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Served, returned, received plaintiffs BoP - too late for Arb?


brody445
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I'm currently in my answer period after receiving the plaintiffs BoP - JDB attempting to collect an alleged "Chace" debt. (the J P type...) Among other things in their BoP was a 5 page Chace cardmember agreement with "2009" hand written on it. It does have Arb language in it, although I haven't had a chance to read it closely yet. (did read it enough to see that the choices are NAF and AAA) My question, is it too late to consider Arb? Anyone know whether there are any specific factors to consider in Virgin-ia?

I don't want to get into the merits of their case, other than to say that I'm most concerned about venue and a fair shake from the bench. Va seems to have a number of ambiguous civil codes and virtually 0 case law clarifying it for these type situations. The code that is clear usually favors the plaintiff - almost ridiculously so... Seems like collections cases never make it out of court not of record (general district) and Va requires a "bond" (full amount of judgement) to be posted prior to an appeal to court of record. (circuit)

What happens to SoL while Arb is taking place if you go that route? If I understand correctly, if Arb cannot mediate an agreement, the case is moved to federal court? What is SoL there?

I just want to make sure I assess all my options.

Thanks!

Brody

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I don't know about Virginia law but I elected arb in Ohio after I answered the complaint and did some discovery. I filed an amended answer and cited I did not have a copy of the contract when I filed.

My agreement (another OC) said I could initiate arbitration any time until it reached trial. Does your say anything like that in the agreement? If it does you can use that language to petition the court to allow you to stay the lawsuit to allow private arbitration.

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You probably can file a motion to compel per the cardholder agreement...be sure you have the agreement as an exhibit to the motion...given the Supreme Court's recent decision in ATT v Concepcion, I can't think of a judge that would go against it...

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