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MaeghanF

Sued by PRA/SYNCHRONY- TEXAS- update dismissed with prejudice

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1 Who is the named plaintiff in the suit? 
Portfolio Recovery

2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.)

Raush Sturm

3. How much are you being sued for?
$2412.99

4. Who is the original creditor? (if not the Plaintiff)

Synchrony bank

5. How do you know you are being sued? (You were served, right?)
Served

6. How were you served? (Mail, In person, Notice on door)

In person

7. Was the service legal as required by your state?

yes

Process Service Requirements by State - Summons Complaint

8. What was your correspondence (if any) with the people suing you before you think you were being sued?

none

9. What state and county do you live in?

Denton County, Texas

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations)

Aug 2018

11. When did you open the account (looking to establish what card agreement may be applicable)?

Aug 2017

12. What is the SOL on the debt? To find out:

4 years

Statute of Limitations on Debts

13. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or B) looking it up online (many states have this information posted - when you find the online court site, search by case number or your name).

suit served  

14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?)

not sure

15. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request before being sued, it likely won't help create FDCPA violations, but disputing after being sued could be useful to show the court that you dispute the debt ('account stated' vs. 'breach of contract').

no

16. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit?

Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits
 

14 days 

17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits

none

18.  How did you find out about this site?

google

18. Read these two links:

Using Arbitration To Defend A Debt Collection Lawsuit

Sued by a Debt Collector - Learn How to Fight Debt Lawsuits

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You need to do a little homework.

There are many threads on this forum from people who have been in the the same situation.  Synchron account, PRA, Rausch law firm.  

There is a way to win.  @fisthardcheese put together a nice arbitration thread.

There may be specifics for dealing with Texas.  I would recommend doing a search on arbitration, and learning the basic techniques.  Look at the specific Texas threads as well.  @texasrocker may have some specific detail about Texas courts. 

Long story short: you can beat this with arbitration, but you have to do your homework to execute your plan.

Good luck!

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On 1/14/2020 at 6:16 PM, MaeghanF said:
 
 

Thanks all. I went through the arbitration post that was suggested and oddly feel optimistic that I can beat this.

You can!  Answer and file the MTC.  The MTC hearing will be the key element here.  Once you get the court to grant your motion, it's all downhill and easy from there.

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15 hours ago, MaeghanF said:

Thanks! I plan on filing my answer and MTC this week. Any chance you know how many people this has worked for on the forums?

Almost everybody who followed the rules and did it right.  A recent poster from Alaska revealed that the JDB walked on a $14K debt when faced with arbitration.

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Can someone tell me if this MTC looks good? I added Texas law about arbitration

 

MOTION TO COMPEL PRIVATE/CONTRACTUAL ARBITRATION AND TO STAY PROCEEDINGS PENDING ARBITRATION

NOW COMES Defendant, appearing Pro Se for its Motion to Compel Private Contractual Arbitration and as grounds thereto states the following:

1. That on or about ___January 9th________, 2020, Plaintiff filed its Complaint against Defendant.

2. Defendant sent a letter via certified mail to Plaintiff's attorney on ____________, 2020, electing arbitration with JAMS and requesting dismissal of this case (see Exhibit A, attached).

3. Defendant moves this court to compel binding Private Arbitration based on the terms and conditions of the Credit Card Agreement (see Exhibit B, attached).

4. The parties are bound by the Credit Card Agreement. The Arbitration Agreement states among other things:

(a) YOU AND WE AGREE THAT EITHER YOU OR WE MAY, AT EITHER PARTY’S SOLE ELECTION REQUIRE THAT ANY CLAIM BE RESOLVED BY BINDING PRIVATE ARBITRATION.

(b) IF YOU OR WE ELECT PRIVATE ARBITRATION OF A CLAIM, NEITHER YOU NOR WE WILL HAVE THE RIGHT TO PURSUE THAT CLAIM IN COURT OR BEFORE A JUDGE OR JURY.

(c) YOU OR WE MAY ELECT ARBITRATION UNDER THIS ARBITRATION PROVISION WITH RESPECT TO ANY CLAIM, EVEN IF THE CLAIM IS PART OF A LAWSUIT BROUGHT IN COURT. YOU OR WE MAY MAKE A MOTION OR REQUEST IN COURT TO COMPEL PRIVATE ARBITRATION OF ANY CLAIM BROUGHT AS PART OF ANY LAWSUIT

(d) CLAIM MEANS ANY CLAIM, CONTROVERSY OR DISPUTE OF ANY KIND OR NATURE BETWEEN YOU AND US.

(e) THIS ARBITRATION PROVISION IS MADE PURSUANT TO A TRANSACTION INVOLVING INTERSTATE COMMERCE AND SHALL BE GOVERNED BY AND ENFORCEABLE UNDER THE FEDERAL ARBITRATION ACT.


5. The Federal Arbitration Act (FAA) 9 USC, Section 1-2 provides:

“A written provision in any maritime transaction or a contract evidencing a transaction involving commerce to settle by arbitration a controversy thereafter arising out of such contract or transaction or the refusal to perform the whole or any part thereof or an agreement in writing to submit to arbitration an existing controversy arising out of such contract, transaction, or refusal, shall be valid, irrevocable and enforceable save upon such grounds as exist at law or in equity for the revocation of any contract”.

6. Texas General Arbitration Act


            (a) A written agreement to arbitrate is valid and enforceable if the agreement is to arbitrate a controversy that:
 

(1) exists at the time of the agreement; or

(2) arises between the parties after the date of the agreement.

            Tex. Civ. Prac. & Rem. Code § 171.021(a).

1.        When arbitration is ordered, the court must stay the litigation. Tex. Civ. Prac. & Rem. Code § 171.025



7. The Supreme Court Ruling, decided April 27, 2011, AT&T MOBILITY LLC v. CONCEPCION ET U, states that courts must enforce arbitration agreements according to their terms. If there is an arbitration clause in the contract, that clause must be honored.

"We have described this provision as reflecting both a “liberal federal policy favoring arbitration,” Moses H. Cone , supra, at 24, and the “fundamental principle that arbitration is a matter of contract,” Rent-A-Center, West, Inc. v. Jackson , 561 U. S. ____, ____ (2010) (slip op., at 3). In line with these principles, courts must place arbitration agreements on an equal footing with other contracts, Buckeye Check Cashing, Inc. v. Cardegna , 546 U. S. 440, 443 (2006) , and enforce them according to their terms, Volt Information Sciences, Inc. v. Board of Trustees of Leland Stanford Junior Univ. , 489 U. S. 468, 478 (1989) ."

Furthermore, "The “principal purpose” of the FAA is to “ensur[e] that private arbitration agreements are enforced according to their terms.” Volt , 489 U. S., at 478; see also Stolt-Nielsen S. A. v. AnimalFeeds Int’l Corp. , 559 U. S. ___, ___ (2010) (slip op., at 17). This purpose is readily apparent from the FAA’s text. Section 2 makes arbitration agreements “valid, irrevocable, and enforceable” as written (subject, of course, to the saving clause); §3 requires courts to stay litigation of arbitral claims pending arbitration of those claims “in accordance with the terms of the agreement”; and §4 requires courts to compel arbitration “in accordance with the terms of the agreement” upon the motion of either party to the agreement . . . "
 

8. The Defendant elects arbitration to settle this dispute.


WHEREFORE, Defendant moves this Honorable Court to compel private contractual arbitration pursuant to the Cardmember Agreement and to stay proceedings pending contractual arbitration.



Respectfully submitted this day ________________, 2020


(Your name), Defendant, pro se

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Be ready to meet with the attorney at the pretrial hearing and him attempting to scare you away from arbitration by lying and pressuring you.  Aside from that, just let the judge read your motion and answer any questions he has.

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Also be ready for the judge to suggest court mediation.  This happened to my mom because the judge thought arb would be to costly.  Mediation is free so of course the JDB would agree to it.  Stick with your guns that you want to arbitrate as per CC agreement.

 

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On 1/27/2020 at 2:04 PM, Impress said:

Also be ready for the judge to suggest court mediation.  This happened to my mom because the judge thought arb would be to costly.  Mediation is free so of course the JDB would agree to it.  Stick with your guns that you want to arbitrate as per CC agreement.

 

That’s a great tip! Thank you!

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Hi all,

 

update! I had the pre trial hearing today. PRA did not show up and judged granted the MTC. Ready for next steps. While waiting, the judge to dismissed a few cases since the JDBs lawyers weren’t present so that’s a nice sign but I know to request a dismissal with prejudice if it comes to that.  The judge did say I was the first case he’d seen that went to arbitration and the clerks were pretty confused on what the next steps were. 

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47 minutes ago, MaeghanF said:

Hi all,

 

update! I had the pre trial hearing today. PRA did not show up and judged granted the MTC. Ready for next steps. While waiting, the judge to dismissed a few cases since the JDBs lawyers weren’t present so that’s a nice sign but I know to request a dismissal with prejudice if it comes to that.  The judge did say I was the first case he’d seen that went to arbitration and the clerks were pretty confused on what the next steps were. 

If you file a motion asking for arbitration, the next step would be file that arbitration so you aren't in violation of the court's order you just sought.

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2 minutes ago, Impress said:

Would you send the letter asking for mutual walk away now, or wait to file? 

 

Wait.  There is no leverage yet.  You must comply with the court order to arbitrate and let them get stuck between paying an arbitration bill or being in violation of the court's order.  Then they will have incentive to accept your offer as an alternative.

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In other news, looking at the county records, PRA filed a motion to be awarded a default judgement two days after the ore trial hearing. They’re nuts. They didn’t even show up to court! Is this a common tactic of theirs? 

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Yes.  Wait to get the packet from JAMS stating the case number and all of the info about starting arbitration along with the fees due by PRA.  Then send them a settlement offer for mutual dismissal.

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Thought I’d give an update. I followed the advice from @fisthardcheese and PRA attorney emailed me stating they would agree to dismiss with prejudice for Dismissal of the arbitration case. They should send the agreement over today!thanks everyone. 

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