Too late for arbitration?

[ioalot]

Being sued by Amex legal for a corp amex card for 11k.

Answered the summons and told judge I needed more info on this account, amex legal sent a load of statements from day one as well as all card member agreements. About a week later, they are filing for summary judgement, court date is the 28th.

Really need to drag this out if possible, is it too late to motion to compel arbitration or even get an adjurnment for a few months, say to speak to a bk atty?

Thanks

[Coltfan1972]

All depends on how the arbitration clause reads. What does it say exactly. Some say at anytime even if a court case has started, you can do arbitration. If it does not say that then you are probably too late. However, you would just have to see how the courts rule on what is considered being in default of the arbitration agreement.