Question on MTC

[gusto]

My MTC is titled "MOTION TO COMPEL PRIVATE CONTRACTUAL ARBITRATION AND STAY THE PROCEEDINGS" and I was wondering what a stay, if granted, would mean in this case?

Is it basically putting the case on hold until arbitration is finished? From what I understand electing arbitration waives everyone's rights to proceed in court.

[skippy1960]

A Stay being granted simply means that until arbitration is completed the court no longer controls legal jurisdiction over the case.

So the granting of the stay will mean, the private arbitration forum will decide the outcome of the claims and disputes and make a ruling, unless settlement is reached prior to decision.

Once this is completed, you and plaintiff will return to court for final disposition of the case. If you win in arb, you will go back to court and confirm judgement, if you loose in arb they will go back and confirm judgement, if there is settlement reached one party will file notice of settlement with court and case is concluded.

[lheart]

A stay is easier to get than a dismissal. Some have successfully gotten a dismissal from court, but usually it is without prejudice. A way you can take a stab at both is to ask for a "Motion to Compel Private Arbitration, Motion for Dismissal or in alternative Motion to Stay".

Because of the way may state laws are written to mirror the Federal, the laws sometimes use the words "must stay" vs any reference to dismissal (this is true in my jurisdiction).

But once the case is stayed in some respects it is worse for the collector than a dismissal, because they cannot just pass the debt on to someone else without dealing with the court case, by dismissing themselves, proceeding to arbitration and the fees associated with it, or negotiate a settlement with you.