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Husband being sued by Portfolio as well in TX

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Hello. Before finding this site my husband was served for a lawsuit by PRA. I tried to respond using the attached form. Really didn't know what I was doing, but I wanted to avoid a default judgment. Now, the answer was accepted and the newest update online is there is a bench trial scheduled for 2-11-20. What do you all suggest my next move be? Should I try to file a MTC for arbitration?

Original Creditor: Synchrony Bank (SAMS CLUB)

Amount: $1,301.59

He was served in person at home. Account opened Oct 2013. Last payment made April 2017. We live in TX.

In the summons, there is a section about discovery and they are requesting a lot of information. I've included some snips of the summons. What is our next move? I didn't think they would request discovery from us. Is this the norm?

Civil Answer-redacted.pdf Snips of Summons.docx

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The Texans need to chime in, but normally if you get into discovery, you are deemed to have waived your rights to arbitration.  

Perhaps the best strategy is to submit an amended answer with arbitration etc and to file an MTC ASAP 

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6 minutes ago, BackFromTheDebt said:

The Texans need to chime in, but normally if you get into discovery, you are deemed to have waived your rights to arbitration.  

Perhaps the best strategy is to submit an amended answer with arbitration etc and to file an MTC ASAP 

I'm hoping to hear if someone else has received a summons with Discovery already being asked for. I thought it was odd that he received the petition along with first discovery requests. My own suit by the same law firm was sent differently. I'm hoping we still have a chance to try arbitration.

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20 minutes ago, Robby8900 said:

Attaching discovery to the complaint, may be a tactic to get you to inadvertently waive your right to arbitration. i, agree with @nobk4me

I doubt it’s an attempt to get the defendant to waive the right to arbitration because very few defendants request it.

We’ve seen plaintiffs attach discovery requests to complaints in the past.  More than likely, it’s done for the purpose of convenience.   That way the plaintiff doesn’t have to keep track of which defendants it did or did not send the requests.  

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35 minutes ago, BV80 said:

I doubt it’s an attempt to get the defendant to waive the right to arbitration because very few defendants request it.

We’ve seen plaintiffs attach discovery requests to complaints in the past.  More than likely, it’s done for the purpose of convenience.   That way the plaintiff doesn’t have to keep track of which defendants it did or did not send the requests.  

Exactly.  They cannot do that anymore in JP courts without the court's prior approval but it is still common in law suits filed in county and district courts. 

If the defendant wants to do arbitration they can answer all of the discovery items with something like, "Objection, defendant elects private contractual arbitration."  Wait and see what @fisthardcheese has to say about it.

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Thanks for all the feedback everyone. I checked this morning and an order was updated. I have attached what it says. It says it's an order to control discovery and schedule.

Order.docx

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Update: I submitted a MTC to the court. Do I have to wait to get an answer or update from the court before filing with JAMS?

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