Impress

Midland/Citibank Texas

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Hola,

So I was doing a random search to see if any new lawsuits were pending against me and what do I find but Midland is suing me for an old Citi card (2K+).  It's within SOL so I have to fight this.  My first inclination is arbitration but there is that pesky carve out.

Quote

Individual Claims filed in a small claims court are not subject to arbitration, as long as the matter stays in small claims court.

I knew this suit was coming, so I've been trying to find arguments and case law I can use to back up my MTC should the other attorney actually object because of the carve out.  So far I've had no luck finding anything. 

Any ideas, arguments, cases, etc, you guys can provide I would appreciate the help.  I should also add that Texas no longer has an actual small claims court, and this was filed in Justice Court, but I know that distinction is reliant upon the judge.  So that's why I'm searching for argument and such I can use.

The attorney's are Scott & Associates.  Does anyone have any dealings with them?

Thanks for all advice & assistance.

PS - As of today I haven't actually been served, it's only been filed.  I'm trying to get prepared now. 

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15 hours ago, Impress said:
 
 

Hola,

So I was doing a random search to see if any new lawsuits were pending against me and what do I find but Midland is suing me for an old Citi card (2K+).  It's within SOL so I have to fight this.  My first inclination is arbitration but there is that pesky carve out.

I knew this suit was coming, so I've been trying to find arguments and case law I can use to back up my MTC should the other attorney actually object because of the carve out.  So far I've had no luck finding anything. 

Any ideas, arguments, cases, etc, you guys can provide I would appreciate the help.  I should also add that Texas no longer has an actual small claims court, and this was filed in Justice Court, but I know that distinction is reliant upon the judge.  So that's why I'm searching for argument and such I can use.

The attorney's are Scott & Associates.  Does anyone have any dealings with them?

Thanks for all advice & assistance.

PS - As of today I haven't actually been served, it's only been filed.  I'm trying to get prepared now. 

The Texas Supreme Court abolished small claims courts in 2013.  We had a lengthy discussion on this topic a year ago or so. 

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2 hours ago, texasrocker said:

The Texas Supreme Court abolished small claims courts in 2013.  We had a lengthy discussion on this topic a year ago or so. 

*nods*  I know.  But my concern is a judge who might view Justice Court as small claims court because they are handled there.  I want to make sure I can provide a convincing argument and/or have case law to argue against the small claims carve out. 

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