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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