timbuck2

Being sued by Second Round Sub, LLC in Texas

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1. Who is the named plaintiff in the suit?     Second Round LLC

2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint). Rausch, Sturm, Israel, Enerson & Hornik

3. How much are you being sued for?     $11,447.23

4. Who is the original creditor? (if not the Plaintiff)     Comenity Capital Bank / Toyota Rewards Visa

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

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

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

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

9. What state and county do you live in?     Texas, Harris Cty

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations)   10/11/2018

11. When did you open the account (looking to establish what card agreement may be applicable)? June 2009

 12. What is the SOL on the debt? To find out: It is not outside SOL

13. What is the status of your case? Suit served? Motions filed?   Order for Trial Setting 11/02/2020. Currently headed to Mediation. Prior to that: Answer, MOC Arbitration, Notarized Affidavit for CC Agreement

14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?)     No

15. Did you request debt validation before the suit was filed?      Yes

16. How long do you have to respond to the suit?    Already did, see above.

17. What evidence did they send with the summons?   Pretty much a desk full of everything related to that account. 

18.  How did you find out about this site? Google

 

My question is: do I wait for trial to argue on my Motion to Compel, or do I leave that for Mediation?  Or, can I open an Arbitration case with  JAMS/AAA before this and hold it over their head to drop the court case? 

Anywho, many thanks in advance!!

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Did I screw up not asking for MCA in my initial answer to the court, and that is why my case is being sent to mediation? Can my answer be amended; or what needs to be done to head this off from mediation?  

Many thanks in advance!!!

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7 hours ago, timbuck2 said:

Did I screw up not asking for MCA in my initial answer to the court, and that is why my case is being sent to mediation? Can my answer be amended; or what needs to be done to head this off from mediation?  

Many thanks in advance!!!

No.  Some courts have a policy that every case must go through their mediation process.  It has nothing to do with using contractual arbitration to win your case. 

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The Plaintiff asked and was granted an Order of Continuance by the court on October 10th; however, there was no stated date listed on the Order when the new trial date will be. The Plaintiff asked for at least 60 days. My original trial date was scheduled for Nov 5th.  

My questions are:

1) Is this normal for the Plaintiff to ask for this "delay"?  It doesn't look like the court is asking if I'm okay with it since there is nothing to answer to. I should probably call the court to verify. 

TIA

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***Update***

Okay, so the beginning of my trial started today via Zoom. They had me talk with the Plaintiff's attorney before seeing the judge. I told the attorney that I wouldn't budge on mediation and insisted that I needed the court to decide on my MTA.  

Their attorney went first, asking for more time to file more paperwork and hoped that I would agree to mediation. They claim that they couldn't find an arbiter because of a backlog due to Covid. 

I told the judge that I insisted on the Arbitration due to the CC agreement. 

The Judge said she would entertain the idea after we go to mediation first. She then granted the Continuance and set a new trial for March 1, 2021.

I doubt they looked into finding an arbiter, and she mentioned the cost involved in hiring one. Anyway, at least I bought myself some time, but my question is: should I go ahead and hire AAA or JAMS (or at least get the paperwork started) before mediation or wait until my trial for the Judge's decision? 

Many thanks in advance.

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Go for the mediation, refuse everything they will discuss there, they inform the court that you want a private arbitration per the CCA. Mediation will not stop you unless you guys reached an agreement during mediation. Typical, they will want you to agree to pay (monthly).

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Have you filed an actual Motion to Compel Arbitration?  If not, I would do that ASAP.   If they insist on mediation, I would just go and continue to deny that you owe anything and refuse to settle.  That will end the mediation and then the court can take up your motion.

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