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Robby8900 last won the day on March 9

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About Robby8900

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  1. Nice. But neither mention arbitration. The court lacks subject matter jurisdiction to render judgment on the merits due to the PayPal arbitration clause that is final binding arbitration, rather than in court. The account stated or other is subject to an arbitrator to decide in that forum (venue) not a judge in that forum (Court venue). The court could only hear the merits if you opted out and rejected the arb clause as required by the provision.
  2. when you assert arbitration as affirmative defence, maybe PRA will vol dismiss there own case.
  3. Looks like you should do an answer first.
  4. 91a.3 Time for Motion and Ruling. A motion to dismiss must be: (a) filed within 60 days after the first pleading containing the challenged cause of action is served on the movant;
  5. I understand your in Texas, for example here in Ohio Civ. R. 12(B) states: (B) How presented. Every defense, in law or fact, to a claim for relief in any pleading, whether a claim, counterclaim, cross-claim, or third-party claim, shall be asserted in the responsive pleading thereto if one is required, except that the following defenses may at the option of the pleader be made by motion: (1) lack of jurisdiction over the subject matter, (2) lack of jurisdiction over the person, (3) improper venue, (4) insufficiency of process, (5) insufficiency of service of process, (6) failure to state a claim upon which relief can be granted, (7) failure to join a party under Rule 19 or Rule 19.1. A motion making any of these defenses shall be made before pleading if a further pleading is permitted.
  6. Some defenses can be by motion under 12(B) such as lack of subject matter jurisdiction, correct?
  7. If a dismissal is denied the court would grant you the opportunity to file an answer. Short concise statements in fact to the point regarding the arb clause in fact, that you didn't reject it therefore waiving right to go to court. However, its up to you
  8. if it were me personally, i wouldn't put all that in, and would focus on dismissal over MTC because it clearly states if ya didnt reject arb then the clause to arbtrate is final and bindng rather in court. They should have filed arbitration instead of a lawsuit.
  9. if you did not opted out or reject the arbitration clause within 30 day of opening the account; here is the most important part of the clause to get it dismissed from court: You and PayPal each agree that any and all disputes or claims that have arisen or may arise between you and PayPal, including without limitation federal and state statutory claims, common law claims, and those based in contract, tort, fraud, misrepresentation or any other legal theory, shall be resolved exclusively through final and binding arbitration, rather than in court,
  10. That was a quoted line from the paypal written agreement the link above
  11. We offer two types of PayPal accounts: personal PayPal accounts and business PayPal accounts, both covered by this user agreement. Good to go with the arb clause in the above agreement.
  12. Did you open a business account?