Monolithic Cheesecake

Being Sued by PRA in Tarrant County, TX. Mediation. PLEASE HELP!!

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Here's the situation:

I was served and after doing some research, I filed an answer letter.  I received a letter in the mail about a pre-trial mediation.  I attended but was unprepared because I didn't know what I was in for.  I requested a continence and the judge granted it.  I go to court on the 5th, which is in 6 days.  I've done a LOT of research, but I just would like some advice on my current plan.  I don't want to agree to any kind of mediation for fear that it will inadvertently admit that the debt is mine, and my main defense is the burden of proof that they will have to provide.  To my understanding, to prove that the debt is not only mine, but is the correct amount, they will need all the paperwork of every payment in the chain of documents.  

My plan thus far is to make a motion of discovery.  See what ammo they have against me.  My questions: 

1)Is that an admittance that can be used against me if we go to trial?

2)I have some old documents regarding this CC debt, but obviously if I'm fighting it on the basis of them having to prove it, what do you think the pro's con's of revealing that.(I know that question might seem stupid, but I'm trying to get an idea of all aspects and scenarios)

3)Should I just flat out refuse arbitration and go to trial?  When I was served, they provided no copies of any kind of CC agreement or any kind of supporting documentation

4)I've been reading something about arbitration through "JAMS".  Would that be a good route?

 

Thank you so much for any help you can provide.  

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34 minutes ago, Monolithic Cheesecake said:

4)I've been reading something about arbitration through "JAMS".  Would that be a good route?

Yes,  if it's available. Staying in court involves getting permission for discovery, and there's a chance the court will still rule against you. On the other hand, PRA will dismiss the case once the motion to compel arbitration has been granted. 

The first problem you have is that it seems that, in Texas, your right to arbitration is waived if you don't assert arbitration in your answer. This can be remedied by asking the court to amend your answer. The second problem is some creditors don't have arbitration in their card agreements, or have "small claims court" exclusions. You didn't say who the OC is, so you'll have to read your card agreement to see if either of these conditions applies to your situation. 

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Rule 507 says that your request for discovery has to be made before trial. If the court grants your request for discovery, you then have to serve the other party with your discovery, and they have to be allowed enough time to respond. If your trial is in 5 days, there's no way all of that can happen in that short amount of time, so you're looking at asking the court for yet another continuance.  If that's your plan, you best get that request in ASAP because if you wait until day of, you can bet PRA is going to throw a fit. 

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2 hours ago, Monolithic Cheesecake said:

To my understanding, to prove that the debt is not only mine, but is the correct amount, they will need all the paperwork of every payment in the chain of documents.  

Your understanding is incorrect. In Civil cases it usually comes down to the preponderance of evidence. Since the debt buyer legally purchased your debt, they will provide the court with enough evidence to prove that point. The amount owed will be a final balance. Unless you are prepared to prove that the plaintiff never bought your debt, and fabricated all of the evidence in Photoshop, the trial will be a pretty quick ruling for plaintiff.

 

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