TexasGirl8002

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

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24 minutes ago, WhoCares1000 said:
 

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.

Should I file a Motion for Continuance before trial date? Or just bring it up at the hearing? 

On 5/26/2020 at 10:38 AM, 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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55 minutes ago, WhoCares1000 said:
 

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.

Oops! Please disregard. I see your first sentence says, "What you do at the hearing,..."My apologies.

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On 5/27/2020 at 12:57 PM, TexasGirl8002 said:

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

Their motion was denied by the judge.  Who cares what they said, at this point it is completely irrelevant.  You need to do exactly what @WhoCares1000 said.  Prepare all of your evidence that you have filed in JAMS, bring a copy of your Granted MTC signed by the Judge and remind him that he granted your MTC and placed a stay on the case.  Let him know that JAMS is still in process and ask for 90 days to allow the JAMS process to complete.  That's all you have to do.  Bring any letters from JAMS confirming you filed a case with them.  Look forward and not backwards.

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On 6/4/2020 at 8:05 AM, fisthardcheese said:
 
 

Their motion was denied by the judge.  Who cares what they said, at this point it is completely irrelevant.  You need to do exactly what @WhoCares1000 said.  Prepare all of your evidence that you have filed in JAMS, bring a copy of your Granted MTC signed by the Judge and remind him that he granted your MTC and placed a stay on the case.  Let him know that JAMS is still in process and ask for 90 days to allow the JAMS process to complete.  That's all you have to do.  Bring any letters from JAMS confirming you filed a case with them.  Look forward and not backwards.

Ok. I'm ready! Also, if the attorney for the Plaintiff does not show up to the hearing, can I move to have the case dismissed with prejudice?

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A little too early and I doubt the judge will go for it. Just present to the judge the evidence that  you started the case and that due to the issue with COVID-19, JAMS was late in getting things started but they have since done so. Present your evidence and go from there.

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On 6/11/2020 at 6:30 PM, TexasGirl8002 said:

Ok. I'm ready! Also, if the attorney for the Plaintiff does not show up to the hearing, can I move to have the case dismissed with prejudice?

No, because the MTC was granted, a dismissal will need to be stipulated by both parties.  This is actually what will help you when THEY want to dismiss too. They will have to reach an agreement with you first.  That is why having a granted MTC is powerful and shifts the leverage to your hands.  Just ask for the continuance and then email the attorney with a settlement offer.

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On 7/3/2020 at 12:44 PM, TexasGirl8002 said:

***Update 

The Judge granted a 60 day continuance.

Perfect!  Now is a great time to send a short, simple and respectful settlement offer to the attorney.  I usually email the attorney and say something like, "in the interest of further time and expense on this case, I am willing to offer your client a settlement of mutual dismissal with prejudice in this matter.  I am willing to dismiss with prejudice my pending arbitration case in JAMS in exchange for a dismissal with prejudice of the XXX County Court case #YYY.  This offer expires in 14 days." - anything like that should get the ball rolling.

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On 7/5/2020 at 8:19 AM, fisthardcheese said:

Perfect!  Now is a great time to send a short, simple and respectful settlement offer to the attorney.  I usually email the attorney and say something like, "in the interest of further time and expense on this case, I am willing to offer your client a settlement of mutual dismissal with prejudice in this matter.  I am willing to dismiss with prejudice my pending arbitration case in JAMS in exchange for a dismissal with prejudice of the XXX County Court case #YYY.  This offer expires in 14 days." - anything like that should get the ball rolling.

Ok. I will do this and update. Thank you. 🙏

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On 7/6/2020 at 12:21 PM, TexasGirl8002 said:

Ok. I will do this and update. Thank you. 🙏

***Update 

@fisthardcheese

I received the following response from the Plaintiff's attorney:

We will agree to dismiss the court action with prejudice if you agree to dismiss the arbitration with prejudice. If this is agreeable, please send over a proposed dismissal of the arbitration. We will get together an Agreed Motion to Dismiss for the court action.

What is my next step? 

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On 7/15/2020 at 1:06 PM, TexasGirl8002 said:

***Update 

@fisthardcheese

I received the following response from the Plaintiff's attorney:

We will agree to dismiss the court action with prejudice if you agree to dismiss the arbitration with prejudice. If this is agreeable, please send over a proposed dismissal of the arbitration. We will get together an Agreed Motion to Dismiss for the court action.

What is my next step? 

They agreed to your settlement!  Your next step is to tell them you accept the terms and will review and sign the Stipulated Motion to Dismiss With Prejudice once they send it.  Type up a simple dismissal for the arbitration and attach it to the email to the attorney.  Mine usually has the case header, then just says "As the parties have reached a settlement agreement, the Claimant and Respondent jointly agree to dismiss all claims in this Arbitration Action with prejudice."  Sign it and then leave a blank line for their attorney to sign and send back to you.

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40 minutes ago, fisthardcheese said:

They agreed to your settlement!  Your next step is to tell them you accept the terms and will review and sign the Stipulated Motion to Dismiss With Prejudice once they send it.  Type up a simple dismissal for the arbitration and attach it to the email to the attorney.  Mine usually has the case header, then just says "As the parties have reached a settlement agreement, the Claimant and Respondent jointly agree to dismiss all claims in this Arbitration Action with prejudice."  Sign it and then leave a blank line for their attorney to sign and send back to you.

Do I need to wait to receive their Stipulated Motion to Dismiss and review before I send mine?

Also, should I wait until my case in court shows a dismissed with prejudice status online before submitting my dismissal of the arbitration case? Or is the signed document agreeing to dismiss sufficient? I don't want to prematurely dismiss the arbitration case.

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1 hour ago, TexasGirl8002 said:

Do I need to wait to receive their Stipulated Motion to Dismiss and review before I send mine?

Also, should I wait until my case in court shows a dismissed with prejudice status online before submitting my dismissal of the arbitration case? Or is the signed document agreeing to dismiss sufficient? I don't want to prematurely dismiss the arbitration case.

Honestly they seem a bit shady and given their history, I wouldn't send them a signed dismissal. I would send it blank at first and try to have them sign it first.

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17 hours ago, defaultjudgment said:

Honestly they seem a bit shady and given their history, I wouldn't send them a signed dismissal. I would send it blank at first and try to have them sign it first.

Bogus.  The attorney sent an offer by email.  That is a written settlement offer.  If you play petty with the order things are signed, then expect them to consider YOU shady and perhaps play petty back.  Just send your half of the agreement.  There still a court order in place to arbitrate.  If they don't fulfill their half of the agreement, you take it to the judge and they get in trouble.

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17 hours ago, defaultjudgment said:

Honestly they seem a bit shady and given their history, I wouldn't send them a signed dismissal. I would send it blank at first and try to have them sign it first.

I agree with @fisthardcheese.  The OP should not get petty or paranoid.  There’s already a paper trail. 

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19 hours ago, TexasGirl8002 said:

I don't want to prematurely dismiss the arbitration case.

You have a written settlement agreement in place now.  Nothing is premature.  Just show you know what you are doing and follow through on your half.

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20 hours ago, TexasGirl8002 said:

***Update

Dismissed WITH prejudice!!!!! Thank you so much to everyone that helped me through this!!!! Especially @fisthardcheesefor your time and advice.

Now that the case is dismissed, can I have it removed from my credit report?

 

 

 

Great work!! Congrats!!!

Wait 30 days and get a new copy of your credit report.  If the JDB is still on there, send a dispute to the CRAs saying you are not liable for this account.  They should remove it.

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Update****

 

I received a copy of the Motion to Dismiss in the mail from the Midland Attorney. They filed a motion to dismiss without prejudice (notice of non suit) which is NOT what we agreed on. What do I need to do to notify or correct with the court? Do I need to appeal? @fisthardcheese, @BV80, @WhoCares1000

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3 hours ago, TexasGirl8002 said:

Update****

 

I received a copy of the Motion to Dismiss in the mail from the Midland Attorney. They filed a motion to dismiss without prejudice (notice of non suit) which is NOT what we agreed on. What do I need to do to notify or correct with the court? Do I need to appeal? @fisthardcheese, @BV80, @WhoCares1000

Do you have copies of the signed agreements? Do those agreements state WITH prejudice?

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4 hours ago, TexasGirl8002 said:

I have the email chain where we discussed it and copies of the document that I signed agreeing to a mutual dismissal with prejudice. 

I would first email the attorney and attach the agreement that is signed and ask them if it was an oversight on their part. Like someone said earlier on, they probably are in auto-pilot not thinking or not reading something before they drew up the without prejudice. 

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