How to request Arbitration in response to a summons from Cap one?

[bluejeans]

OK folks we have only a few days before deadline to respond...

PLEASE tell me how to request arbitration in Washington State?

I need the exact form and as much specifics as possible.

[RebelLady]

Check your Rules of Civil Procedure/Rules of Court Rule 8...below:

RULE 8

© Affirmative Defenses. In pleading to a preceding pleading, a party shall set forth affirmatively accord and satisfaction, arbitration and award, assumption of risk, contributory negligence, discharge in bankruptcy, duress, estoppel, failure of consideration, fault of a nonparty, fraud, illegality, injury by fellow servant, laches, license, payment, release, res judicata, statute of frauds, statute of limitation, waiver, and any other matter constituting an avoidance or affirmative defense. When a party has mistakenly designated a defense as a counterclaim or a counterclaim as a defense, the court on terms, if justice so requires, shall treat the pleading as if there had been a proper designation.

Check your Rules of Court for the proper formatting for your answers to the complaint. Usually you simply number your answers according to the numbers listed on the complaint and answer them one at a time. Affirm the obvious ones (name, address). Then just use general denials (you can find lots of them on this site) on the rest.

Then list your affirmative defenses. The existence of an arbitration clause can be used as an affirmative defense which leads to the 'court's lack of jurisdiction over the subject matter'.

Make sure your cc agreement doesn't have a Small Claims Court exemption and that you're being sued in Small Claims Court. If there is a Small Claims Court exemption and the OC/JDB is suing you in Small Claims Court, you cannot exercise arbitration.

RL

Edited October 25, 2010 by RebelLady

[bluejeans]

Check your Rules of Civil Procedure/Rules of Court Rule 8...below:

RULE 8

© Affirmative Defenses. In pleading to a preceding pleading, a party shall set forth affirmatively accord and satisfaction, arbitration and award, assumption of risk, contributory negligence, discharge in bankruptcy, duress, estoppel, failure of consideration, fault of a nonparty, fraud, illegality, injury by fellow servant, laches, license, payment, release, res judicata, statute of frauds, statute of limitation, waiver, and any other matter constituting an avoidance or affirmative defense. When a party has mistakenly designated a defense as a counterclaim or a counterclaim as a defense, the court on terms, if justice so requires, shall treat the pleading as if there had been a proper designation.

Check your Rules of Court for the proper formatting for your answers to the complaint. Usually you simply number your answers according to the numbers listed on the complaint and answer them one at a time. Affirm the obvious ones (name, address). Then just use general denials (you can find lots of them on this site) on the rest.

Then list your affirmative defenses. The existence of an arbitration clause can be used as an affirmative defense which leads to the 'court's lack of jurisdiction over the subject matter'.

Make sure your cc agreement doesn't have a Small Claims Court exemption and that you're being sued in Small Claims Court. If there is a Small Claims Court exemption and the OC/JDB is suing you in Small Claims Court, you cannot exercise arbitration.

RL

I need some sample responses to summons. Is that what it is called?

[admin]

I need some sample responses to summons. Is that what it is called?

There are plenty on this board. I would take a stab at putting something together and then asking for critiques.

[RebelLady]

Just use the court lacking jurisdiction and the existence of an arbitration clause calling for pre-dispute, contractual arbitration and pick up several of the others you can find in lots and lots of places on this board.

What you are doing now is the easy part so study and learn early and often. Its not really brain surgery but does require lots and lots of reading and studying. Especially of the formatting required for your particular state court.

You need to know and understand what and how your court wants to see the answers. Since all states and all cases are different, no one here can really tell you that. You'll just have to do your research and go from there.

RL