Portfolio Recovery Lawsuit

[Gerardo]

Hello, 

I filled a motion to compel private arbitration on a lawsuit that I got served from Portfolio Recovery. The judge set a pre-trail hearing "DEFENDANT'S MOTION TO COMPEL ARBITRATION AND TO STAY PROCEEDINGS PEDING ARBITRATIO" on July 29th. What should I do now? How can I win this case? can someone help me? I need to appear for the hearing right how do I prepared myself? what should I do if they do not appear? or are they not required to attend? Thank you 

[BackFromTheDebt]

You need to provide a lot more information. 
 

But, based on what little information you provided, you need to be able to convince the judge in the hearing that there is an applicable arbitration agreement.  Hopefully you already did this with your motion. 
 

If you did everything correctly in your motion, just be prepared to summarize what you said in your motion and to answer any arguments the plaintiff made in any response, if they made any.  

[Brotherskeeper]

@Gerardo Did you read Fisthardcheese's pinned thread on arbitration? If not, where did you get the information required to draft your motion to compel arbitration? 

Did you submit a copy of the agreement/contract that contains the arbitration clause with your motion? Where did you obtain the copy? 

[Gerardo]

@Brotherskeeper yes, that is how I drafted the MTC. I did submit the agreement which I got from the Consumer Financial Protection Bureau. However, they filed the same agreement highlighting a limitation of the Arbitration Clause- "Individual Claims filled in Small Claims Court are not subject for arbitration, as long as the matter stays in small claims court" I did read this limitation however I decided to go for it since my cases says to be a Debt Claim case and I read that they are different from a small claim case. I do not if I am correct or not. This case is in the Justice of the Peace court. 

Is the Judge going to denied Arbitration because of that or what should I do? what would it happen if he does deny it? Thank you for your input

[Bulldoger]

@texasrocker can explain the situation with Texas and small claims court. 

[texasrocker]

13 hours ago, Bulldoger said:

@texasrocker can explain the situation with Texas and small claims court. 

Yes simply put, Small claims courts were abolished in Texas in 2013 so it is therefore impossible for any case to be filed in a small claims court in Texas since they no longer exist. 

You can find where I explained how to defend it last month here-  https://www.creditinfocenter.com/community/topic/329436-arbitration-overview-and-strategy-2018-most-up-to-date-info/page/10/#comments (scroll way down; my comments are closer to the bottom of the page)

 

[Gerardo]

@texasrocker I just had the hearing and the judge denied the motion since the agreement had that limitation of the "small claim courts" I made my argument like you said it but I guess I could convince her. She said that since they put it within the same it still applies. So, now I don't know what to do I don't have money to hire a lawyer and I guess they asked for a 60 day something when the judge ask them if they wanted a to schedule a trial. What should I do now?

[texasrocker]

4 hours ago, Gerardo said:

@texasrocker I just had the hearing and the judge denied the motion since the agreement had that limitation of the "small claim courts" I made my argument like you said it but I guess I could convince her. She said that since they put it within the same it still applies. So, now I don't know what to do I don't have money to hire a lawyer and I guess they asked for a 60 day something when the judge ask them if they wanted a to schedule a trial. What should I do now?

You haven't mentioned anything about the details of the case. 

What is the amount?  What law firm is it?  They actually showed up?