So I filed my Answer and a MTC. I cited and attached the CardMember's agreement in my filing
The lawyer responded with a Motion to Strike as follows:
PLAINTIFF’S MOTION TO STRIKE THE DEFENDANT’S
MOTION TO COMPEL ARBITRATION
COMES NOW, the Plaintiff, by and through its undersigned attorneys and hereby files this
it_’s Motion to Strike Defendant's Motion to Compel Arbitration and as grounds therefore would
Show the Court as follows:
Plaintiff filed a one count complaint for Account Stated. In response, the Defendant filed a
Motion to Compel Private Arbitration. In support of the Defendant’s motion, the Defendant
highlights only a portion of the Arbitration provision but omits other pertinent information. More
specifically, the arbitration provision specifically states:
Alternatively, you and we may pursue a Claim within the
jurisdiction of the Justice of the Peace Court in Delaware, or the
equivalent court in your home jurisdiction, provided that the action
remains in that court, is made on behalf of or against you only and
is not made part of a class action, private attorney general action or
other representative or collective action.
The Justice of the Peace Court in Delaware is an entry level court with jurisdiction up to
$15,000.00. Therefore this court is the jurisdiction equivalent and the case should remain in this
Therefore, arbitration is not mandatory and should not be compelled as Barclays chose to
pursue a claim within the correct jurisdictional court as stated above.
WHEREFORE, Plaintiff respectfully requests that this Honorable Court grant Plaintiff’s
Motion to Strike Defendant's Motion to Compel Arbitration.
Any thoughts? @BV80, @NormInGeorgia @Clydesmom... anyone?
Thank you 🙏🏽
Thanks you BrothersKeeper, I have been reading so many threads here I have lost count.
I am writing it right now and will post as soon as I'm done.
I' m looking to challenge 1. Jurisdiction and force arbitration 2. Standing
QUESTION: Do I have to print out the entire Credit One Bank contract or just the arbitration clause?