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@BrotherskeeperThey attached the Bill of Sale,A Spreadsheet of my account, 2 Statements, and the Card agreement that is identical to the one above in the thread.

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55 minutes ago, MikeB35 said:
 

@BrotherskeeperThey attached the Bill of Sale,A Spreadsheet of my account, 2 Statements, and the Card agreement that is identical to the one above in the thread.

IANAL. If plaintiff attached and referred to the card agreement in the Complaint, I don't believe it's necessary for you file an affidavit attesting to this fact. You can just refer to Plaintiff's Exhibit D (or whatever they used) or the Dell Cardmember Agreement attached to Plaintiff's Complaint that Plaintiff asserts governs the subject account. 

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Oversight on my part, good point, thank you!

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@MikeB35 IANAL. See my suggestions below.

AFFIRMATIVE DEFENSES

 

 Lack of Subject Matter Jurisdiction – Defendant states that the Plaintiff has provided the Defendant with a copy of the Credit Card Agreement in question (See Plaintiff’s Exhibit C). The underlying contract contains a private arbitration clause which the Defendant has elected to exercise. This agreement clearly states the arbitration clause binding both parties, and also takes away both parties litigation rights if elected by either party. Therefore, This Court does not have jurisdiction to hear this matter. Defendant has notified Plaintiff's attorney of his election to arbitrate pursuant to the terms of said agreement and has filed a motion to compel arbitration with the court. Defendant reserves the right to amend and/or add additional Answers, Defenses and/or Counterclaims at a later date.

 

Lack of Subject Matter Jurisdiction – Attached to Plaintiff's Complaint as Exhibit C is a copy of a "DELL PREFERRED ACCOUNT CREDIT AGREEMENT" (the "Agreement") that Plaintiff asserts governs the subject account. This Agreement contains a private arbitration clause to resolve any account claim or dispute, which Defendant has elected to exercise. (Pl.'s Ex. C, page x.) The Agreement clearly states the arbitration clause is binding on both parties, and takes away both parties litigation rights if elected by either party. Therefore, this Court does not have jurisdiction to hear this matter. Defendant has notified Plaintiff's attorney of his election to arbitrate pursuant to the terms of the Agreement, a true and correct copy of Defendant's notice of election of arbitration is attached as Defendant's Exhibit A. Defendant has filed a motion to compel arbitration with this Court. Defendant reserves the right to amend and/or add additional Answers, Defenses and/or Counterclaims at a later date.

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Your changes to the opening sounds a lot more professional and outlines the agreement better then I had worded it. Thank you for the suggestions, this is exactly the reason why I'm taking my time and posting for proofreading. Your amazing!

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