LonnaT

Just a note of caution here. I'm not in Louisiana but PRA followed me into arb for an amount that's at least equal to the amount they have to pay in arb. Makes no sense to me but just want to put that out there.

I'm sorry to hear this worked out this way for you, but I really appreciate you taking the time to tell your story. I agree, when it comes to certain forums, it can seem pretty one-sided, but you're right--it's not as easy to get a win against JDBs these days. My only shot IS arbitration; if I didn't have that option, I wouldn't try and fight unless there were some clear violations on the JDB side. As it is, I was able to settle a couple of my accounts before it got to the lawsuit stage, which is fortunate because arb wasn't as easy of an option for those. Glad you're in a better place, too! And going in front of a judge isn't easy when it's not something you do every day, like these attorneys. I still feel it's better that you show up and at least try and fight, unlike the majority of people who get sued.

@SkyStillSunny I thought the agreement said AAA was the only option? I'm wondering how you'll be able to pursue through JAMS. I can't believe PRA is still going around and around with you over this amount, either. Thanks for keeping us updated. I'm keeping my fingers crossed that things work out in your favor! (I'm also waiting to see what [] is going to do in my case; currently, I'm waiting on a response to my settlement offer to drop their case/I drop my arb case because I know they're not going to pay the AAA fees.)

This was something I wasn't clear about but based on the caselaw that BV80 cited, as well as hearing that some people had their MTC denied because a judge thought they were maybe being evasive or "clever" by not filing an answer and only a MTC, I filed an answer WITH arbitration raised as an affirmative defense, along with a MTC. Had no trouble. BUT, the plaintiff's attorneys I've dealt with so far in my case don't sound like they know what day it is half the time, so I think I've been fortunate.

I don't know about email, but I've called their 800 number a couple of times and talked to someone helpful: 800-778-7879

Thanks for the update! I recently posted in my own thread that AAA actually emailed me about the fees they're asking ][] to pay. Based on the letter that AAA sent you and another poster here, I was extremely worried I'd get the same. I'm really sorry to hear about this but I'm hoping the folks who've been around for a while and know the ropes much better than I do can help you find a solution that works for you. Honestly, I think a lot of this can come down to the judge you get sometimes. Seems like you got a hardass, unfortunately. Hope you can maybe file JAMS...

Can you keep us updated on what happens, especially if you follow fist's advice above? I'm now worried the same could happen to me because I just filed an AAA case against []. Wonder if I'll have to go the JAMS route...

Not sure what county you're in. I was told that you don't have to file an answer in small claims and it seems most people don't. But I was already at the courthouse and the clerk checked with a supervisor and so they let me file it. My answer had the affirmative defense in it, and it cost me nothing to file an answer along with the MTC. I know there's been conflicting info about answering a suit in Florida, but the consensus seems to be you MUST raise arbitration in your affirmative defense; otherwise, you waive your right to it. See my post above and read fist's arbitration thread: In my county, you have to submit an answer no less than 5 days before the pretrial/mediation. It's up to your fiance, of course, but if he doesn't want to do all of this legwork, he might be able to hire a consumer attorney for around the amount he wants to settle for. At the very least, you may want to PM @LawKitty She's a Florida attorney.

@Boisvert Sent you a PM

Let me see if I can find it. From what I recall, it wasn't that bad. Edited: Here it is. OP's MTC was granted, despite that little hiccup. Edited further: Looks like it wasn't even the date that was the issue. But still, you want the right agreement since your affidavit is a sworn statement.

Well, the affidavit also shows you have the correct agreement because sometimes they change. I know one poster here had an agreement that was off by a month or so and the other side caught that. So you want to make sure you have the right one before having an affidavit for it; you definitely don't want to give the other side any leverage with wrong agreements. Now, I did have the other side say they were suing me on account stated, not contract breach, which was a worry for me (I've seen some cases where an MTC was denied because of that). I did have an argument for that (the agreement says "any and all disputes and claims are subject to arb and account stated isn't listed as an exception") but I didn't have to use it because the judge asked a question at that point and their atty must have gotten derailed because he didn't bring it up again.

Not sure about that last part. I think it sometimes has to do with the judge in your case because JDBs aren't going to have every single piece of evidence they need as proof, but they'll have just enough. For instance, with all the e-signing that happens now, few people have an actual signed contract anymore. The point of the affidavit is you saying that you're presenting a copy of the card agreement at the time of default and the arbitration provision in that agreement applies. Therefore, your MTC must be granted due to what it says in the agreement. Have some people had their MTC denied anyway? Yes, in which case they should appeal. And for your earlier question about being free and clear if you file an MTC and have it approved: just be prepared to argue for it. When I went to court, I was hoping to be one of the lucky ones to just show up and have the bailiff tell me my case was dismissed, lol. No such luck. I had to sit down with the judge and answer his (few) questions about why I wanted arb. This forum helped me prepare a great deal.

Why is that?

Citi is the original creditor, is that right? You're not being sued by a junk debt buyer? If so, that's different from the usual process outlined here pushing for arbitration. This is a link to Florida rules of civil procedure: https://www.floridabar.org/wp-content/uploads/2018/03/Civil-Procedure-Rules-Updated-3-8-18.pdf 20 days to answer includes calendar days, not just business days, so you have until 9/30 to answer. I don't know if there's a fill in the blank answer form, but I used this to help me format mine: https://www.floridalawhelp.org/node/325/filing-your-answer-complaint @LawKitty is a Florida attorney. You may want to message her if you're thinking of hiring a lawyer.

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