BV1 Posted May 29, 2019 Report Share Posted May 29, 2019 Hi, I am being sue by PORTFOLIO RECOVERY ASSOCIATES and i went and and submitted a general denial. I was a bit of a coward to continue on with arbitration intially and didnt file MTC to even start it. i regained my balls and want to continue on to start arbitration but am i too late to do so? the case is currently set to trial. Quote Link to comment Share on other sites More sharing options...
BackFromTheDebt Posted May 30, 2019 Report Share Posted May 30, 2019 Maybe. What state? In jurisdictions you have already waived your rights to arbitration just by answering the complaint In others you can file an MTC on the day of the trial. Different judges will rule differently in the same jurisdiction. All you can do is file an MTC and see what happens. It can’t be any worse than not filing at all. Quote Link to comment Share on other sites More sharing options...
Robby8900 Posted May 30, 2019 Report Share Posted May 30, 2019 Do you have a copy of the "Agreement" that contains the arb clause that you can share. Some arb clause state that you can file a MTC at anytime before trial. Stop the court from ruling on the merits of the claim usng this new SC case. HENRY SCHEIN, INC. v. ARCHER & WHITE SALES, INC; Jan 2019. https://www.supremecourt.gov/opinions/18pdf/17-1272_7l48.pdf Quote Link to comment Share on other sites More sharing options...
BV1 Posted May 30, 2019 Author Report Share Posted May 30, 2019 Thank you for answering, My case is being held in los angeles superior court, california. attached is the agreement page 4 and 5 speak of arbitration. AmazonCreditCard.pdf Quote Link to comment Share on other sites More sharing options...
BackFromTheDebt Posted May 30, 2019 Report Share Posted May 30, 2019 Basically it says they will not require arbitration, but you can file a MTC. They should pay your fees if a MTC is granted The only question is whether you waived your rights to arbitration by involving yourself in the case. That is for the judge to decide. If you file an MTC, the judge will either grant it or not grant it. You miss 100% of the shots you don’t take. 1 Quote Link to comment Share on other sites More sharing options...
Robby8900 Posted May 30, 2019 Report Share Posted May 30, 2019 THIS SECTION WILL APPLY TO YOUR ACCOUNT, AND MOST DISPUTES BETWEEN YOU AND US WILL BE SUBJECT TO INDIVIDUAL ARBITRATION. THIS MEANS THAT: (1) NEITHER A COURT NOR A JURY WILL RESOLVE ANY SUCH DISPUTE; #3 ... However, any dispute or argument that concerns the validity or enforceability of the Agreement as a whole is for the arbitrator, not a court, to decide. • How to start an arbitration, and the arbitration process 1. The party who wants to arbitrate must notify the other party in writing. This notice can be given after the beginning of a lawsuit or in papers filed in the lawsuit\. The Supreme Court case i shared will cover both merits of claim and arbitral questions. 1 Quote Link to comment Share on other sites More sharing options...
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