Robby8900

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Robby8900 last won the day on March 9 2020

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  1. Post a copy of the complaint with your personal information redacted.
  2. “If you do not reject this agreement to arbitrate, you GIVE UP YOUR RIGHT TO GO TO COURT and controversies or disputes between us will be resolved by a NEUTRAL ARBITRATOR INSTEAD OF A JUDGE OR JURY”... I believe that covers a judge in small claims court too. All the more reason to MTD on the basis of not rejecting the arb clause.
  3. Here is a copy of a Credit One Bank arb clause. it says: “This agreement to arbitrate provides that you or we can require controversies or disputes between us to be resolved by BINDING ARBITRATION. You have the right to REJECT this agreement to arbitrate by using the procedure explained below”... “If you do not reject this agreement to arbitrate, you GIVE UP YOUR RIGHT TO GO TO COURT and controversies or disputes between us will be resolved by a NEUTRAL ARBITRATOR INSTEAD OF A JUDGE OR JURY”... That being said, if this specific clause is in your agreement then they can't even sue you in small claims because if, you did not reject the arb clause then you waive the right to go to court. if it were me personally and this was the proper clause i would file a dismissal.
  4. Here is the case where summary judgment was filed, if you read it sounds like plaintiff, has a win. She filed objection and then the plaintiff, dismissed its own case. Motion for Summary Judgment_LVNV Redacted.pdf Defendants Objection to Plaintiff's Motion for Summary Judment_Redacted.pdf Dismissal - Redacted.pdf
  5. https://www.paypal.com/us/webapps/mpp/ua/useragreement-full#s6-agreement-arbitrate Agreement to Arbitrate: You and PayPal agree that any claim or dispute at law or equity that has arisen or may arise between us will be resolved in accordance with the Agreement to Arbitrate provisions set forth below. Please read this information carefully. Among other things it: 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...
  6. Many on this site would oppose taking an approach to dismiss in stead of MTC. However, if you did not reject the arb clause then PRA cannot sue you in court period. My friend was a dip shyt and never filed the dismissal nor did he answer the complaint so they got a default judgement on him. That said, another lady on this site did file an objection to a summary judgement using the argument that she did not reject the arb clause and the plaintiff, dismissed their own case.
  7. PayPal arbitration clauses state if you do not reject the arbitration provision within so many days then "all" disputes in reference to or related to the account shall be resolved by binding arbitration and 'not' by a court. that is the provision of the agreement i would personally use to get the case dismissed if it were me.
  8. 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.
  9. when you assert arbitration as affirmative defence, maybe PRA will vol dismiss there own case.
  10. Looks like you should do an answer first.
  11. 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;
  12. 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.
  13. Some defenses can be by motion under 12(B) such as lack of subject matter jurisdiction, correct?
  14. 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