THELEGEND Posted April 16, 2019 Report Share Posted April 16, 2019 guys im getting paper work ready. Almost finished arbitration motion. Im still wondering about answering the complaint. In Alabama a motion can be filed instead of answer but i was wondering if i need to do it anyway. They state i owe a certain amount and im afraid if i dont counter that with a denial of that amount i might get stuck later. I had several billing disputes with card company while i had it. They would raise my amount,at one time by 1k or more, and i didnt use it. They would take it off and later do it again. So i told them to cram it and now im here. so i really dont know if thats correct amount or not. Thats what they have on last bill but still doesnt mean it correct. What you guys think? Quote Link to comment Share on other sites More sharing options...
WhoCares1000 Posted April 16, 2019 Report Share Posted April 16, 2019 You can file both a motion and an answer. In the answer, deny everything except your name and address and for affirmative defense, state lack of jurisdiction due to arbitration clause. Quote Link to comment Share on other sites More sharing options...
THELEGEND Posted April 16, 2019 Author Report Share Posted April 16, 2019 18 minutes ago, WhoCares1000 said: You can file both a motion and an answer. In the answer, deny everything except your name and address and for affirmative defense, state lack of jurisdiction due to arbitration clause. I read somewhere that if you deny the debt then judge can deny motion. Like if you dont own the debt how can you file a motion. Little confused on that one. Quote Link to comment Share on other sites More sharing options...
Harry Seaward Posted April 17, 2019 Report Share Posted April 17, 2019 2 hours ago, THELEGEND said: Like if you dont own the debt how can you file a motion. Arbitration only works if you are a party to an arbitration agreement. If you deny ever having an account with ABC Bank, if true, that means you can't be a party to the agreement. The way around this is to deny owing plaintiff specifically. Quote Link to comment Share on other sites More sharing options...
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