sheli1974usa

Requested Arbitration and was Served Anyway.

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Hi all,

Can someone please help me out a bit.

In August, I was sent papers from an attorney requesting payment.

I replied with a DV letter and requested that should we need to, I elect arbitration with JAMS per my cardholder agreement.

A few weeks later, in the mail they sent me 3 months of CC statements.

Tonight I was served with a Summons from my Superior Court, how should I proceed?

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If arbitration is what you want, you need to answer the lawsuit and make sure you elect arbitration. Also if its a JDB look at RCW19.16.270 I beleive, you must object to the assignment of debt or it will be presumed valid.

Also prepare your MTC arbitration and learn the rules for Superior Court

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You can "elect" arbitration all you want.

Ultimately, however, you have no "right" to arbitration until a judge rules (1) that a valid arbitration agreement exists, and (2) that the parties are bound by it.

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Even if there is an arbitration clause in my agreement?

Yes, now that the suit is filed you will need to Motion to Compel arbitration.

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Even if there is an arbitration clause in my agreement?

What proof do you have that you have a valid agreement? Other side may argue there isn't one.

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I have a copy of Discovers agreement that says we can arbitrate. I will give it a shot and file

This may be a dumb question but I'm learning.

I am reading and reading. I think my state is a summons now file later state. In my summon it says I can demand the plaintiff file suit if I want and I have 20 days to respond with my dispute. If this isn't technically filed yet, do I reply to the courts or the attorney

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See Linda7 for arbitration. She has all the agreements and info. All these creditors try to wesel out of their own agreements because they don't want to pay arbitrators 500 per hour. Too bad.

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