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GaylenF

Being sued by second-round sub in the Bowie County District Court of Texas

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My wife is being sued by second-round sub in the Bowie County District Court of Texas. We have submitted our answer to the court and requested a signed copy of the original credit card agreement from the debt collector.  We stated that, based on the original credit card agreement  that arbitration is the proper forum of resolution of this issue. It has been about two weeks and we still haven't received anything from the debt collector (including the copy of the credit card agreement that we requested). Should we expect that they will provide that to us before there is a hearing?

Also, I am preparing to submit the motion to compel arbitration to the court. And looking at the sample motion to compel listed in the Arbitration Overview and Strategy (quoted below) I'm wondering if there needs to be any sort of case numbers where there are blanks below (in red)? And if so, where would I find those numbers? I am not involved in any field of law, so any help here would be greatly appreciated. 

Thank you so much in advance.

 

“Rent-A-Center, West, Inc. v. Jackson , 561 U. S. __?__, _?___ (2010) (slip op., at 3)”

“Stolt-Nielsen S. A. v. AnimalFeeds Int’l Corp. , 559 U. S. _?__, _?__ (2010)”

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2 hours ago, GaylenF said:

We have submitted our answer to the court and requested a signed copy of the original credit card agreement from the debt collector.

Was she sued in Justice Court?  If so, then you have to get permission from the court to do discovery which is what requesting any evidence including the card agreement is.  The second problem is the courts are well aware there is no signed card agreement.  The original would have been mailed to you with the card.  You do not need the Plaintiff to provide you with this.  You only need to go to the archives at the CFPB and pull the one for your card that was the last year active when the default on the account happened.  So if she defaulted in 2017 and the last updated card agreement was 2016 that is the one needed.

2 hours ago, GaylenF said:

We stated that, based on the original credit card agreement  that arbitration is the proper forum resolution of this issue.

If that is the route you want to go then you now need to file a motion to compel arbitration per the terms of the card agreement.  Otherwise you will be forced in to the court mandated mediation at big expense to you that the Justice Courts are now pushing to clear the dockets.

2 hours ago, GaylenF said:

It has been about two weeks and we still haven't received anything from the debt collector (including the copy of the credit card agreement that we requested). Should we expect that they will provide that to us before there is a hearing?

No. You cannot engage in discovery and still compel arbitration.  If you push discovery then you are participating in the litigation process and waiving the right to arbitration.

 

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Thank you so much Clydesmom

On 6/29/2020 at 9:44 PM, Clydesmom said:

Was she sued in Justice Court?  If so, then you have to get permission from the court to do discovery which is what requesting any evidence including the card agreement is.  The second problem is the courts are well aware there is no signed card agreement.  The original would have been mailed to you with the card.  You do not need the Plaintiff to provide you with this.  You only need to go to the archives at the CFPB and pull the one for your card that was the last year active when the default on the account happened.  So if she defaulted in 2017 and the last updated card agreement was 2016 that is the one needed.

If that is the route you want to go then you now need to file a motion to compel arbitration per the terms of the card agreement.  Otherwise you will be forced in to the court mandated mediation at big expense to you that the Justice Courts are now pushing to clear the dockets.

No. You cannot engage in discovery and still compel arbitration.  If you push discovery then you are participating in the litigation process and waiving the right to arbitration.

 

Thank you so much for your response, Clydesmom. The suit was filed in District Court in Texas. I'm not sure if that is the same as Justice Court where you are from.

Based on your recommendation, I did not pursue the contract agreement with the debt collector for fear of forfeiting the opportunity to take this to Arbitration.  I did submit a Demand For Arbitration with JAMS.  Then I submitted to the court  copy of Credit Card Agreement (found online), a copy the JAMS Demand for Arbitration ( Which was sent to Plaintiff and to JAMS Office in Dallas), Proof of Service (for Demand for Arbitration), a signed Motion to Compel Arbitration,  and  an Order to Compel Arbitration (with case information filled in for ease of use ).

NOW, I have 2 days to figure out how to respond to the Debt Collector's Discovery Request (Request for Production, Request for Admissions, and First Set of Interrogatories). I'm worried that we might say something incorrectly and lose the Arbitration option. Do you have any insight as to the best way to go about that (and still maintain our focus on Arbitration)?

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We are getting closer to having this Second Round Sub collection case behind us. Our JAMS Demand for Arbitration was accepted and Second Round Sub, LLC (and Rausch and Sturm) has been contacted multiple times already for the payment of the FULL amount of the deposit, $1750 ($1500 plus our $250). 

Two weeks ago, I had a 20 minute phone call with one of Second Round Sub’s (or Rausch and Sturm’s) debt collection telemarketers. Near the end of the call this person had said that they would agree to settle the lawsuit, but was not forthcoming with any particular type of settlement. So I just laid all my cards out on the table mentioning that they have the lawsuit  against my Wife and that the demand for arbitration has already been accepted with JAMS (and that they were just waiting to receive the $1,750 deposit from them to move forward). I said that I’m not sure where we go from here, but that II would like to settle for a dismissal with prejudice for $0. At this point, of course, she said that she could not authorize that, and it was at this point that our call abruptly ended.


It has been roughly two weeks since that call, and I just received an email from a different Rausch and Sturm attorney representing Second Round Sub who has said that, “Second Round would like to enter a mutual release, which should resolve the pending lawsuit with a dismissal”. I'm not sure what to expect, but I am definitely hoping to see those two beautiful words "with prejudice" included in this proposal.

Fingers Crossed.
 

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