Carlos28

Midland Credit Management placed account with Pressler, Felt, & Warshaw

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5 hours ago, Carlos28 said:

If they demand that I file in JAMS do I have to pay JAMS?

They won't demand anything from you directly.  If they sue you, and you elect arbitration, they may argue to the court that your MTC should be denied because you didn't initiate arbitration with JAMS.  The problem with this argument is it would be silly for you to initiate arbitration with JAMS before you even know if the court will grant your MTC.  Again, it would be an error of law for the court to deny your MTC, but a court that is going to deny a MTC isn't going to know it's committing an error of law.

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They sued and I filed an answer so they sent me a letter to initiate arbitration. I sent them that letter back to stating that it was their responsibility to file arbitration as per the card agreement. Yesterday, I got a letter that they want the judge to strike my answer. Is this normal?

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1 hour ago, Carlos28 said:

They sued and I filed an answer so they sent me a letter to initiate arbitration. I sent them that letter back to stating that it was their responsibility to file arbitration as per the card agreement. Yesterday, I got a letter that they want the judge to strike my answer. Is this normal?

Yes. You fell in to the trap of splitting hairs over who files. You could have easily started the process once they agreed to your demand and the bills still go to them. Instead you played around and gave them a foundation to show the court you weren't serious. 

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Should I send the court a copy of the credit card agreement?

"If a party files a lawsuit in court asserting claim(s) that are subject to arbitration and the other party files a motion with the court to compel arbitration, which is granted, it will be the responsibility of the party asserting the claim(s) to commence the arbitration proceeding."

This is exactly what it says int he card agreement. 

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On 7/22/2020 at 1:39 PM, Carlos28 said:
 
 

Should I send the court a copy of the credit card agreement?

"If a party files a lawsuit in court asserting claim(s) that are subject to arbitration and the other party files a motion with the court to compel arbitration, which is granted, it will be the responsibility of the party asserting the claim(s) to commence the arbitration proceeding."

This is exactly what it says int he card agreement. 

What is the best way to respond?

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