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I thought I had read it was before trial but couldn't find that today. @paigep77 I would suggest you read the arbitration thread tells how to file a MTC, It takes work but not as much work as learning all the rules of evidence in AR. Do it quickly before they file a MSJ and you can use your MTC as defense against their MSJ. This is a good outline for how to file in AR. http://www.qgtlaw.com/wp-content/uploads/2019/09/Compelling-Staying-Arbitration-in-Arkansas-THW.pdf Also read this post. -
@Bulldogger's document shoes that you can request arbitration any time up until the trial has started. See #4. Discovery by definition is before a trial? -
If you had it as a defense then it shouldn't be to late, what is the title of the court date? is it a status, hearing, or trial date ? Regardless file the MTC ASAP. I just reread the post and you got served in March 2021 so it may just be a status date as case has not really moved in a year.
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The Paypal agreeement states you can file motion to compel arbitration in court. It does not specify when it's to late to do so that is decided on case law you search and provide with motion. It will help your motion if you could find AR case law that expressly allowed arbitration after discovery. You need to attach copy of agreement with the MTC I provided a link to the file that has agreement in earlier post.
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I was sued on a PayPal Credit Card by a JDB. The accounts #s did not match either and since it was all online I didn't even know what my account number was or that account even had one. It's common when accounts get charge-off they get a different number, or if you file complaint of a false charge account get's different number. So it's routine that account numbers don't match and that you wouldn't recognize them. IMO smart not to request records from JDB as you don't want to force them to fill the hole they have in the case. They are required to file any business records with an affidavit two weeks before trial date at latest. I assume the same is true for motions for summary judgements. At minimum they need to file a Bill of Sale, an final account statement and an affidavit from JDB's record's keeper. Usually that is done in original summons. You object to these documents when they file a MSJ (in writing before hearing on motion) or when they set trial date you object to affidavit and request they provide the signer as a witness.
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