not going down

Summons Served / JDB / Arbitration Affirm. Defense ???

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1. Who is the named plaintiff in the suit?  Portfolio Rec. Assoc.  (JDB)

2. What is the name of the law firm handling the suit?  Brumbaugh & Quandahl (Omaha, NE)

3. How much are you being sued for?   $12,000.00 ++

4. Who is the original creditor?   US BANK N.A.

5. How do you know you are being sued?   Summons ,  Sherriff , Hand to hand.

6. How were you served? ,     In person,

7. Was the service legal as required by your state?   Yes

Process Service Requirements by State - Summons Complaint

8. What was your correspondence (if any) with the people suing you before you think you were being sued?  none

9. What state and county do you live in?  Nebraska , Burt Cnty.

10. When is the last time you paid on this account?   10 / 2009 , Nebr 4 yr.  .S.O.L

11. What is the SOL on the debt? To find out:  Nebr 4 yr.  .S.O.L

 

Question: In preparing my answer , I want to include Arbitration and Award as an Affirmative Defense.

US Bank has an Arbitration Clause in the Agreement , and it looks pretty good "Jams"...

 

Leaning towards arbitration to dispute this debt , Rather than defend myself in District Court...

 

I have until July 26 , 2013 to submit my Answer , The Plaintiff will fire off Discovery as soon as the answer is filed , thus making my chances of Electing Arbitration slim to none...  Any and all replies greatly appreciated...

 

Thanks

Not Going Down

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Read your rules of civil procedure.

In my state, the affirmative defenses you are able to use are clearly defined.

The existence of an arbitration clause is one of them.

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You elect arbitration as your answer to plaintiffs complaint.

http://www.creditinfocenter.com/community/topic/314030-the-strategy-and-steps-of-arbitration/ read this

 

 

MOTION TO COMPEL PRIVATE CONTRACTUAL ARBITRATION AND DISMISS PLAINTIFF'S CLAIM OR IN THE ALTERNATIVE, TO STAY PROCEEDINGS PENDING ARBITRATION

COMES NOW Defendant NGD appearing Pro Se for his Motion to Compel Private Contractual Arbitration with US bank and as grounds thereto states the following:

1. That on or about July 13, 2013, Plaintiff filed its Complaint against Defendant.

2. Defendant moves this court to compel binding Private Contractual Arbitration with Jams based on the terms and conditions of the US Bank Credit Card Agreement

(see Exhibit A, attached). <----------------- This is your credit agreement

3. The parties are bound by the US Bank Credit Card Agreement. The Arbitration Agreement states among other things:

 

(a) AGREEMENT TO ARBITRATE. IF A DISPUTE ARISES BETWEEN YOU AND US, EITHER MAY CHOOSE TO RESOLVE THE DISPUTE BY BINDING ARBITRATION,AS DESCRIBED BELOW, INSTEAD OF IN COURT.

 

( b )THIS INCLUDES CLAIMS AND DISPUTES RELATING TO ANY OTHER ACCOUNT OR AGREEMENT YOU HAVE OR HAD WITH US.THIS MEANS IF EITHER YOU OR WE CHOOSE ARBITRATION,NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL.

 

( c ) YOU OR WE MAY ELECT ARBITRATION UNDER THIS ARBITRATION
PROVISION WITH RESPECT TO ANY CLAIM, EVEN IF THE CLAIM IS PART OF A LAWSUIT BROUGHT IN COURT. YOU OR WE MAY MAKE A MOTION OR REQUEST IN COURT TO COMPEL PRIVATE ARBITRATION OF ANY CLAIM BROUGHT AS PART OF ANY LAWSUIT.

(d) CLAIM MEANS ANY CLAIM, CONTROVERSY OR DISPUTE OF ANY KIND OR NATURE BETWEEN YOU AND US.

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Racecar is right ......... if your state's civil procedure allows a motion in lieu of an answer.

And if you have a cardmember agreement.

 

Edit: ......... I see you do have one.

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Savoir

 

County , District and Supreme Court...

In outlying communities, follow  "Fed Rules Of Civil Procedure".... in Nebraska...

 

Looking into this now...

 

Federal rules of Civil Procedure Rule 8

Arbitration and Award....

 

 

Thanks

Not Going Down

Edited by not going down
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racecar

 

Thanks for posting this ....  It will be a great Help .....

 

Question:  If I add "Arbitration and Award" as an affirmative defense , I'm not tipping my hand to the other side.....   Shooting myself in the foot....

                 Afraid if I don't add it in the Answer , I might not be able to pull it out later ....  "Catch 22 Here".....

 

What are your thoughts....

Thanks

Not Going Down

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