Crazynstupid321 Posted March 7 Report Share Posted March 7 Hello, I've got a hearing set to argue why the judge should grant my MTC Arb, what should be my talking points. In the MTC I provided points from the Arb agreement from Comenity Bank. Arbitration may be elected by any party with respect to any Claim, even if that party has already initiated a lawsuit with respect to a different Claim. Arbitration is started by giving a written demand for arbitration to the other party. (b) IF YOU OR WE ELECT TO ARBITRATE A CLAIM, YOU WILL NOT HAVE THE RIGHT TO PURSUE THAT CLAIM IN COURT OR HAVE A JURY DECIDE THE CLAIM. ALSO, YOUR ABILITY TO OBTAIN INFORMATION FROM US IS MORE LIMITED IN AN ARBITRATION THAN IN A LAWSUIT Those are my two standing points. Any other advice before my hearing? Attaching the original arb argreement. Quote Link to comment Share on other sites More sharing options...
Bulldoger Posted March 8 Report Share Posted March 8 Did opposing party file a response the attorney I was against filed it day before hearing. If they do that ask for continuance to file a proper response. this is how I defended my MTC https://www.creditinfocenter.com/community/topic/335720-protas-spivok-collins-llc-file-suit/page/2/ This isn't you first rodeo is judge different in this case? If not should go same as last time. Quote Link to comment Share on other sites More sharing options...
Crazynstupid321 Posted March 8 Author Report Share Posted March 8 Yeah, judge is different, this one seems more relaxed and more consumer friendly. He asked how much time I would need to argue my Motion and scheduled it for a virtual hearing. Opposing party did not file any counter or response. It's the same law firm on the other MTC I had granted, they didn't have a response and had a rent a lawyer come to the hearing. Quote Link to comment Share on other sites More sharing options...
nobk4me Posted March 8 Report Share Posted March 8 If you get any pushback from opposing counsel or the judge, here are the arguments I would make: It's your right under the contract. The law, including rulings by the US Supreme Court, favor arbitration. You want arb because it is private, whereas everything done in court is part of the public record. You prefer to keep financial matters private. Quote Link to comment Share on other sites More sharing options...
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