Won MTA in Court against PRA...

[Michelle777888]

Portfolio Recovery Associates filed a claim against me in small claims court against a Synchrony Bank/Pay Pal CC account on November of 2018. I filed an answer to their claim along with a lack of subject matter jurisdiction and requested to elect the private arbitration clause. When we got to court the attorney had no idea about the answer/motion (I kindly provided her a copy of the certified notice). The judge ruled in my favor and ordered that my motion to invoke Arbitration was granted. 

Per tbe Synchrony agreement, we had to use AAA. I filled out the forms, paid the $200 and got the ball rolling. They sent the PRA lawyers 3 requests for the payment for the case to proceed (which exceeds what I owe). The last date was 2/14. I got a notice today that says that they (AAA) are not moving forward with the case because PRA lawyers haven’t paid. 

My question is, what do I do now? Take a copy of all of the AAA paperwork and file it with the court to cover my a$$?

[Brotherskeeper]

36 minutes ago, Michelle777888 said:

The judge ruled in my favor and ordered that my motion to invoke Arbitration was granted. 

Well, first, congratulations! Did your motion to compel arbitration request a stay of the proceeding pending arbitration, or did the granted motion dismiss the case? 

[Michelle777888]

Thank you!  It says “The parties have 45 days to complete the process. If no arbitration is filed, this case shall be reset for pretrial conference.”

[Brotherskeeper]

@Michelle777888

I hope @fisthardcheese or @Harry Seaward will offer advice. IANAL (I am not a lawyer) and have no arb experience. It appears to me that you complied to the letter with the court's order and that PRA is both violating the court's order by not participating in the arb process within the 45 days ordered to complete it, and in default of the AAA rules and process. 

[Harry Seaward]

File with the court a motion to dismiss for lack of prosecution. PRA has no defense and I doubt they will respond. 

[NormInGeorgia]

Congratulations!!   File your motion with the court to "dismiss with prejudice" due to failure of the plaintiff to follow you into arbitration. Attach all your documentation from AAA showing that you initiated the arbitration and  AAA closed the arbitration case due to plaintiff failing to participate.  The court might schedule another hearing based on your motion.  If they do, make sure to attend the hearing and take all your documentation.   

[Michelle777888]

Thanks everyone!  I’ll file tomorrow!

[fisthardcheese]

I like filing a Motion for Sanctions and requesting a dismissal with prejudice plus your costs as part of the sanctions. It is a bit more "agressive", but shows the court that PRA is defying their order in this case and it should be taken seriously.  However, whatever motion to file, BE SURE TO ASK FOR YOUR COSTS in your prayer for relief.  Ask for dismissal WITH prejudice and for your costs, which will include the $200 paid to AAA.