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Mediation after Notice of Intent to Dismiss

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I was sued in January 2019 by Rausch Sturm in Texas on behalf of Crown Asset Management.  The amount was for a little over 14K and it was not past the SOL.

I foolishly signed an agreed judgement to pay the amount in full over the course of 5 years but they never filed the judgement with the court or any other motion.  Last month the court issued a notice of intent to dismiss but instead of dismissal the judge ordered mediation.

They've been cashing my checks every months for the past 19 months except for this one.  What would be my best course of action here?  Should I contact the mediation center as ordered to schedule an appointment?

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Do you have a copy of the signed agreement? If so, for this month's check, fill out an affidavit that you wrote and mailed the check and then inform the court that the case was settled and that you have kept to the agreement for the past 19 months.

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Thanks WhoCares!  I have a copy of the agreement (not the signed version unfortunately) and proof of all 19 previous payments in the form of cancelled checks and records from their website.  I'm assuming I should probably contact the mediation center next week as well?

Would it be proper to file for dismissal at this point also?  The agreement says "Plaintiff agrees not to execute or abstract the Judgement, or otherwise pursue post-judgement collection remedies so long as Defendant complies with the above payment terms."

 

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So a quick update...I called the mediation center who reached out to the judge for me with the information about the agreement.  The judge said I still needed to schedule a mediation and if the initiating party does not show up or contact it my obligation to reach out to the court and let them know that.

I can't think of any reason this mediation needs to occur except to cost both parties money.

Rausch Sturm still has not cashed my check from August.  I plan on sending in September's payment when it's due and going to mediation sometime in October via zoom.  At this point I'm thinking it's unlikely they show up for it but who knows.

There was an arbitration clause in the original contract with the OC.  Can I assume it's much too late to pursue that road since I already signed an agreed judgement?

 

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This keeps getting better.  I saw on the county's website this morning that they filed for default judgement six days ago.  As far as I know they still have not reached out to the mediator for scheduling, I requested the mediation to take place October 1.

Is there a motion I should file to oppose this along considering mediation was already ordered?  I assume I need to get a copy of the order and letter that was referenced on the website first? 

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So this is bizarre and frustrating.  The judge granted a default judgement against me despite the JDB not contacting the mediator.  The county clerk could only suggest that I contact the JDB attorney and ask what happened, alternatively I could contact the DA's office and ask them for details.    

Would it be proper to file a motion to vacate the judgement here?  Any help is appreciated.

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In Texas it is proper to file a Motion to Set Aside a default judgement.  I need to file this by Wednesday and I am planning on filing the following as my defense:

 In 2019 when the case was originally opened I contacted the plaintiff and they offered an agreed 
judgement.  Unfortunately, I was mistakenly under the belief that an answer was no longer 
required for my case.  The agreed judgement stipulated that the plaintiff would never file said 
judgement so long as monthly payments were made on the alleged debt.  Monthly payments 
have been made as agreed, however I noticed the last check (mailed on 08/14/2020) was never 
cashed.  A notice of intent to dismiss was issued on 07/20/2020.  The Hon. Judge ____ issued
an order for mediation 1 month later at the drop docket. I contacted the mediator as ordered 
and attempted to setup a mediation date, however the plaintiff did not contact the mediator 
and instead filed for default judgement.  

All previous 19 payments were made via personal check and the plaintiff cashed each check. 
As the 20th payment was mailed on 8/14/2020 in the exact manner as all previous payments,
It is suspected that the plaintiff received the check but did not cash it with the intent to file for 
a default judgement.  The underlying contract in this case contains a private arbitration clause.  
If the plaintiff refuses to honor the agreed judgement the defendant will choose to exercise 
said clause and file a motion to compel arbitration.

Could this be considered a meritorious defense?

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