TexasGirl8002

Help! Tried to file MTC Arbitration in Texas Justice Court and was told I had to have an attorney!

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Just file the same answer as you did before and then file your motion for arbitration again. In the motion, note that another judge had already ordered arbitration and that the plaintiff refused to pay the fees which caused the arbitration case to be cancelled and that you want the plaintiff to be ordered back into arbitration.

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On 2/25/2020 at 11:40 AM, WhoCares1000 said:

Just file the same answer as you did before and then file your motion for arbitration again. In the motion, note that another judge had already ordered arbitration and that the plaintiff refused to pay the fees which caused the arbitration case to be cancelled and that you want the plaintiff to be ordered back into arbitration.

 

I have attached a redacted MTC Arbitration.pdfrough draft of my MTC Arbitration with the notations that you suggested. Do you or @fisthardcheese mind looking at it and offering an opinion? 

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1 hour ago, TexasGirl8002 said:

Update***

This morning I filed my answer along with the MTC Arbitration and was immediately granted an order to arbitrate. I have 30 days to file with JAMS.  

Congratulations.  This time you MIGHT need to threaten them with a Federal MTC which should force them in to dropping it.  This is a first for us.

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Now you get the JAMS case started again and include the new court order to show this is a new case. Keep an eye on things after that and if they do not pay the fees and the case gets closed again, immediately file a motion for sanctions in the court demanding that the court force them to commence arbitration or in the alternative, order a dismissal with prejudice. I would start working on that order right now so that you can file it if they JAMS case gets closed again. I would include in the motion for sanctions that this is the 2nd time they did this and show that they did not follow the original order either. That will not look good for the Midland attorney to have to explain why they failed to follow 2 court orders.

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@fisthardcheese, @Clydesmom ****Update

02/27/2020- MTC was granted and I had 30 days to initiate arbitration.

03/03/2020- Demand for Arbitration and all other documents to initiate arbitration sent to JAMS via CMRR.

03/18/2020- I was notified via email that my documents had been received but the last page of my credit card agreement was missing.

03/18/2020- The same day I received the email, I mailed a complete copy of the credit card agreement via CMRR.

04/24/2020- I emailed the case manager to check on the status of my case since I had not heard anything and my deadline was approaching. I waited as long as I did because I knew things had been delayed because of COVID-19. The case manager informed me that they were working remotely from home and she had not seen the copy of the credit card agreement that I mailed. She asked me to email all the docs to her and I did.

05/06/2020- JAMS notified Midland and myself via email that that a Demand for Arbitration had been received.

05/07/2020-JAMS sent A Notice of Intent to Initiate Arbitration to both parties via email. Included in the letter was the request for the Respondent to pay the fees to commence arbitration.

05/11/2020-Received notice from the JP Court via email that a Trial by Judge was scheduled. I checked the online court record and a Motion for Default Judgement has been filed.

 

I know that's a lot of info but....What the heck do I do now?

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5 hours ago, TexasGirl8002 said:

05/11/2020-Received notice from the JP Court via email that a Trial by Judge was scheduled. I checked the online court record and a Motion for Default Judgement has been filed.

 

You need to file an opposition to their motion ASAP.

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Please forgive my ignorance. I have been trying to research how to oppose a motion. I'm unclear if a default judgement has already been given or if it is in the process. Would I draft a motion to set aside a default judgement or is the process to oppose the motion different? Also, what needs to be stated in the opposition? Any guidance is appreciated.

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Since the plaintiff has not been given a default judgement, you file an opposition to the MSJ. In the opposition, you take what they wrote in the MSJ and you state what you agree with and what you do not agree with. You also put forth the facts on why the MSJ should not be granted.

In this case, you had filed all paperwork with JAMS by 18 March 2020. Unfortunately, due to COVID 19 and the associated shutdowns, JAMS was not able to process your demand for arbitration until 6 May 2020. You had followed the judicial order and initialed arbitration within 30 days. Therefore, the MSJ should be denied because you followed the judicial order and the hold up on the initiation of arbitration was not due to your negligence but due to office issues at JAMS which were not in your control and that a default judgement would be prejudicial against you.

As to the exact wording, I am not sure how that would go.

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8 minutes ago, WhoCares1000 said:
 
 

Since the plaintiff has not been given a default judgement, you file an opposition to the MSJ. In the opposition, you take what they wrote in the MSJ and you state what you agree with and what you do not agree with. You also put forth the facts on why the MSJ should not be granted.

In this case, you had filed all paperwork with JAMS by 18 March 2020. Unfortunately, due to COVID 19 and the associated shutdowns, JAMS was not able to process your demand for arbitration until 6 May 2020. You had followed the judicial order and initialed arbitration within 30 days. Therefore, the MSJ should be denied because you followed the judicial order and the hold up on the initiation of arbitration was not due to your negligence but due to office issues at JAMS which were not in your control and that a default judgement would be prejudicial against you.

As to the exact wording, I am not sure how that would go.

Very nice, although the OP said it was a motion for a default judgment.  
 

Basically they are claiming you never replied to the summons properly.  That is not true.  Take all the quoted advice, and write it up as an Objection to the Motion for Default Judgment.  
 

I once had a plaintiff file a bogus motion for default judgment against me.  I had followed all the procedures correctly.  The judge had a hearing, I explained what I had done, and the judge ruled against them.  
 

So don’t be scared.  

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The email I received only had a notice of the hearing date attached. I am expecting to receive a copy of the motion in the mail. When I looked the case up online it only showed that a motion had been filed. I was not able to actually read it. I will be happy to post text of the motion once I do receive it.

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Have you filed an opposition to the Motion for Default Judgement?  I would immediately file a strongly worded opposition acting as appalled as I can while still being respectful.  Clearly there is no basis for a default judgement, since the complaint was answered properly, a MTC was GRANTED and a STAY is put in place on this case pending JAMS arbitration. This is clearly a case of some attorney not only not doing any kind of due diligence, but not even literally LOOKING at the file before just auto-filing stuff in their cases. I would lean hard on this fact to make the attorney look foolish to the judge.

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2 hours ago, fisthardcheese said:

Have you filed an opposition to the Motion for Default Judgement?  I would immediately file a strongly worded opposition acting as appalled as I can while still being respectful.  Clearly there is no basis for a default judgement, since the complaint was answered properly, a MTC was GRANTED and a STAY is put in place on this case pending JAMS arbitration. This is clearly a case of some attorney not only not doing any kind of due diligence, but not even literally LOOKING at the file before just auto-filing stuff in their cases. I would lean hard on this fact to make the attorney look foolish to the judge.

I have been waiting for a copy of the motion to be mailed so that I can see what it says. However, I'm nervous about waiting any longer. What format should I use? Should it just be a letter? Also, should I include copies of emails or my CMRR? I plan on working on this document over the weekend.

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1 hour ago, TexasGirl8002 said:

I have been waiting for a copy of the motion to be mailed so that I can see what it says. However, I'm nervous about waiting any longer. What format should I use? Should it just be a letter? Also, should I include copies of emails or my CMRR? I plan on working on this document over the weekend.

 I would call the clerk's office and see what's up.  It may be that the court has been closed and no one has mailed you a copy (even though the attorney is supposed to - doesn't mean they did).  Ask the clerk if you can get a copy emailed since in-person business is limited due to COVID.  See what they say.

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On 5/22/2020 at 10:35 AM, fisthardcheese said:

 I would call the clerk's office and see what's up.  It may be that the court has been closed and no one has mailed you a copy (even though the attorney is supposed to - doesn't mean they did).  Ask the clerk if you can get a copy emailed since in-person business is limited due to COVID.  See what they say.

I emailed the clerk on Thursday afternoon and asked when I would receive a copy of the Motion in the mail. I informed her that it had been 10 days and I had not received anything from the Plaintiff or the Court. She said that she was out of the office but she would check on my case when she got back in the office on Tuesday. This morning, 05/26/2020, I received an email that said the Judge denied the motion of  Default Judgement and that the case was set for hearing on June 29th. I am freaking out a little bit. 

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22 minutes ago, TexasGirl8002 said:

I emailed the clerk on Thursday afternoon and asked when I would receive a copy of the Motion in the mail. I informed her that it had been 10 days and I had not received anything from the Plaintiff or the Court. She said that she was out of the office but she would check on my case when she got back in the office on Tuesday. This morning, 05/26/2020, I received an email that said the Judge denied the motion of  Default Judgement and that the case was set for hearing on June 29th. I am freaking out a little bit. 

The judge denying the motion for default judgment is a victory.  An expected victory, but a victory nonetheless.  

Now prepare for the June 29 hearing.  And try not to panic.  Their biggest weapon is fear.  

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5 hours ago, BackFromTheDebt said:

The judge denying the motion for default judgment is a victory.  An expected victory, but a victory nonetheless.  

Now prepare for the June 29 hearing.  And try not to panic.  Their biggest weapon is 

I have a few more questions. First of all, I am just now reading over the motion that was filed by the Plaintiff. If I'm reading correctly, it looks as if they are saying that I never answered the complaint. That is definitely untrue. Also, the copy was sent to me by email as well as a copy of the denial of the motion. However, the case online has not been updated to reflect that the motion was denied. Do I still need to file a formal opposition to the motion? I don't want to make any missteps. Also, the Trial Hearing Notice states to have all documents, witnesses and evidence, etc...at the hearing with me. What exactly do I need to do or have with me to be prepared?

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@ @Clydesmom, @WhoCares1000, @BackFromTheDebt, @Harry Seaward, @fisthardcheese

I'm not sure if I should: File a Motion for Sanctions or a Motion to Dismiss With Prejudice since this is the second time that Plaintiff ignored the order to arbitrate. Or should I abandon any hope of enforcing arbitration and prepare for a case? 

 

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What you do is at the hearing, you present to the judge the evidence that you attempted to start arbitration within the 30 day deadline and unfortunately, due to the issues surrounding closures due to COVID 19, JAMS was slow in getting the case started. You then move that the court continue the case while the arbitration case proceeds. Motion for sanctions is when it is obvious that the other side does not intend to arbitrate and you are not at that point yet.

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