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FL summons from lawyer/Amex Centurion Bank


PAULA
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I owe $10,800.00 to Amex for a year now and the other day I received a Summons/ Complaint from a law firm representing Amex. I am supposed to give an answer within 20 days. I live in FL. Please advise as I am still in shock. I believe from what I read throughout those forums that I have to send a letter of Election of Arbitration then file MTC and other documents needed.

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Your next step will be to file an ANSWER  to the Complaint. You will have 20 days or time as indicated from the date shown as receipt of summons. Look up the Florida Rules for Civil Procedure for more specific's on the local requirements. You might be able to file a motion to compel private arbitration depending on the Florida rules. A (MTC) Motion to Compel is usually part of the discovery process where you need help getting documents from the Plaintiff and are requesting sanctions or dismissal from the Court for non-compliance to your previous requests for documents or admissions.

 

Do a Google search for "Answer Template + Florida Credit Card Law Suit" and you should be able to find several examples and suggestions to follow.

 

HP

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IN THE DISTRICT COURT OF MY COUNTY FLORIDA

 

American Express
Plaintiff

 

vs.

 

Defendant Name
Defendant

 

Case Number

 

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

 

COMES NOW the Defendant my name appearing Pro Se for its Motion to Compel Private Contractual Arbitration with American Express and as grounds thereto states the following:

 

1. That on or about November 12, 2013, Plaintiff filed its Complaint against Defendant.

 

2. Defendant moves this court to compel binding Private Arbitration with Jams based on the terms and conditions of the American Express Credit Card Agreement (see Exhibit A, attached).

 

3. The parties are bound by the American Express Credit Card Agreement.

 

The Arbitration Agreement states among other things:

 

(a) YOU AND WE AGREE THAT EITHER YOU OR WE MAY, AT EITHER PARTY SOLE ELECTION REQUIRE THAT ANY CLAIM BE RESOLVED BY BINDING PRIVATE ARBITRATION.

 

( b ) IF YOU OR WE ELECT PRIVATE ARBITRATION OF A CLAIM,NEITHER YOU NOR WE WILL HAVE THE RIGHT TO PURSUE THAT CLAIM IN COURT OR BEFORE A JUDGE OR JURY.

 

( 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.

 

(e) THIS ARBITRATION PROVISION IS MADE PURSUANT TO A TRANSACTION INVOLVING INTERSTATE COMMERCE AND SHALL BE GOVERNED BY AND ENFORCEABLE UNDER THE FEDERAL ARBITRATION ACT.

 

4. The Federal Arbitration Act (FAA) 9 USC Section 1-2 provides: A written provision in any maritime transaction or a contract evidencing a transaction involving commerce to settle by arbitration, a controversy thereafter arising out of such contract or transaction or the refusal to perform the whole or any part thereof or an agreement in writing to submit to arbitration an existing controversy arising out of such contract transaction, or refusal, shall be valid, irrevocable and enforceable, save upon such grounds as exist at law or in equity for the revocation of any contract.

 

5. The Supreme Court Ruling, decided April 27, 2011, ATT MOBILITY LLC v. CONCEPCION ET U, states that courts must enforce arbitration agreements according to their terms. If there is an arbitration clause in the contract, that clause must be honored. "We have described this provision as reflecting both a liberal federal policy favoring arbitration,Moses H. Cone , supra, at 24, and the fundamental principle that arbitration is a matter of contract,Rent-A-Center, West, Inc. v. Jackson , 561 U. S. ____, ____ (2010 (slip op., at 3). In line with these principles, courts must place arbitration agreements on an equal footing with other contracts, Buckeye Check Cashing, Inc. v. Cardegna , 546 U. S. 440, 443 (2006) , and enforce them according to their terms, Volt Information Sciences, Inc. v. Board of Trustees of Leland Stanford Junior Univ. , 489 U. S. 468, 478 (1989) ." Furthermore, "The principal purposeof the FAA is to ensure that private arbitration agreements are enforced according to their terms. Volt , 489 U. S., at 478; see also Stolt-Nielsen S. A. v. Animal Feeds international Corp. , 559 U. S. ___, ___ (2010) (slip op., at 17). This purpose is readily apparent from the FAA text. Section 2 makes arbitration agreements valid, irrevocable, and enforceableas written (subject, of course, to the saving clause); requires courts to stay litigation of arbitral claims pending arbitration of those claims in accordance with the terms of the agreement; and requires courts to compel arbitration in accordance with the terms of the agreement upon the motion of either party to the agreement . "

 

6. The Defendant elects arbitration with jams to settle this dispute.

 

WHEREFORE, Defendant moves this Honorable Court to compel private contractual arbitration with American Express pursuant to the Cardmember Agreement and to dismiss Plaintiffs complaint due to Lack of Subject Matter Jurisdiction or in the alternative, to stay proceedings pending contractual arbitration.

 

Respectfully Submitted this day 11/12/2013

my name
Defendant

http://www.jamsadr.com/

http://www.consumerfinance.gov/credit-cards/agreements/search/?q=american+express credit agreement

 

American Express credit agreement (4) copies 1 for you 1 for the court 2 for the plaintiff
you need to send a letter electing arbitration to both the attorney and the creditor.
Send US Mail Certified Return Receipt Requested and send with a Certificate of Service.

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Ok, I am back. I sent the election letters already and I am ready to file my MTC + affidavit + cert of service (many many thanks to Linda7!!!!!). I called the court and they said I need to include my request for hearing in the motion. I don't know if that is correct or not, I thought I just have to do it verbally when I go to file....I am a little desperate as I need to file today....

I am calling the court to find out again how do you request a hearing date when you file.

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  • 4 weeks later...

Hey everybody, I am half way there!!!!! Thank you all. The court ordered that I am to initiate arbitration within 30 days now. I don't know how specific I should be, but I only have a week left. I have all papers ready as Linda advised me (thank you, Linda), but a couple of questions on the JAMS demand: I did not put the address for the lawyer on the original one that I sent to lawyer and court because I was asking for info from them... So my question is - can I submit the demand form like that or I can fill out the lawyer's address in caps by hand? Please help! Am I too much?

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