TxCitiboy

Portfolio Rec Assoc. Suing in Texas. Need Help

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Portfolio Recovery Associates in Dallas Texas, suing on debt from WebBank (Dell Preferred Account). Suit is in Johnson County Precinct 2, and attny is from Rausch Sturm. Amount is for $2,430 for debt less than 3 years old. 

I was served yesterday 9.17.19 at 8:00 pm

Suing for breach of contract seeking damages for full amount

I forget what all else I need to do. I will attach copies of the suit, and my documents for review. This will include a copy of the debt agreement.

Here's my plan, based upon my reading and research on this site:

1. Initiate a JAMS claim, and notify the Plaintiff of my election of an arbitration. I have attached copies of what I'm sending)

This includes a cover letter, the demand for arbitration filled out, copies of the agreement, and a notification that the Plaintiff is responsible for all fees.

The letter to the Plaintiff states arbitration, and I will include a copy of the the demand for arbitration.

 

2. When my certified letter is confirmed received, I will file my answer with the court (also attached) that contains both a motion to compel arbitration and a general denial of the points brought forward on the suit. This includes sending a certified copy of the answer and MTC to the Plaintiff and Attny.

Once this is done I think I just sit back and wait for them to withdraw the suit? How do my documents look?

I understand there's a chance they will allow this to continue, and in which event JAMS will require a complaint. I am building that as we speak, but I'm hoping that they don't make it that far. I don't see them spending what JAMS will cost to secure a $2,400 debt that they probably spent less than $200 on. 

ADDITIONALLY, I've seen several posts making an affidavit and exhibit of the original credit agreement. Is this a good idea? Should I include that in the MTC answer? Or is my citing of it in the answer enough?

Thoughts, corrections, comments, concerns?

 

thanks so much

 

20190918_130028.heic

SuitAnswerPublishable.docx NoticeOfMTCPublishable.docx DPA_Terms_Conditions.pdf 20190918_130028.heic 20190918_130036.heic 20190918_130042.heic

Edited by TxCitiboy
Clarify and ask additional question

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Do it in the reverse order:  file your answer and MTC Arb with the court FIRST, then wait until the ruling on the MTC Arb before filing in JAMS.  It's possible the JDB will dismiss, and you won't even have to file with JAMS.

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