CasDe Posted July 2, 2019 Report Share Posted July 2, 2019 in Texas in Wichita County. I filed my motion to compel in May. I received a court date a couple of weeks ago for September 17th. Then yesterday I received paperwork from PortfolioAssociates. asking for default judgement claiming I never answered their original papers I was served with. I took them to the courthouse to make sure I had a court date, and to ask them about the arbitration. I was told they don't grant arbitration, and I will be going to small claims court and to bring anything with me that might help my case. What might that entail? We got behind on our bills during that time because my husband was a contractor and lost his job on base and started working at Lowes so our income dropped. We have a handicapped child, he has hypotonic cerebral palsy and lung disease, I dont work, I stay home with him and homeschool him and take him to Dr's appointments and that time physical therapy every week. What all do I need to gather for this? Any help would be appreciated while I lurk around these forums. Quote Link to comment Share on other sites More sharing options...
BackFromTheDebt Posted July 2, 2019 Report Share Posted July 2, 2019 I am a bit confused reading this. Who is the original creditor? Some have arbitration agreements, others don’t What is a ballpark figure for the amount? Who told you that you can’t arbitrate the case? Quote Link to comment Share on other sites More sharing options...
CasDe Posted July 2, 2019 Author Report Share Posted July 2, 2019 1 minute ago, BackFromTheDebt said: I am a bit confused reading this. Who is the original creditor? Some have arbitration agreements, others don’t What is a ballpark figure for the amount? Who told you that you can’t arbitrate the case? the original creditor was Amazon/synchrony. They do have an arbitration agreement in the contract. I went to the courthouse myself and asked about it, and was told they don't grant arbitration by the clerk at the Justice of the Peace which is where they have me submit all my paperwork. The amount is 1,455 and change. Quote Link to comment Share on other sites More sharing options...
BV80 Posted July 2, 2019 Report Share Posted July 2, 2019 30 minutes ago, CasDe said: Then yesterday I received paperwork from PortfolioAssociates. asking for default judgement claiming I never answered their original papers I was served with Did you file an answer to the complaint? @texasrocker Quote Link to comment Share on other sites More sharing options...
Goody_Ouchless Posted July 2, 2019 Report Share Posted July 2, 2019 Seems odd there are two TX threads today where plaintiff is seeking default judgement, despite apparent answers being filed in a timely manner. Perhaps these are MSJs? Quote Link to comment Share on other sites More sharing options...
CasDe Posted July 2, 2019 Author Report Share Posted July 2, 2019 13 minutes ago, BV80 said: Did you file an answer to the complaint? @texasrocker They told me to just ignore it since the judge didn't sign the default judgement, and I had a court date? Quote Link to comment Share on other sites More sharing options...
BackFromTheDebt Posted July 2, 2019 Report Share Posted July 2, 2019 3 hours ago, CasDe said: the original creditor was Amazon/synchrony. They do have an arbitration agreement in the contract. I went to the courthouse myself and asked about it, and was told they don't grant arbitration by the clerk at the Justice of the Peace which is where they have me submit all my paperwork. The amount is 1,455 and change. There was probably a communication error between you and the clerk. The clerk probably thought you were taking about court sponsored arbitration, which few places have. According to the US Supreme Court, you are entitled to private contractual arbitration outside the court system. There have been others in Texas who have gone through arbitration. Look up how they did it. 1 Quote Link to comment Share on other sites More sharing options...
texasrocker Posted July 3, 2019 Report Share Posted July 3, 2019 7 hours ago, BV80 said: Did you file an answer to the complaint? @texasrocker I looked through my PM's and found where she had asked me about arbitration and I had told her to post in the arbitration forum seeking @fisthardcheese. I'm guessing she probably took @cjtx2's ill-advised instruction to e-file instead of filing an answer in person and it is now somewhere in oblivion. Quote Link to comment Share on other sites More sharing options...
BV80 Posted July 3, 2019 Report Share Posted July 3, 2019 14 hours ago, texasrocker said: I looked through my PM's and found where she had asked me about arbitration and I had told her to post in the arbitration forum seeking @fisthardcheese. I'm guessing she probably took @cjtx2's ill-advised instruction to e-file instead of filing an answer in person and it is now somewhere in oblivion. Ah, okay. It seems that there is a court date so, hopefully, this is fixable. Quote Link to comment Share on other sites More sharing options...
CasDe Posted September 16, 2019 Author Report Share Posted September 16, 2019 They moved my court date from September 17 to September 19.. just 2 days. However, as I’ve mentioned, my son has cerebral palsy and lung disease. He’s sick right now and I’m his care giver. We’re a one income family. If I were to need to request a different court date, how do I do that? Would they do that? Quote Link to comment Share on other sites More sharing options...
CasDe Posted September 19, 2019 Author Report Share Posted September 19, 2019 They granted a continuance. My case was still on the docket for this morning, I called and told them my son was still sick, the clerk said the judge had my motion but hadn’t signed it yet, I’m assuming the lawyers for portfolio associates were there, as this was around 10 and my case was set for 10:30, they went to the judge and put me on hold. Said my continuance was granted and I would receive a letter in the mail with a new court date. The letter I sent the judge sent specific dates I couldn’t come based on my sons appointments. We’ll see how that pans out. Quote Link to comment Share on other sites More sharing options...
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