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Fiance Sued By PRA, LLC


chaosrecords
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Thank you for your time in advance.  I'm seeking advise for my fiance, who is being sued by PRA, LLC, in what I believe is small claims court (under $8000).
She is completely unsure of how to handle this, and I've been researching arbitration over the past few days.   I believe I can help draft an answer,
but I am wondering if I should just help draft a motion to compel arbitration instead.  I also saw a post where this backfired, and the defendant was held liable for the debt, as well as
all the cost associated with the arbitration, and had to file bankruptcy. That did give me some pause and thoughts to dig deeper.  I've since read some case law in Florida, in which it seems in some cases the cost of arbitration is pursuable by the creditor.  I am entirely out of my depth here, so I may have read these outcomes wrong, or they may not even apply to this situation.   

We have very little money, no money for an atty, so I would like to know what the likelihood of a claim for this amount listed below would be for PRA to take this all the way through arbitration, or if there is any way this could backfire on her.  I'm also interested to know if different courts require significantly different formats for a motion to compel arbitration, or if the sample motion I found on this site is a good foundation that I can build my motion around.  I really do not know anything about how these documents are created.  

Again, thank you kindly for your time and advise.  I know it may not seem like a lot of money to some, but to us it's fairly stressful. 


1. Who is the named plaintiff in the suit?

Portfolio Recovery Associates LLC

2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.)

None Listed, Only PRA, LLC listed on complaint as plantiff. 

3. How much are you being sued for?

$1400

4. Who is the original creditor?

Synchrony Home

5. How do you know you are being sued? 

Served a summons 

6. How were you served? 

Process Server

7. Was the service legal as required by your state?

Yes

8. What was your correspondence (if any) with the people suing you before you think you were being sued?

None

9. What state and county do you live in?

Florida, Polk County

10. When is the last time you paid on this account? 

02/2020

11. When did you open the account (looking to establish what card agreement may be applicable)?

03/2019

12. What is the SOL on the debt? To find out:

5 years

13. What is the status of your case?

Summons served on 7/12/2022

14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?)

No

15. Did you request debt validation before the suit was filed?

No

16. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit?

20 days

17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits.

Three single page documents of bills from Synchrony Home, showing DOP, last payment, and past due bill. 

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I am glad you filled out this form.  The advice I will give you is different because you are in Florida.  Readers in the other 49 states be aware. 
 

In Florida you don’t want to file an answer.  Instead, file your MTC.  Florida courts have ruled that filing an answer waives arbitration.  
 

Get a copy of the appropriate card agreement from the CFPB web site.  
 

Synchrony has about the most favorable arbitration agreement of anyone.  Read it carefully.  
 

Look through the arbitration thread for examples of a good MTC.  You should also do a search for Florida and a search for Synchrony.  If you have questions ask.  There are often helpful people here.  
 

Your big question is whether PRA will follow through with arbitration on a $1400 debt.  Nobody knows the answer to that one.  What we can tell is PRA used to always run away from arbitration, but now they are more likely to enter arbitration.  Nobody has any idea whether in this particular case they will spend thousands to chase down $1400.  Maybe. Maybe not.  Worst case you will have a stronger negotiation position.  Best case they walk away.  
 

Best of luck to you!

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I am not an attorney nor do I have a law degree in FL. But I would suggest filing the MTC i don't believe Synchrony has a small claims carve-out. Current cost of Arbitration for JDB is $5000 plus.  Plus part of reason to file a MTC is to get in good position to settle the debt even just after filing and before the MTC hearing.  Settling which will also result in the collection being removed from her credit report. Reasonably the debt can be settled for $350 e.g. 25% or even the just the $250 filing fee just after ordered.  You say your broke but FL has payday loans that would cover $250.  Better to pawn something if you can.  In small claims courts in some states the judges are not even attorneys they don't always follow the law so trying to settle before the hearing on MTC would be a good strategy there is no guarantee the MTC will be awarded especially in small claims court. 

 

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5 hours ago, BackFromTheDebt said:

I am glad you filled out this form.  The advice I will give you is different because you are in Florida.  Readers in the other 49 states be aware. 
 

In Florida you don’t want to file an answer.  Instead, file your MTC.  Florida courts have ruled that filing an answer waives arbitration.  
 

Get a copy of the appropriate card agreement from the CFPB web site.  
 

Synchrony has about the most favorable arbitration agreement of anyone.  Read it carefully.  
 

Look through the arbitration thread for examples of a good MTC.  You should also do a search for Florida and a search for Synchrony.  If you have questions ask.  There are often helpful people here.  
 

Your big question is whether PRA will follow through with arbitration on a $1400 debt.  Nobody knows the answer to that one.  What we can tell is PRA used to always run away from arbitration, but now they are more likely to enter arbitration.  Nobody has any idea whether in this particular case they will spend thousands to chase down $1400.  Maybe. Maybe not.  Worst case you will have a stronger negotiation position.  Best case they walk away.  
 

Best of luck to you!

That was a huge catch I would not have figured out on my own about waiving arbitration, glad I came here to ask.  You  saved us some trouble there!
This is the Arbitration clause.  Anything stand out here that might hurt her?
_________________________________________________________________________________

Governing Law. Except as provided in the Resolving a Dispute with Arbitration section, this Agreement and your account are governed by federal law and, to the extent state law applies, the laws of Utah without regard to its conflicts of law principles. This Agreement has been accepted by us in Utah.
Waiver. We may give up some of our rights under this Agreement. If we give up any of our rights in one situation, we do not give up the same right in another situation.

RESOLVING A DISPUTE WITH ARBITRATION
PLEASE READ THIS SECTION CAREFULLY. IF YOU DO NOT REJECT IT, THIS SECTION WILL APPLY TO YOUR ACCOUNT, AND MOST DISPUTES BETWEEN YOU AND US WILL BE SUBJECT TO INDIVIDUAL ARBITRATION. THIS MEANS THAT: (1) NEITHER A COURT NOR A JURY WILL RESOLVE ANY SUCH DISPUTE; (2) YOU WILL NOT BE ABLE TO PARTICIPATE IN A CLASS ACTION OR SIMILAR PROCEEDING; (3) LESS INFORMATION WILL BE AVAILABLE; AND (4) APPEAL RIGHTS WILL BE LIMITED.

1. CLAIMS AND PARTIES. If either you or we make a demand for arbitration, you and we must arbitrate any dispute or claim between you (including any other user of your account), and us (including our parents, affiliates, agents, employees, officers, and assignees) that directly or indirectly arises from or relates to your account, your account Agreement or our relationship, except as noted below. In addition, dealers/merchants/retailers and/or any assignee, agent, or service provider of ours that collects amounts due on your account are intended beneficiaries of this Arbitration section and may enforce it in full (notwithstanding any state law to the contrary).

2. This Arbitration section broadly covers claims based upon contract, tort, consumer rights, fraud and other intentional torts, negligence, constitution, statute, regulation, ordinance, common law and equity and claims for money damages and injunctive or declaratory relief, even if they arose before this section took effect. You may not sell, assign or transfer a claim.

3. Examples of claims subject to arbitration are disputes about an account transaction, fees, charges or interest, the events leading up to the Agreement (such as any disclosures, advertisements, promotions or oral or written statements, warranties or representations made by us), an application for or denial of credit, any product or service provided by us or third parties in connection with the Agreement, credit reporting, benefit programs related to your account including any reward program, the collection of amounts due by our assignees, service providers, or agents and the manner of collection.

4. However, we will not require you to arbitrate any individual case in small claims court or your state’s equivalent court, so long as it remains an individual case in that court. Also, even if all parties have opted to litigate a claim in court, you or we may elect arbitration with respect to any claim made by a new party or any claim later asserted by a party in any related or unrelated lawsuit, including modifying an individual claim to assert a class, representative or multi-party claim. Arbitration may be requested at any time, even where there is a pending lawsuit, unless a trial has begun, or a final judgment entered.

5. Only a court will decide disputes about the validity, enforceability, coverage or scope of this Arbitration section or any part thereof. However, any dispute that concerns the validity or enforceability of the Agreement as a whole is for the arbitrator to decide.

6. NO CLASS ACTIONS. IF EITHER YOU OR WE ELECT TO ARBITRATE A CLAIM, NEITHER YOU NOR WE WILL HAVE THE RIGHT (A) TO PARTICIPATE IN A CLASS ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE ACTION IN COURT OR IN ARBITRATION, EITHER AS A CLASS REPRESENTATIVE OR CLASS MEMBER, OR (B) TO JOIN OR CONSOLIDATE CLAIMS WITH CLAIMS OF ANY OTHER PERSONS EXCEPT ACCOUNTHOLDERS ON YOUR ACCOUNT. THUS, YOU MAY NOT BRING CLAIMS AGAINST US ON BEHALF OF ANY ACCOUNTHOLDER WHO IS NOT AN ACCOUNTHOLDER ON YOUR ACCOUNT, AND YOU AGREE THAT ONLY ACCOUNTHOLDERS ON YOUR ACCOUNT MAY BE JOINED IN A SINGLE ARBITRATION WITH ANY CLAIM YOU HAVE.

7. PROCEDURES. The party who wants to arbitrate must notify the other party in writing. This notice can be given after the beginning of a lawsuit or in papers filed in the lawsuit. Otherwise, your notice must be sent to Synchrony Bank, Legal Operation, P.O. Box 29110,
Shawnee Mission, KS 66201-5320, ATTN: ARBITRATION DEMAND. The party seeking arbitration must select either the American Arbitration Association (AAA), 120 Broadway, Floor 21, New York, NY 10271, www.adr.org, or JAMS, 620 Eighth Avenue, 34th Floor, New York, NY 10018, www.jamsadr.com, to administer the arbitration. If neither administrator can handle the dispute, a court with jurisdiction will appoint an arbitrator.

8. The arbitration administrator will appoint the arbitrator and will tell the parties what to do next. The arbitrator must be a lawyer with at least
ten years of legal experience. The arbitrator must apply the same law, consistent with the Federal Arbitration Act (FAA), that would apply to an individual action in court, but may use different procedural rules. The arbitrator will apply the same statutes of limitation and privileges that a court would apply if the matter were pending in court.

9. The arbitrator may award any damages or other relief or remedies that would apply under applicable law to an individual action brought in court, including, without limitation, punitive damages (governed by the Constitutional standards employed by the courts) and injunctive, equitable and declaratory relief (but only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim). The parties will bear the fees and costs of their attorneys, witnesses and experts. However, the arbitrator will have the authority to award fees and costs of attorneys, witnesses and experts to the extent permitted by the Agreement, the administrator’s rules or applicable law.

10. The arbitration will take place by phone or at a location reasonably convenient to you. If you ask, we will pay all the fees the administrator or arbitrator charges if you cannot obtain a waiver of fees from the administrator and are acting in good faith. We will always pay arbitration costs required by the administrator’s rules or that are necessary for this Arbitration section to be enforced.

11. GOVERNING LAW. This Arbitration section is governed by the FAA. Utah law shall apply to the extent state law is relevant under the FAA, unless otherwise stated herein. The arbitrator’s award will be final and binding, except for any appeal right under the FAA. Any court with jurisdiction may enter judgment upon the arbitrator’s award. The arbitration award and any judgment confirming it will apply only to the specific case and cannot be used in any other case except to enforce the award.

12. SURVIVAL. This Arbitration section shall survive the repayment of all amounts owed, the termination, cancellation or suspension of the Agreement or your account or credit privileges, any legal proceeding, and any bankruptcy by you, to the extent consistent with applicable bankruptcy law. If this Arbitration section conflicts with the applicable arbitration rules or the other provisions of the Agreement, this Arbitration section shall govern.

13. SEVERABILITY. If any portion of this Arbitration section is held to be invalid or unenforceable, the remaining portions shall nevertheless remain in force with the following two exceptions. First, if a determination is made that the “No Class Actions” provision is unenforceable, and that determination is not reversed on appeal, then this Arbitration section shall be void in its entirety. Second, if a court determines that a public injunctive relief claim may proceed notwithstanding the “No Class Actions” provision, and that determination is not reversed on appeal, then the public injunctive relief claim will be decided by a court, and any individual claims will be arbitrated. The parties will ask the court to stay the public injunctive relief claim until the other claims have been finally concluded.

14. HOW TO REJECT ARBITRATION. You may reject this Arbitration section. If you do that, a court will resolve any dispute or claim. To reject this section, send us a notice within 45 days after you open your account or we first provided you with your right to reject this section. The notice must include your name, address, account number, and personal signature, and must be mailed to Synchrony Bank, P.O. Box 965012,
Orlando, FL 32896-5012. This is the only way you can reject this section. Rejecting this Arbitration section will not affect any other provision of the Agreement. It will also not affect any prior arbitration agreement or dispute resolution provision between you and us, which will remain in full force and effect. If you don’t reject this Arbitration section, it will be effective as of the date of the Agreement and will supersede any prior arbitration agreement between you and us that would otherwise be applicable.

 

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3 hours ago, Bulldoger said:

I am not an attorney nor do I have a law degree in FL. But I would suggest filing the MTC i don't believe Synchrony has a small claims carve-out. Current cost of Arbitration for JDB is $5000 plus.  Plus part of reason to file a MTC is to get in good position to settle the debt even just after filing and before the MTC hearing.  Settling which will also result in the collection being removed from her credit report. Reasonably the debt can be settled for $350 e.g. 25% or even the just the $250 filing fee just after ordered.  You say your broke but FL has payday loans that would cover $250.  Better to pawn something if you can.  In small claims courts in some states the judges are not even attorneys they don't always follow the law so trying to settle before the hearing on MTC would be a good strategy there is no guarantee the MTC will be awarded especially in small claims court. 

 

I can raise some money.  Not $1400, but several hundred I can swing.  She's totally strapped, has a decent job but student loans, car loan, current monthly bills, etc, have her strapped.  I'm disabled, but have some possessions I can sell.  Now I just need to figure out how to create the motion.  Thanks!

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Look up rules for your court available on internet.  Read about filing motions . 

Usually you will file copy to court and to plaintiff attorney send certified with tracking. My need to add certification of mailing.

Make affidavit stating she is over 18 . That she found got the contract on government website HTTP: xxxx and that

To her belief it is correct contract.  Have notarized

The make motion for arbitration see arbitration thread. 

See if you can find one on site from Florida member search site for MTC FL OR FLORIDA.

Then mail . 

 

 

 

 

 

 

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1 hour ago, BackFromTheDebt said:

As for the arbitration agreement look carefully at #10.  They pay her portion of the fees if she asks them.  
 

If you go into arbitration I strongly recommend JAMS.  Better for her and more expensive for PRA

Roger that.  She's thinking it over and I'm researching everything needed to go forward.  Gotta move on it soon one way or the other. 
PRA has their pay to delete payment plan on their site, but that's a long haul at the minimum $58 a month for 2 years. 

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On 7/18/2022 at 3:33 PM, shadow99 said:

This might help you out.

I'm in a different state.  PRA just paid the initial fee ($1500) to follow me into arbitration for a debt not too much more than $2000.

Damn dude, they are really stubborn about it.   That's extremely surprising. 

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On 7/17/2022 at 10:59 AM, BackFromTheDebt said:

Your big question is whether PRA will follow through with arbitration on a $1400 debt.  Nobody knows the answer to that one.  What we can tell is PRA used to always run away from arbitration, but now they are more likely to enter arbitration.  Nobody has any idea whether in this particular case they will spend thousands to chase down $1400.  Maybe. Maybe not.  Worst case you will have a stronger negotiation position.  Best case they walk away.  
 

Best of luck to you!

So, she decided for her own moral reasons to attempt to settle.  We called them and got it settled for 60%, around $820.   I was wondering something.  I would like to avoid having to pay the filing fee along with already getting hammered on the settlement.  If we don't file an answer and just show up to the hearing scheduled next month, will we be able to get this dismissed by providing proof of the settlement to the judge?  Obviously PRA won't show up now that the debt is paid, and so far (it's been 3 days), they haven't filed a motion to dismiss the case.  I just am worried she will end up with a summary judgement, so I'm wondering if just showing up to the court date is good enough. 

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1 hour ago, chaosrecords said:

So, she decided for her own moral reasons to attempt to settle.  We called them and got it settled for 60%, around $820.   I was wondering something.  I would like to avoid having to pay the filing fee along with already getting hammered on the settlement.  If we don't file an answer and just show up to the hearing scheduled next month, will we be able to get this dismissed by providing proof of the settlement to the judge?  Obviously PRA won't show up now that the debt is paid, and so far (it's been 3 days), they haven't filed a motion to dismiss the case.  I just am worried she will end up with a summary judgement, so I'm wondering if just showing up to the court date is good enough. 

Did PRA send you any paperwork?  Did they say they were going to file a dismissal?  

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5 hours ago, chaosrecords said:

So, she decided for her own moral reasons to attempt to settle.  We called them and got it settled for 60%, around $820.   I was wondering something.  I would like to avoid having to pay the filing fee along with already getting hammered on the settlement.  If we don't file an answer and just show up to the hearing scheduled next month, will we be able to get this dismissed by providing proof of the settlement to the judge?  Obviously PRA won't show up now that the debt is paid, and so far (it's been 3 days), they haven't filed a motion to dismiss the case.  I just am worried she will end up with a summary judgement, so I'm wondering if just showing up to the court date is good enough. 

Did you get something in writing regarding the settlement before you paid. If not and you have not paid yet, call PRA and request that the settlement be in writing. They can email it or snail mail it to you. DO NOT PAY UNTIL YOU GET IT IN WRITING.

If you already paid, then you are at their mercy because they can simply say that there was no settlement and without anything in writing, it is your word against theirs.

If you have something in writing, then file an answer and select accord and satisfaction and state that the debt was settled and file that as your answer. PRA will dismiss at that point because they know they will piss off the judge if they don't and unlike you, they have 100s of cases in front of that judge and cannot afford to have the judge mad at them.

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3 hours ago, WhoCares1000 said:

Did you get something in writing regarding the settlement before you paid. If not and you have not paid yet, call PRA and request that the settlement be in writing. They can email it or snail mail it to you. DO NOT PAY UNTIL YOU GET IT IN WRITING.

I literally just paid a settlement to them.

I paid (I know that's not what you should do) but I asked them if I could have something in writing. They said they could email me the agreement, but that the attorney would mail me something to sign (please send it back as quickly as possible) and an official settlement letter.

I got the email within 5 minutes - it was really quick.  It was sent by the guy I spoke to's supervisor.

Then, I got an email from UPS that they were sending me something overnight.  The next day, I received a copy of the dismissal request that they also sent to the court.  I have not yet received paperwork to sign.

 

 

, then they emailed me the agreement - I had it within 5 minutes of getting off the phone.

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13 hours ago, BV80 said:

Did PRA send you any paperwork?  Did they say they were going to file a dismissal?  

They SAID they would file for dismissal, they emailed proof of payment and stating the debt was now zero. 
The problem is she only has about 5 days left to file an answer, and apparently in Florida, if you don't file the answer they will issue a default judgement. 
This has already hit me pretty hard financially, the extra $180 filing fee is going to kill me.  As of right now, no change on the court docket for her case. 

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10 hours ago, chaosrecords said:

They SAID they would file for dismissal, they emailed proof of payment and stating the debt was now zero. 
The problem is she only has about 5 days left to file an answer, and apparently in Florida, if you don't file the answer they will issue a default judgement. 
This has already hit me pretty hard financially, the extra $180 filing fee is going to kill me.  As of right now, no change on the court docket for her case. 

I would contact a FL consumer attorney and ask if an answer should be filed considering the email you received.  Some attorneys are nice enough to answer a few questions over the phone.

Otherwise, I might file an answer and state that the account has been paid and settled.  To my answer, I would attach a copy of the email along with an affidavit (must be notarized) stating that the copy of the email is a true and correct copy of the email received from __________(name of whoever sent the email:  PRA, the attorney, or whoever).

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10 hours ago, chaosrecords said:

the extra $180 filing fee is going to kill me.

Is there anything in Florida that waives the fee if you're below a certain income?

Some places have policies like that because it's considered discriminatory against low-income people and prevents them from participating in the legal system.

I searched and found this, but it's probably pretty hard to qualify.

Civil Indigent Status

In a civil proceeding, if a person is determined to be indigent their filing fee, cost of summons, and cost of service by the Sheriff are waived pursuant to Florida Statute.

 

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9 hours ago, alwayswinning36 said:

What's the work around for the OP on #4 of the arbitration agreement? It has the classic small claims or equivalent exemption for lawsuits.

That’s not an exemption.  It says the plaintiff won’t “require” a consumer to arbitrate if a lawsuit is in small claims.  It does not say that a consumer can’t choose to arbitrate.  

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7 hours ago, BV80 said:

That’s not an exemption.  It says the plaintiff won’t “require” a consumer to arbitrate if a lawsuit is in small claims.  It does not say that a consumer can’t choose to arbitrate.  

Ha. It doesn't say "we will dismiss small claims and arbitrate if you wish" either. Good luck with that one, bruh.

 

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3 hours ago, alwayswinning36 said:

Ha. It doesn't say "we will dismiss small claims and arbitrate if you wish" either. Good luck with that one, bruh.

 

It doesn’t have to say that, and we have had good luck with it, bruh.  All that matters is the language that is there.

It says the plaintiff won’t require a consumer to a in small claims.  How does that mean the defendant can’t choose to elect arbitration and that arbitration is not allowed in small claims?  The typical small claims exclusion states:

”Individual claims filed in small claims court are not subject to arbitration, as long as the matter stays in small claims court”.

It specifically states that small claims cases are not subject to arbitration.  Arbitration is prohibited in small claims.  No ifs, ands, or buts.  There is no reference to either “we” or “you”.

There is no such reference as “not subject to arbitration” in the OP’s agreement.  “WE will not require you to arbitrate” means that only the plaintiff cannot require the consumer to arbitrate.  There is no language that prohibits the consumer from electing arbitration.  It does not state that small claims lawsuits are not subject to arbitration.  The only prohibition is on the plaintiff.  If it was intended that neither party could demand arbitration in small claims or that arbitration was not allowed in small claims, it would have stated neither party could elect arbitration or there would have a statement similar to the previous one I cited.

@fisthardcheeseis the resident arbitration expert.  Check out post #15 in the following thread.

https://www.creditinfocenter.com/community/topic/330419-pra-lawsuit-in-texas-in-desperate-need-of-help/

@BackFromTheDebtis also experienced with arbitration.

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2 hours ago, BV80 said:

It doesn’t have to say that, and we have had good luck with it, bruh.  All that matters is the language that is there.

It says the plaintiff won’t require a consumer to a in small claims.  How does that mean the defendant can’t choose to elect arbitration and that arbitration is not allowed in small claims?  The typical small claims exclusion states:

”Individual claims filed in small claims court are not subject to arbitration, as long as the matter stays in small claims court”.

It specifically states that small claims cases are not subject to arbitration.  Arbitration is prohibited in small claims.  No ifs, ands, or buts.  There is no reference to either “we” or “you”.

There is no such reference as “not subject to arbitration” in the OP’s agreement.  “WE will not require you to arbitrate” means that only the plaintiff cannot require the consumer to arbitrate.  There is no language that prohibits the consumer from electing arbitration.  It does not state that small claims lawsuits are not subject to arbitration.  The only prohibition is on the plaintiff.  If it was intended that neither party could demand arbitration in small claims or that arbitration was not allowed in small claims, it would have stated neither party could elect arbitration or there would have a statement similar to the previous one I cited.

@fisthardcheeseis the resident arbitration expert.  Check out post #15 in the following thread.

https://www.creditinfocenter.com/community/topic/330419-pra-lawsuit-in-texas-in-desperate-need-of-help/

@BackFromTheDebtis also experienced with arbitration.

Whatever you say, dude. Lets just wait and see how it goes for the OP.

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5 hours ago, alwayswinning36 said:

Ha. It doesn't say "we will dismiss small claims and arbitrate if you wish" either. Good luck with that one, bruh.

I've had that clause in a few card agreements.  It has not yet kept me from getting either the judge to grant my MTC or have the attorney agree to arbitrate.

@BV80 is exactly right.

I've even had one that said nothing in small claims was subject to arbitration for either side.  Because lawyers are not allowed in my state's small claims court unless the debt is personally theirs, these cases always go to district court here.  The attorney tried to argue that Virginia's district court was small claims in the spirit of the contract.  The judge immediately granted my MTC and I ended up with a $0 settlement for mutual dismissal.

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