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Quick question before 3 today...County Clerk says my filing of MTC, as not a "answer" to the petition TEXAS


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Just a little help to confirm correct procedure (clerk office closing early today due to Holidays)  Monday is official deadline at 10

Suit filed in County Court in Texas 

OC Discover (goal to settle) as I know they will follow per my 40 hours of readying and learning here

SOL up in December (several coming down after me at once)

Prepared MTC for arbitration as my response-answer- to their suit.  

Presented it to county clerk to file and they did date state and accept things.....but clerk stated where is my "answer" to the petition.

I stated that the MTC is my answer....and she looked at me funny....and stated she could not give legal advice...but I need to read my petition suit again and do EXACTLY

what it says I need to do within the time limit.

NOTE:  from my reading and learning for Texas....if I participate in discovery etc...I could loose the right to compel arbitration. ??

 

Petition states:  You are hereby commanded to appear by filing a written answer to the Original Petition of Plantiff...on or before....etc etc.

Please see below

Questions.....what to respond as my "answer" they say I should have???   Help.  

I had to leave court, run home to get your advice as to what I should do.

  

pic 1 discover.jpg

pic 2 discover.jpg

pic 3 discover.jpg

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To clarify...I had to leave the court house....I was not in court.    Also noted, that others have filed in the the Justice Court in my town where I live.   Discover filed in the County Court.  Unclear on reason for that or if that is worse or better.... (wished Citi would have done that)

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1 hour ago, texasbbj said:

Prepared MTC for arbitration as my response-answer- to their suit.  

Presented it to county clerk to file and they did date state and accept things.....but clerk stated where is my "answer" to the petition.

The clerk is correct.  You must file an actual answer to the suit.  The MTC is an entirely separate motion.  You can file both at the same time but they cannot be combined.

1 hour ago, texasbbj said:

NOTE:  from my reading and learning for Texas....if I participate in discovery etc...I could loose the right to compel arbitration. ?

Answering the suit and filing the MTC are not discovery.

1 hour ago, texasbbj said:

Also noted, that others have filed in the the Justice Court in my town where I live.   Discover filed in the County Court.  Unclear on reason for that or if that is worse or better.... (wished Citi would have done that)

Justice Court requires permission from the court to do discovery.  Some Justices do not grant this.  Also, District Court is formal and follows all the rules of civil procedure which can be very over whelming for pro-se defendants.

1 hour ago, texasbbj said:

Questions.....what to respond as my "answer" they say I should have???

There really are only 2 defenses to a lawsuit by an original creditor:  identity theft and the SOL being expired neither of which applies to you.  I would answer with a general denial and lack of subject matter jurisdiction Defendant has elected private contractual arbitration per the terms of the terms and conditions for the account alleged in the complaint.

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2 hours ago, Clydesmom said:

There really are only 2 defenses to a lawsuit by an original creditor:  identity theft and the SOL being expired neither of which applies to you.  I would answer with a general denial and lack of subject matter jurisdiction Defendant has elected private contractual arbitration per the terms of the terms and conditions for the account alleged in the complaint.

Thank you!.  I did come back, found a general denial, typed it up and took that back and had it date stamped by the court.

Hopefully I can get settlement talk going with them as it appears that is the best approach at this time.

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2 hours ago, alwayswinning36 said:

When you say county court, you mean JP Court right? Whatever county, JP #whichever?

Nope. The jpeg of the papers they were served with indicates Texas 192 rules which means District/County court.  Zwicker is starting to use the state level to avoid having to get permission for discovery and to force pro-se defendants to have to follow ALL the rules.  

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4 hours ago, texasbbj said:

Hopefully I can get settlement talk going with them as it appears that is the best approach at this time.

Given there really are not any defenses to an OC suit yes, settlement is often the best approach.  There are windows in which you have greater negotiating power.  Research threads on Discover and arbitration and you will learn what they are.

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@texasbbj@Clydesmom

Discover Bank doesnt exist in Texas, or at least isn't registered as Discover Bank with the Texas Secretary of State. This COULD mean they can't assert any claims or do anything other than defend themselves if they are sued in Texas. I am not sure about this, though. I do know I once was going to sue someone not registered in this state and was told they couldn't assert any claims or do anything other than defend themselves if I sued them. I did just check with SOS direct in Texas, Discover Bank pulls up nothing. Says "there are no records that match your inquiry."

Also, it says they won't try to force arbitration if YOU file in small claims but doesn't say anything about them filing anywhere against you. That seems one sided. Some states would throw their case out simply for having the word "bank" in their name, when they don't operate a banking location or branch in said state. So something you might want to ask an attorney about.

Under the Governing Law of Discover agreement it states: "This Agreement is governed by applicable federal law and by Delaware law. However, in the event you default and we file a lawsuit to recover funds loaned to you, the statute of limitations of the state where the lawsuit is filed will apply, without regard to that state’s conflicts of laws principles or its “borrowing statute.”

If you are able you should really contact an attorney @texasbbj, at least for a simple consultation. Preferably one in the area you reside or are being sued.

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22 hours ago, alwayswinning36 said:

So is there no arbitration agreement that limits court to only small claims?

No but it doesn't matter.  Discover doesn't care about the costs of arbitration and will follow all the way through to the end including appeals.  They are second in tenacity only to AMEX if not equal to them.  I recall at least one previous thread where Discover got ticked off at the consumer who started arbitration and refused all settlement offers.

22 hours ago, alwayswinning36 said:

Discover Bank doesnt exist in Texas, or at least isn't registered as Discover Bank with the Texas Secretary of State. This COULD mean they can't assert any claims or do anything other than defend themselves if they are sued in Texas. I am not sure about this, though.

They very much do exist and are registered in Texas.  My guess is your search isn't using the same terms as how they are registered.  They sue in TX all the time.  In fact they are quiet aggressive about it.

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15 hours ago, Clydesmom said:

 

They very much do exist and are registered in Texas. 

Then what is the legal name they are registered under? Discover Bank, yields nothing with the Texas Secretary of State directory. If they were registered, using the name Discover Bank, it would yield the result and display the address as well as the registered agent. In this case it does not.

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