Arring

Sued by Midland in TN- Arbitration Exception Clause

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Hi All! I'm new to this site and new to being sued. I could definitely use some help! I've been reading over the threads and it seems that requesting arbitration is the way to go. Unfortunately, my credit card agreement states the following arbitration exception. Since the suit was filed in Small Claims (General Sessions) court, should I still request arbitration? Can I request to move the suit to a different court for the purpose of arbitration? I'll be grateful for any insight!

 

Agreement to Arbitrate: You and we agree that either you or we may, without the other’s consent, require that controversies or disputes between you and us (all of which are called “Claims”), be submitted to mandatory, binding arbitration. This agreement to arbitrate is made pursuant to a transaction involving interstate commerce, and shall be governed by, and enforceable under, the Federal Arbitration Act (the “FAA”), 9 U.S.C. §1 et seq., and (to the extent State law is applicable), the laws of the State of Nevada.
For purposes of this agreement to arbitrate, “you” includes you, any co-applicant, any Authorized User (including Additional Cardholders), or anyone else connected with you or claiming through you; and “we” or “us” includes Credit One Bank, N.A., all of its parents, subsidiaries, affiliates, successors, predecessors, employees, and related persons or entities, and all third parties who are regarded as agents or representatives of us in connection with the subject matter of the claim or dispute at issue.

Covered Claims: Claims subject to arbitration include, but are not limited to, any controversies or disputes arising from or relating in any way to your Account; any transactions involving your Account; any disclosures made to you concerning your Account; any interest, charges, or fees assessed on your Account; any service(s) or programs related to your Account; and, if permitted by the rules of the arbitration forum, any collection of debt related to your Account. Claims also include controversies or disputes arising from or relating in any way to advertising, solicitations, or any application for, approval of, or establishment of your Account. Claims subject to arbitration include any controversies or disputes based on any theory of law, whether contract, tort, statute, regulation, common law, or equity, or whether they seek legal or equitable remedies. All Claims are subject to
arbitration whether they arose in the past, may currently exist, or may arise in the future. Arbitration will apply even if your Account is closed, you pay us in full any outstanding debt you owe, or you file for bankruptcy. Also, controversies or disputes about the validity, enforceability, coverage, meaning, or scope of this agreement to arbitrate or any part thereof are subject to arbitration and are for the arbitrator to decide. Any questions about what Claims are subject to arbitration shall be resolved by interpreting this agreement to arbitrate in the broadest way the law will allow it to be enforced.
Claims Not Covered: Claims (whether brought initially or by counter or cross-claim) are not subject to arbitration if they are filed by you or us in a small claims court, so long as the case remains in such court and only individual claims for relief are advanced in the case.

 

CURRENT SUIT DETAILS:

1. Who is the named plaintiff in the suit?

Midland Credit Management, Inc

2. What is the name of the law firm handling the suit?

Finkelstein Kern Stinberg & Cunningham, P.C. 

3. How much are you being sued for?

$1100 + post-judgement interest and costs

4. Who is the original creditor? (If not the Plaintiff)

Credit One Bank

5. How do you know you are being sued? (You were served, right?)

Served

6. How were you served? (Mail, In person, Notice on door, etc.)

In person

7. Was the service legal as required by your state?

??

8. What was your correspondence (if any) with the people suing you before you think you were being sued?

None

9. What state and county do you live in?

Shelby County, TN

10. When is the last time you paid on this account? (Looking to establish if you are outside SOL)

02/2016

11. When did you open the account (Looking to establish what card agreement may be applicable)

02/2018

12. What is the SOL on the debt?

6 years

13. What is the status of your case? Suit served? Motions filed?

Served nine days ago. 

14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?)

No

15. Did you request debt validation before the suit was filed?

No

16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits.

An Affidavit from Midland's legal specialist 

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