Portfolio Recovery suing in small claims over synchrony - can I still request arbitration?

[indiana gal]

Portfolio Recovery has sued me in small claims for $973.  Can I still request arbitration?  Not sure I have any other defense.  They have provided a year of statements which judge has accepted. I am on short time limit because I was given 7 days to respond with further comments since I did not receive attorneys evidence before trial.

[BV80]

37 minutes ago, indiana gal said:

Portfolio Recovery has sued me in small claims for $973.  Can I still request arbitration?  Not sure I have any other defense.  They have provided a year of statements which judge has accepted. I am on short time limit because I was given 7 days to respond with further comments since I did not receive attorneys evidence before trial.

Who is the original creditor?   Did you request discovery?

[indiana gal]

Amazon card through synchrony bank.  I argued that they did not have a signed contract by me showing that the debt is mine.  Judge said credit cards are done online these days and there are no signed agreements anymore.  He stated since the statements had gone to a few addresses that were mine and that he had one years worth of statements, he could conclude it was my debt.  I don't know what discovery is.

[indiana gal]

My comments are due today.  Just want to  know if I should bother submitting motion to compel arbitration?

[BV80]

49 minutes ago, indiana gal said:

My comments are due today.  Just want to  know if I should bother submitting motion to compel arbitration?

It doesn’t hurt to give it a try. 

[indiana gal]

Thankfully the judge accepted my motion to compel arbitration and gave me 60 days to file arbitration.  My credit card agreement from Amazon Synchrony gives the option to file with AAA or JAMS.  Is there a better one to go with??  The attorney for PRA filed a response to the judge and kept mentioning AAA in it for some reason.  But, per the card agreement, it is my choice who to choose.  Any thoughts on whether to go with AAA or JAMS?

 

[admin]

@indiana gal According to this:  https://www.creditinfocenter.com/legal/credit-card-arbitration.shtml, JAMS is better as it is more costly for the creditor.  

[indiana gal]

Thank you,  I had a feeling the PRA attorney kept referencing AAA because he did not want me to go with JAMS and was hoping I would think I had to use AAA.

[nobk4me]

Go with JAMS.  There was a case that turned out very badly for the consumer (@catlady22) with PRA in AAA.  She not only lost the case, and was thus found liable for the debt, but the arbitrator found her claims to be frivolous and awarded PRA the arb fees, to be paid by her.  Their insistence for AAA in your case makes me wonder if PRA has some kind of illicit relationship going on with them.  Maybe they have a deal with corrupt arbitrators there?  Just speculation, of course, but that case has to make you suspicious.