treblclef20

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About treblclef20

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  1. As soon as I filed the original answer, I was given a hearing date. The judge was assigned days before the hearing date.
  2. I realize there are a lot of cases outlined here that can be researched for reference. I have read through all of them thoroughly, and still found it hard to determine which things applied in my case, particularly because I had to amend my answer. So, just in case it's useful for anyone, here is the latest update -- particularly as related to handling the amendment of the answer: My husband appeared at the pre-trial hearing and simply told the judge verbally that he'd like to amend his answer and also that he will be pursuing arbitration. The judge adjourned the case to
  3. @Brotherskeeper thanks for being so responsive. From what I can tell, it seems to be civil court, not small claims. So, from what you are saying, not only do I not need to tell the plaintiff, but it seem like I don't even need to submit paperwork to the AAA yet. It seems like I could go to the pre-trial hearing with the defense that this is outside the court's jurisdiction and belongs in arbitration. If the judge agrees and dismisses, then could I just wait for the plaintiff to decide to move arbitration forward first? Or do I need to show the judge that I intend to move this to arbitrat
  4. Got it, thanks. Here's the agreement for reference. I'll be sending a letter overnighted to them in advance of the date to ensure I have at least notified them of that intent, to your point.
  5. Update: I've discovered that I can just submit an "amended answer" to the court. I am past the normal deadline to do so, but a judge can decide to accept the updated answer. So I will submit the update tomorrow, and when I go to the pre-trial hearing later this week will let the judge know that I submitted it at this time having just learned about the arbitration clause in my CC agreement. I'll then overnight mail to the plaintiff's attorney: the amended answer + a letter stating intent to arbitrate. That way, at least I will have done those things before the court date and can stat
  6. @Brotherskeeper Thank you; appreciate your sharing your thinking on this in any case. In response to a consideration you raised about how plaintiff can be compelled to arbitrate -- doesn't the CC agreement say that any dispute should be arbitrated? So by bringing this to court first, aren't they actually not following what was in our agreement? (Even if I don't give them notice, which I will try to do in any case.) Or is arbitration simply a right? i.e. I can request arbitration if I see fit, and so can they; but it's not a requirement.
  7. @Brotherskeeper thanks so much. I have been reading the other NY threads but having a hard time sorting what is relevant to me here. I don't think I have enough time now to get a letter to the plaintiff about intent to arbitrate ahead of the court date and will probably need to file a motion to amend an answer. Since the court date is just in a few days, do I just bring the motion to court on that day? Or would I need to come in and file ahead of the court date (like on Monday)?
  8. Thank you so much! So, if I am reading this correctly, rule A doesn't work for me, because I filed the first answer more than 20 days ago. Does rule B just mean that basically I go to court and tell the judge there that I want to file an amended answer, and the judge just has to accept that for it to move ahead?
  9. Does anyone know how I can find the rules for filing an updated answer in NYC civil court? i.e. whether I need special permission, or can just go ahead and submit a new one in-person? I can't seem to find a thing on this online. The court appearance is later next week. I have a few biz days still where I could go in and update it before the court date, but I don't know if that's true (if there's a cut off date or something similar.)
  10. They have not responded yet, but I believe they still technically have a few more days to do so. I asked for the following: The fully executed credit agreement and all amendments. The entire history of payments, and all statements sent to the account holder. All documents relating to proof of mailing of statements. All documents relating to any dispute concerning the validity of the alleged debt. All documents relating to cancellation or termi
  11. Thank you- so I could actually state all of these at once? I may need court permission to file the amended answer, but if I do, I will just state that I've only just learned of the clause in the cc agreement.
  12. When I look it up online is says civil case, rather than small claims, so I believe I am OK? I just thought that the amount of the suit might be an issue?
  13. Is there anyone who has any thoughts on this at all? I have only until Monday to file an updated answer now, if I would like to. Any help is super appreciated.
  14. Does anyone have thoughts on this one particular item in the cc agreement? Can i still try for arbitration? Thank you
  15. Here's the whole limitations section: Arbitration limits • Individual Claims filed in a small claims court are not subject to arbitration, as long as the matter stays in small claims court. • We won’t initiate arbitration to collect a debt from you unless you choose to arbitrate or assert a Claim against us. If you assert a Claim against us, we can choose to arbitrate, including actions to collect a debt from you. You may arbitrate on an individual basis Claims brought against you, including Claims to collect a debt.