Noreturn

Notification letter demanding arbitration

Recommended Posts

Sorry if my question is a repeat but I can't find what I am looking for. 

I need help with my letter notifying / demanding arbitration with Unifund. 

What should be included in the letter?

If I understand correctly I send it prior to mtc hearing?

Anyone have a template? 

Thanks for the help...uncharted waters

 

Share this post


Link to post
Share on other sites

It says " if you commence arbitration you must provide us notice required by the administrators rules".

I thought I read something about notice should be served by the rules of a summons. 

It also says if I ask, they will pay anything over what the costs are to file in small claims. Can this request be made within the notice?

Share this post


Link to post
Share on other sites
10 hours ago, Noreturn said:

It says " if you commence arbitration you must provide us notice required by the administrators rules".

I thought I read something about notice should be served by the rules of a summons. 

It also says if I ask, they will pay anything over what the costs are to file in small claims. Can this request be made within the notice?

The wording is quite vague.  An MTC would almost certainly be considered sufficient notice with this wording,

There is no harm in sending advance notice to the other side, either before or along with an MTC.  If you do so, a demand (not a request) for costs may be included.  

Share this post


Link to post
Share on other sites
2 hours ago, BackFromTheDebt said:
 

The wording is quite vague.  An MTC would almost certainly be considered sufficient notice with this wording,

There is no harm in sending advance notice to the other side, either before or along with an MTC.  If you do so, a demand (not a request) for costs may be included.  

This is what I am stuck on: Idaho law, the case is pending magistrate court. First pretrial hearing end of month

 

7-916. Applications to court. Except as otherwise provided, an application to the court under this act shall be by motion and shall be heard in the manner and upon the notice provided by law or rule of court for the making and hearing of motions. Unless the parties have agreed otherwise, notice of an initial application for an order shall be served in the manner provided by law for the service of a summons in an action.

I have to serve a summons????

Share this post


Link to post
Share on other sites
43 minutes ago, Noreturn said:

This is what I am stuck on: Idaho law, the case is pending magistrate court. First pretrial hearing end of month

 

7-916. Applications to court. Except as otherwise provided, an application to the court under this act shall be by motion and shall be heard in the manner and upon the notice provided by law or rule of court for the making and hearing of motions. Unless the parties have agreed otherwise, notice of an initial application for an order shall be served in the manner provided by law for the service of a summons in an action.

I have to serve a summons????

No, it means the original complaint uses a summons.

 

An MTC requires a motion.

 

You don't need to send anything other than an MTC. In the MTC, you can move that the court order the plaintiff to pay $xxx of your fees according to the contract.  

 

Filing an MTC appears to be sufficient notice under the arbitration agreement.  

Share this post


Link to post
Share on other sites
6 hours ago, BackFromTheDebt said:

No, it means the original complaint uses a summons.

 

An MTC requires a motion.

 

You don't need to send anything other than an MTC. In the MTC, you can move that the court order the plaintiff to pay $xxx of your fees according to the contract.  

 

Filing an MTC appears to be sufficient notice under the arbitration agreement.  

Beautiful, looks like I am all ready to try this arbitration strategy out then. Appreciate your help! 

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.