Question on the Citibank exclusion for "individual claims filed in small claims court" on cc agreement

[texasbbj 1]

Citbank Home Depot filed suit for $2500 in local Justice Court, small town Justice of Peace in Texas.  I have filed my basic reply. JDB Midland.  

I am wanting to revise my answer with a Motion To Compel Arbitration and was successful with a prior suit with Synchrony JDB being dismissed with the arbitration motion.

But...on this CC agreement, I find the exclusion if filed in small claims court.

Is there a workaround on this??  Do I take a chance and file the motion anyway??  It states specifically thru out many other paragraphs, I have the right to elect arbitration no matter what so

it gets somewhat confusing, yes I have the right, no I dont have the right.

Can I go ahead and just file arbitration??   I have 30 days to my court date and would greatly appreciate direction.

I am still reading and trying to find my answer, but nothing specific found as of yet.

 

Thanks in advance

[BackFromTheDebt 243]

It depends.  In some states, what seems to be the equivalent of small claims court isn't, and in other states it is.  I am just trying to keep this thread alive to see if @texasrocker or any of the other Texas experts know if the JP courts in Texas are considered small claims.  

[texasrocker 451]

2 hours ago, BackFromTheDebt said:

It depends.  In some states, what seems to be the equivalent of small claims court isn't, and in other states it is.  I am just trying to keep this thread alive to see if @texasrocker or any of the other Texas experts know if the JP courts in Texas are considered small claims.  

No they are not.  Small claims courts were abolished in 2013.

[BackFromTheDebt 243]

1 hour ago, texasrocker said:

No they are not.  Small claims courts were abolished in 2013.

There you have it.  
 

Go ahead and file the MTC.  

[texasbbj 1]

Ok.  Thanks to all!  I will do so today.

Somewhat nervous as another thread from late last year, shows denial on the MTC in a small Texas Justice Court.

 

[BackFromTheDebt 243]

43 minutes ago, texasbbj said:

Ok.  Thanks to all!  I will do so today.

Somewhat nervous as another thread from late last year, shows denial on the MTC in a small Texas Justice Court.

 

There are a certain number of judges, magistrates and JPs who essentially do

whatever they feel like doing regardless of the law.  

[WhoCares1000 768]

2 hours ago, BackFromTheDebt said:

There are a certain number of judges, magistrates and JPs who essentially do

whatever they feel like doing regardless of the law.  

Or the judges have never seen the law regarding arbitration because no one has asked for it in their courtroom before. Remember that those who answer and put demand private arbitration are in a very small minority and some judges may not see it.

[alwayswinning36 13]

On 11/18/2020 at 3:19 PM, texasbbj said:

Citbank Home Depot filed suit for $2500 in local Justice Court, small town Justice of Peace in Texas.  I have filed my basic reply. JDB Midland.  

I am wanting to revise my answer with a Motion To Compel Arbitration and was successful with a prior suit with Synchrony JDB being dismissed with the arbitration motion.

But...on this CC agreement, I find the exclusion if filed in small claims court.

Is there a workaround on this??  Do I take a chance and file the motion anyway??  It states specifically thru out many other paragraphs, I have the right to elect arbitration no matter what so

it gets somewhat confusing, yes I have the right, no I dont have the right.

Can I go ahead and just file arbitration??   I have 30 days to my court date and would greatly appreciate direction.

I am still reading and trying to find my answer, but nothing specific found as of yet.

 

Thanks in advance

Does the exception you are referring to say small claims, or small claims or equivalent? I had a similar issue. I filed a MTC, that was never even ruled on. But I am not sure if it was my filing the MTC that made the JDB dismiss, or the threat of counter claims against them for FDCPA violations that made them fold. I never got the pleasure of finding out.

[texasbbj 1]

This is from the cc agreement.

What about Claims filed in Small Claims Court? Claims filed
in a small claims court are not subject to arbitration, so long
as the matter remains in such court and advances only an
individual (non-class, non-representative) Claim.

[alwayswinning36 13]

On 11/23/2020 at 9:24 AM, texasbbj said:

This is from the cc agreement.

What about Claims filed in Small Claims Court? Claims filed
in a small claims court are not subject to arbitration, so long
as the matter remains in such court and advances only an
individual (non-class, non-representative) Claim.

Try your luck and see is all I can say really. The judge would likely say that justice court and small claims are the same thing. Doesn't mean he is correct, and doesn't mean I am, either. I would not be sure honestly. You could probably ask an attorney that simple question on the phone for free, though.