Preventing Initiation of Lawsuit Prior to MTC

[HueyPilot]

Answer to a Complaint:

Some States have Court Adjoined Mandatory Arbitration to reduce caseload. Filing a Motion to Compel Private Arbitration is challenging as it possibly deprives the Court of fees should the majority of credit card lawsuits file for MTC and receive award and stay of action. We know Federal Arbitration Rules take precedent over the States however tend to get ignored .  Once engaged in the discovery process the case moves forward and the action will most of the time preclude the MTC for private arbitration. 

Question: 

If I file an Answer to my Summons & Complaint that includes a countersuit will this be construed as a forward action preventing a motion to compel private arbitration (MTC). Would the results be similar as filing discovery and initiating the action in Civil Court.

 

 

[Bulldoger]

Another question can you file counter claim in Arbitration and force with MTC court case be join with you Arb case?

 

[BV80]

@HueyPilot

@Bulldoger

In the arbitration thread, read “Filing the Arbitration Case”.

https://www.creditinfocenter.com/community/topic/329436-arbitration-overview-and-strategy-2018-most-up-to-date-info/

 

[shadow99]

12 hours ago, HueyPilot said:

If I file an Answer to my Summons & Complaint that includes a countersuit will this be construed as a forward action preventing a motion to compel private arbitration (MTC). Would the results be similar as filing discovery and initiating the action in Civil Court.

Using the advice in the thread @BV80 posted, if I had anything I could use as a counterclaim, I didn't mention it in court.  I just got my MTC granted or had opposing counsel agree to arbitration, then when I filed with JAMS, I listed my claim only - like FDCPA & TCPA violations of X amount.

Then, it's up to the plaintiff (now the respondent) to file a counter claim for the amount they were suing me for.

That way, they have to pay the remaining $1500 of fees for my claim plus $1750 for the counterclaim.  That's JAMS - AAA is much cheaper for that scenario.

That said, I did have one lawyer object in court and say that the two claims were separate so they should be able to move forward with the debt collection case in court.  They had acted so poorly that the judge didn't listen to that or any of their other many objections.  In fact, the rent-a-lawyer seemed fairly embarrassed by the written objections and didn't even bring them up.  If they had prevailed on the objections, I could still have argued that it should still be two cases at JAMS - I don't think they could have gotten away with it here where the judges seem to be very friendly and knowledgeable when it comes to arbitration. Elsewhere, you just never know.

Also, I have not yet had any JDB willing to pay the arbitration fees, so I have only settled so far.  At some point, my luck might run out.

[Clydesmom]

14 hours ago, HueyPilot said:

If I file an Answer to my Summons & Complaint that includes a countersuit will this be construed as a forward action preventing a motion to compel private arbitration (MTC).

My opinion is if you file a counter claim you are submitting to the jurisdiction of the court and waving your right to arbitration.  If you want arbitration you file an answer (except in FL) and then a MTC.  Once the motion is approved then you can assert counter claims if they exist.  It is NEVER a good idea to allege counter claims that do not exist in court or arbitration as your credibility is done.

14 hours ago, HueyPilot said:

Would the results be similar as filing discovery and initiating the action in Civil Court.

Yes.