should i go arbitration ?

[nutterbutter]

If you look at part D  its mentions expect (other hearing fees) ?  Does anyone know how to interrupt this ? Thanks I am  in Ohio

[LaneBlane]

If this pertains to a consumer loan, the consumer is responsible for paying an arbitration filing fee of around $250, depending on whether arbitration is through JAMS or AAA.  The remainder of the arbitration fees and costs are typically paid by the creditor.

 

[nobk4me]

Go for arb.  I always do.  You have JAMS available, so I would suggest you choose them, as they are more expensive, to the creditor.  But not to you.  JAMS consumer rules cap your fees at $250.   Who exactly is this creditor?  Are you being sued by the them, or by a JDB?  Are you in a small claims court?

[nutterbutter]

i am being sued by JDB velocity , in smalls claims  upgrade inc is the OC 

[LaneBlane]

4 hours ago, nutterbutter said:

i am being sued by JDB velocity , in smalls claims  upgrade inc is the OC 

Is your agreement titled Upgrade Card Personal Credit Line Agreement?

Some questions:

• Does a loan number or an account number appear on any of the pages of your agreement at the very top, near the top edge of the paper?  If so, check to make sure this number matches the number on their communication to you.
   
• Does your agreement include a Non-Negotiable Promissory Note?  This should be around page 11.  If so, does Section 3 a-c include several blank lines?  Also, does this promissory note end with text similar to this (below) that says it was signed electronically?

• Did the JDB provide you with a copy of any additional promissory note that includes terms instead of blank lines?

 

I found a case that may be helpful.  I'm going to post the link so I don't forget it: https://www.docketalarm.com/cases/Florida_State_Duval_County_County_Court/2026-CC-004320/VELOCITY_INVESTMENTS_LLC_v._ANGELA_MARTIN/3/ 

 

[nutterbutter]

9 hours ago, LaneBlane said:

Is your agreement titled Upgrade Card Personal Credit Line Agreement?

Some questions:

• Does a loan number or an account number appear on any of the pages of your agreement at the very top, near the top edge of the paper?  If so, check to make sure this number matches the number on their communication to you.
   
• Does your agreement include a Non-Negotiable Promissory Note?  This should be around page 11.  If so, does Section 3 a-c include several blank lines?  Also, does this promissory note end with text similar to this (below) that says it was signed electronically?

• Did the JDB provide you with a copy of any additional promissory note that includes terms instead of blank lines?

 

I found a case that may be helpful.  I'm going to post the link so I don't forget it: https://www.docketalarm.com/cases/Florida_State_Duval_County_County_Court/2026-CC-004320/VELOCITY_INVESTMENTS_LLC_v._ANGELA_MARTIN/3/ 

 

1. There is no accout number on the pages.  and it titled upgrade personal line of credit agreement

2. Yes the same

3. Loosk excatly the same to the flordia contract but my name isnt on any documents 

[LaneBlane]

21 minutes ago, nutterbutter said:

1. There is no accout number on the pages.  and it titled upgrade personal line of credit agreement

2. Yes the same

3. Loosk excatly the same to the flordia contract but my name isnt on any documents 

So...

Blank lines on Exhibit A, Non-Negotiable Promissory Note?

Did you receive any additional documents, such as a separate promissory note?  What about something called a truth in lending statement?

Can you just list the titles of the documents/statements/agreements you have?

 

I helped a friend of mine win a case in arbitration against a JDB on a LendingClub/WebBank account that had a very similar agreement.  That's why I'm asking all these questions.  Her promissory note was also filled with blank lines.

[nutterbutter]

Here is what they sent me , also they sent me upgrade personal line agreement

[nobk4me]

17 hours ago, nutterbutter said:

in smalls claims

Are you sure about that?  JDBs can't use small claims court in Ohio.  You are probably in a municipal court, which has both a small claims and a general division.

[LaneBlane]

They produced a promissory note, signed electronically on your behalf, that is filled with blank lines instead of including the loan terms.  If they haven't produced another promissory note, or a Truth in Lending Statement, this is good news so far.

The arbitration agreement includes a small claims carve out that allows them to pursue this in small claims.

@nobk4me When something is filed in municipal court, general division, do you know if the final hearing is short and informal like small claims cases usually are?

[nutterbutter]

10 hours ago, LaneBlane said:

They produced a promissory note, signed electronically on your behalf, that is filled with blank lines instead of including the loan terms.  If they haven't produced another promissory note, or a Truth in Lending Statement, this is good news so far.

The arbitration agreement includes a small claims carve out that allows them to pursue this in small claims.

@nobk4me When something is filed in municipal court, general division, do you know if the final hearing is short and informal like small claims cases usually are?

I don’t know for sure , BUT i belive its a meeting to set a trial date / discover deadlines etc etc  its probably a 15  min hearing . 

my statgery would be that they dont want to pay thousands in fees to chase a deadbeat 

[LaneBlane]

12 hours ago, nutterbutter said:

I don’t know for sure , BUT i belive its a meeting to set a trial date / discover deadlines etc etc  its probably a 15  min hearing . 

my statgery would be that they dont want to pay thousands in fees to chase a deadbeat 

How much are they seeking?

 

[nobk4me]

12 hours ago, nutterbutter said:

my statgery would be that they dont want to pay thousands in fees to chase a deadbeat 

They usually don't.  It's called changing the cost/benefit ratio of debt collection.

 

[nobk4me]

23 hours ago, LaneBlane said:

When something is filed in municipal court, general division, do you know if the final hearing is short and informal like small claims cases usually are?

Hard to generalize, as most cases are either settled or are default judgments.  But the municipal court, in its general division, operates essentially the same as the county common pleas court.  There is usually a pre-trial hearing, to encourage settlement, and to set schedules for discovery, SJ motions, etc., if the parties do not settle.  If it comes to a trial, with witnesses, cross examination, etc., then that will happen.

Now, the small claims division, which I have never been in, is far less formal.  There is an evening session for it, once a week, and it's like a cattle call.  I think it's meant for cases like Joe owes money to John, and didn't pay.  Very informal, no discovery, probably a very short hearing, and the judge or magistrate issues a decision, perhaps then and there, or perhaps in writing later.

But the general division is, essentially, "real" court.

 

[LaneBlane]

20 hours ago, nobk4me said:

But the general division is, essentially, "real" court.

To me, taking this to "real" court prejudices a defendant because it's not geared towards a pro-se litigant.  At the same time, if you know how to play the game right, you can use discovery to your advantage in "real" court.

[nobk4me]

2 hours ago, LaneBlane said:

To me, taking this to "real" court prejudices a defendant because it's not geared towards a pro-se litigant.  At the same time, if you know how to play the game right, you can use discovery to your advantage in "real" court.

I think it is more advantageous than small claims court.  Remember, the creditors count on default judgments.  A pro se defendant who swamps them with discovery and motions also changes the cost/benefit ratio.  I used this to my advantage, with an OC, which dismissed the case.

But, I think arb is better, because of the high cost, to the creditors, and their lack of familiarity with arb.  Plus, with arb you don't run the risk of "judicial capture," meaning the judges become overly familiar, even friendly with, the creditor attorneys.  And, in arb, both parties get to rank the neutrals, which gives the defendant some degree of control over who hears the case.  Unlike in court.

[LaneBlane]

22 minutes ago, nobk4me said:

But, I think arb is better, because of the high cost, to the creditors, and their lack of familiarity with arb.  Plus, with arb you don't run the risk of "judicial capture," meaning the judges become overly familiar, even friendly with, the creditor attorneys.

I completely agree with you.  If you can get your case to arbitration, that's definitely the way to go.

[nutterbutter]

On 4/14/2026 at 1:59 PM, LaneBlane said:

How much are they seeking?

 

9k

[LaneBlane]

1 hour ago, nutterbutter said:

9k

The arbitration agreement allows them to file in small claims. I'm not sure if @nobk4me believes you should try to file a Motion to Compel Arbitration despite this, based on the fact the JDB may not have technically filed in small claims.
 

On 4/14/2026 at 12:48 AM, nutterbutter said:

my statgery would be that they dont want to pay thousands in fees to chase a deadbeat 

I don't see them easily dropping a $9,000 case.  They likely won't take less than $4,000 to 5,000 to settle. 

 

According to Civ.R.10(D) (Pleading Written Instruments):  If a claim (or defense) is found on an "account or other written instrument" (typically a contract), the plaintiff must attach a copy to the complaint.  Here, the JDB appears to have attached a copy of the Upgrade Card Personal Credit Line Agreement with Exhibit A, NON-NEGOTIABLE PROMISSORY NOTE.  Your promissory note is filled with blank lines.  It's also signed electronically on your behalf.

I would research the possibility of filing a Motion to Dismiss under Civ.R.12 (B)(6) (failure to state a claim).  You can argue no enforceable contract is adequately alleged because the signed promissory note they attached to the complaint fails to state any terms such as the amount owed and interest rate.  These documents also don't appear to include any identifying information linking them to you.  Did anything attached to the complaint include your name, account number, and balance?

If the JDB can produce a proper promissory note that's filled out, your motion would fail.  If the judge grants your motion, it would be without prejudice. That means the JDB could re-file, as long as they're within the statute of limitations.

Please do your own research on this.  I'm not an attorney, nor do I have any experience with Ohio courts.

One more question:  In your answer to their complaint, what were your defenses and affirmative defenses?

[nutterbutter]

11 hours ago, LaneBlane said:

The arbitration agreement allows them to file in small claims. I'm not sure if @nobk4me believes you should try to file a Motion to Compel Arbitration despite this, based on the fact the JDB may not have technically filed in small claims.
 

I don't see them easily dropping a $9,000 case.  They likely won't take less than $4,000 to 5,000 to settle. 

 

According to Civ.R.10(D) (Pleading Written Instruments):  If a claim (or defense) is found on an "account or other written instrument" (typically a contract), the plaintiff must attach a copy to the complaint.  Here, the JDB appears to have attached a copy of the Upgrade Card Personal Credit Line Agreement with Exhibit A, NON-NEGOTIABLE PROMISSORY NOTE.  Your promissory note is filled with blank lines.  It's also signed electronically on your behalf.

I would research the possibility of filing a Motion to Dismiss under Civ.R.12 (B)(6) (failure to state a claim).  You can argue no enforceable contract is adequately alleged because the signed promissory note they attached to the complaint fails to state any terms such as the amount owed and interest rate.  These documents also don't appear to include any identifying information linking them to you.  Did anything attached to the complaint include your name, account number, and balance?

If the JDB can produce a proper promissory note that's filled out, your motion would fail.  If the judge grants your motion, it would be without prejudice. That means the JDB could re-file, as long as they're within the statute of limitations.

Please do your own research on this.  I'm not an attorney, nor do I have any experience with Ohio courts.

One more question:  In your answer to their complaint, what were your defenses and affirmative defenses?

I just denied all allegations ,

They will have to spend a few more thousand to try to collect in arb . I won’t be paying them anayway 

[LaneBlane]

12 minutes ago, nutterbutter said:

I just denied all allegations ,

They will have to spend a few more thousand to try to collect in arb . I won’t be paying them anayway 

There's a small claims carve-out, so arbitration is likely off the table.  

If you're not interested in advise, I'll just wish you the best of luck.

[nutterbutter]

30 minutes ago, LaneBlane said:

There's a small claims carve-out, so arbitration is likely off the table.  

If you're not interested in advise, I'll just wish you the best of luck.

I appreciate the advice . I have already filed my motion .

I don't see that way. I believe the judge will grant the motion.  We will what the judge says. 
I am waiting. On the ruling 

if I fail they I go after the contract etc . 

[nobk4me]

14 hours ago, nutterbutter said:

9k

Then you are NOT in small claims court.  In Ohio, small claims court is for amounts of $6000 or less.

[nobk4me]

13 hours ago, LaneBlane said:

I don't see them easily dropping a $9,000 case

The OP should file for arb in JAMS, if the MTC Arb is granted.   JAMS is expensive.  It will cost them around $2000 (less any consumer fees the OP pays) just to respond to the claim.  Then comes the invoice for the retainer, for $5000, and at the rates the arbitrators charge, it won't be long before that is used up and JAMS will want more.  If the JDB wants to try to collect the debt in arb (which they must under the contract), they need to file a counterclaim with JAMS, which is another $2000 fee.

So arb in JAMS is costing them around $9000 just to start, with more fees likely.  And this doesn't count their attorney fees.  Which, in Ohio, can't be collected from consumers for consumer debt.

And, remember, the JDB probably paid $900 or less for this debt.  It will be cheaper and easier to drop the case, take a tax write-off, and move on to easier prey.

[LaneBlane]

49 minutes ago, nobk4me said:

Then you are NOT in small claims court.  In Ohio, small claims court is for amounts of $6000 or less.

I'm glad you caught this.  I didn't know small claims was so low in Ohio.

This is the exact news you need @nutterbutter