Mtrx13 Posted March 12, 2021 Report Share Posted March 12, 2021 I got served 2 weeks ago, I am sending the response letter today. They are claiming I entered into an installment loan with bestegg and owes the sum of 10,385. They give the last 4 of an account number, state the account was charged off april 15 2018 and are sueing for breach of contract. Last payment was made sometime 2017 and Alabama has a 6 year SOL. They provide zero documentation but from what I understand it is not required. Here is my letter. CIRCUIT COURT OF ________________, ALABAMA CASE NO: 000000000000 Resolutions llc Plaintiff, vs. John Doe Defendant DEFENDANT’S ANSWER TO PLAINTIFF’S COMPLAINT AND MOTION TO COMPEL PRIVATE/ CONTRACTUAL ARBITRATION AND TO STAY PROCEEDINGS PENDING ARBITRATION NOW COMES Defendant, appearing Pro Se for its Motion to Compel Private Contractual Arbitration and as grounds thereto states the following: 1. That on or about February 22, 2021, Plaintiff filed its Complaint against Defendant. 2. That on February 28, 2021, Defendant was served complaint 3. Defendant denies all allegations as set forth in Plaintiff's complaint. 4. Defendant moves this court to compel binding Private Arbitration based on the terms and conditions of the Loan Agreement 5. The parties are bound by the Loan Agreement. The Arbitration Agreement states among other things: (a) YOU AND WE AGREE THAT EITHER YOU OR WE MAY, AT EITHER PARTY’S SOLE ELECTION REQUIRE THAT ANY CLAIM BE RESOLVED BY BINDING PRIVATE ARBITRATION. (b) IF YOU OR WE ELECT PRIVATE ARBITRATION OF A CLAIM, NEITHER YOU NOR WE WILL HAVE THE RIGHT TO PURSUE THAT CLAIM IN COURT OR BEFORE A JUDGE OR JURY. (c) YOU OR WE MAY ELECT ARBITRATION UNDER THIS ARBITRATION PROVISION WITH RESPECT TO ANY CLAIM, EVEN IF THE CLAIM IS PART OF A LAWSUIT BROUGHT IN COURT. YOU OR WE MAY MAKE A MOTION OR REQUEST IN COURT TO COMPEL PRIVATE ARBITRATION OF ANY CLAIM BROUGHT AS PART OF ANY LAWSUIT (d) CLAIM MEANS ANY CLAIM, CONTROVERSY OR DISPUTE OF ANY KIND OR NATURE BETWEEN YOU AND US. (e) THIS ARBITRATION PROVISION IS MADE PURSUANT TO A TRANSACTION INVOLVING INTERSTATE COMMERCE AND SHALL BE GOVERNED BY AND ENFORCEABLE UNDER THE FEDERAL ARBITRATION ACT. 6. In Alabama as well as under federal law, the use of arbitration agreements is generally favored by the courts. See Seifert v. U.S. Home Corp., 750 So.2d 633, 636 (Fla.1999). As a threshold procedural matter, the Federal Arbitration Act (FAA) applies to agreements evidencing a transaction involving interstate commerce. See Acton CATV, Inc. v. Wildwood Partners, Ltd., 508 So. 2d 1274 (Fla. 5th DCA 1987); Williams v. Hardy, 468 So. 2d 429 (Fla. 5th DCA 1985); Donmoor, Inc. v. Sturtevant, 449 So. 2d 869, 870 (Fla. 5th DCA 1984). A contract between a Florida resident and a foreign corporation is an agreement evidencing a transaction involving interstate commerce. See Gilman & Ciocig, Inc. v. Wetherald, 855 So. 2d 900,904-905, (Fla. 4th DCA 2004). "Congress declared a national policy favoring arbitration and withdrew the power of the states to require a judicial forum for the resolution of claims which the contracting parties agreed to resolve by arbitration." Shotts v. OP Winter Haven, Inc., 86 So. 3d 456, 462 (Fla. 2011) (quoting Southland Corp. v. Keating, 465 U.S. 1, 10, 104 S.Ct. 852, 79 L.Ed.2d 1 (1984)). 7. The Federal Arbitration Act (FAA) 9 USC, Section 1-2 provides: “A written provision in any maritime transaction or a contract evidencing a transaction involving commerce to settle by arbitration a controversy thereafter arising out of such contract or transaction or the refusal to perform the whole or any part thereof or an agreement in writing to submit to arbitration an existing controversy arising out of such contract, transaction, or refusal, shall be valid, irrevocable and enforceable save upon such grounds as exist at law or in equity for the revocation of any contract”. 8. The Supreme Court Ruling, decided April 27, 2011, AT&T MOBILITY LLC v. CONCEPCION ET U, states that courts must enforce arbitration agreements according to their terms. If there is an arbitration clause in the contract, that clause must be honored. Furthermore, "The “principal purpose” of the FAA is to “ensur[e] that private arbitration agreements are enforced according to their terms.” Volt , 489 U. S., at 478; see also Stolt-Nielsen S. A. v. AnimalFeeds Int’l Corp. , 559 U. S. ___, ___ (2010) (slip op., at 17). This purpose is readily apparent from the FAA’s text. Section 2 makes arbitration agreements “valid, irrevocable, and enforceable” as written (subject, of course, to the saving clause); §3 requires courts to stay litigation of arbitral claims pending arbitration of those claims “in accordance with the terms of the agreement”; and §4 requires courts to compel arbitration “in accordance with the terms of the agreement” upon the motion of either party to the agreement . . . " 9. The Defendant elects arbitration to settle this dispute. WHEREFORE, Defendant moves this Honorable Court to compel private contractual arbitration pursuant to the Loan Agreement and to stay proceedings pending contractual arbitration. Respectfully submitted, March __, 2021 John Doe, Defendant, Pro se ___________________________________________________________ CIRCUIT COURT OF ________ ALABAMA ORDER TO COMPEL PRIVATE/CONTRACTUAL ARBITRATION AND TO STAY PROCEEDINGS PENDING ARBITRATION CASE NO: 0000000000000 ABSOLUTE RESOLUTIONS INVESTMENTS, LLC Plaintiff, vs. John Doe Defendant The foregoing Motion having come before the Court and having been duly considered, it is hereby ORDERED: _______ GRANTED / _______ DENIED Further, this case shall be stayed pending the outcome of private arbitration. This _____ day of _________________, 2021 By: ____________________________________________________ Judge of ______ District Court Quote Link to comment Share on other sites More sharing options...
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