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Question About Arbitration


piggy
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Summons from Portfolio for GE Bank $1200. This is in the SOL so those options are out. I am in NY State.

 

I need to answer in 20 days and am on day 9 now so I want to hopefully head down tomorrow with an answer and also send the letter to the JDB to ask for arbitration.

 

My question is for now do I just answer stating I'm asking for arbitration or do I need to get the actual Motion To Compel in by the end of the 20 days?

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Guest usctrojanalum

JDB you do not need to use the arbitration angle.  Answer the summons and complaint and take it to trial.  Your argument is going to be that they are not in possession of the necessary documents and witnesses to prosecute the action.  They need a witness from the OC to establish the origination of the account (they will not have or get one).

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I went through the arbitration thread and I sent the letter off to the JDB today. I typed up an answer according to that thread and I'm working on the MTC. I'm not sure if I should wait to file the MTC if they don't respond to my answer or just do it now. I'm working my way through the RCP for NY State but I'm thinking answering at least that I want arbitration forces them to answer me.

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