digdeep Posted December 15, 2020 Report Share Posted December 15, 2020 I'm on kind of a short leash, but I'll try and hit the "high points"... JDB Plaintiff, Cavalry SPV I, LLC and through their attorneys, filed 2 small claims complaints on 02/20/2020 for CitiCards they acquired for amounts of $3,097 and $7,266 respectively. I went through my arguments in small claims and Plaintiff was awarded Judgement(s). I effectively anticipated this and, as is allowed in WI, I timely filed a demand for trial, which elevates this to Circuit Court to be heard by a Judge as opposed to a Commissioner. This drug out with the COVID thing, but no biggie. Prior to the hearing I filed a MTC Arb in both of the cases. At the hearing, the attorney requested the hearing be rescheduled in order to allow him time to respond to the motion. He had until 12/04/20 to file and I was given until 12/18/20 to respond to this. I never received the Plaintiff's response and kind of lost track of time. However, I checked online records and they did file a response, along with an Affidavit of Mailing. I went to the courthouse today and got the response, but now I have limited time to respond. First, aside from the standard rambling and gobbledegook, the crux of the argument is that the agreement I provided doesn't allow arbitration if the action remains in small claims court. I don't necessarily dispute this based upon reading the agreement and posts on this board. However, I'm wondering a couple things and seeking anyone who may have encountered this before, as my research time has been extremely limited. First, has anyone encountered a CITI situation where being in small claims was overcome and arbitration granted? Second, has anyone encountered this same situation where they argued moving the case to Circuit Court removes the small claims clause? Thanks for all your help! Quote Link to comment Share on other sites More sharing options...
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