TexasQT

Portfolio Recovery Texas

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Yesterday someone knocked on my daughters door and it was the maintenance man for the duplexes she rents from. He handed her some papers and an empty envelope and said these came to the office and they are for you. Needless to say it was papers from Rausch Sturm her being sued by Portfolio for a Comenity Bank Care (Buckle). Account was opened in 2013 and last payment made in 2018. They say the balance is $1824. It was filed in county court in Smith County Texas. I was able to find their arbitration agreement. She has until August 30th to respond. I am helping because she is young and clueless about how to handle this. I personally have sued the Big 3 and various JDB over the years, but have never been on the receiving end to even know how to help her. Can anyone point me in the right direction? I just joined this board but will read through other posts to see if I can find some insight. They are getting ready to purchase their first home and she doesn’t need a judgement. 

 

Thanks so much.

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Also when I go JAMs I seems she has to pay $1500 to submit a case. Is that correct? I read elsewhere (google) the max fee for a consumer is $250.

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9 minutes ago, TexasQT said:

Also when I go JAMs I seems she has to pay $1500 to submit a case. Is that correct? I read elsewhere (google) the max fee for a consumer is $250.

https://www.jamsadr.com/arbitration-fees

“For matters involving consumers, the consumer is only required to pay $250. See JAMS Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses.”

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The agreement lists she can use adr or JAMs. Does it matter which one and is one more consumer friendly. I’m assuming arbitration is the route to go as I’ve read they generally back down, especially with such a small balance. I’m trying to read all I can because she lives a couple hours from me, but I will be st her house this coming Wednesday and would like to have the paperwork printed and ready for her to go file at the courthouse. Is this easy enough to do without paying $750 for an attorney. It would make more sense to settle with them vs paying $1500 for an attorney.

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I would use JAMS. However, actually filing with an arb forum shouldn't be the first priority.  

The first priority is answering the lawsuit and filing a Motion to Compel Arbitration.  If that is granted, then is the time to consider filing a claim for arbitration.  It's possible the case won't even go that far.  JDBs often dismiss the case at that point.

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Yes we are doing that Wednesday. Still trying to figure out how to respond to them and do I go ahead and send the attorney a letter stating we are request arbitration?

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