When a debt collector sues, you can invoke your right to arbitration by stating that the court lacks jurisdiction because the original contract contains a binding arbitration clause, which supersedes any third-party claims and does not specify a dollar amount threshold, forcing the collector to either arbitrate or dismiss the case.
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Deep Dive
Why the Debt Collector Backed OffAdded:
I don't want to go I don't want to put all this money out, so let me just go ahead and settle with them. No, you never settle. You're not disputing the facts of the the the account. You're not talking about nothing other than saying, "Hey, you know, basically in a nutshell, um the court does not have jurisdiction because we have a binding contract that they're trying to enforce to collect to collect this money off of in the first place that has an arbitration clause that say, um we should be going to arbitration for disputes. It does not matter the dollar amount because most arbitration clauses is not going to um specify a dollar amount. It's just the fact that does this dispute fall under this and collections do. That is the biggest thing you need to realize and remember, collections do fall under um arbitration disputes that can be, you know, seen by them.
So, because of this, um they basically was trying to, you know, force Oh, we'll take $25 a month. I'm like, I'm So, I told him, "They're going to try everything. You stand 10 toes down on your arbitration."
He's like, "Okay, cool."
So, from the arbitration from the I mean, from the settlement conference, um they basically was like, "Okay." They really just hung the phone up on him. So, he just was like, "I don't know what to do." So, when he called back, they're like, "Yeah, it's over." They're like He like, "They never even told me it was over."
"They never even told me it was over.
Like, they just had me sitting on the um on the phone. So, when I hung up or when whoever hung up on me, I called back. Now, you're telling me it's over. Like, what's going on?" So, they set a trial date, right?
This is why it's very important to continue with the process. Do not stop.
Do not get nervous. Do not collect gold.
Do not Or do not pass go. Do not collect $200 yet or $200. Um because what wind up happening was they set the trial date for um today, 3/5, right? So, he's like, "Okay, give me a refresher on what I'm supposed to say to the center."
I'm like, "Okay, your refresher is stand that or uh stand on arbitration.
Stand on arbitration. Tell that lawyer, "Hey, you do not have the jurisdiction.
The court this court does not have the jurisdiction. Once arbitration is elected, you guys cannot continue to try to have me litigate this when I elected arbitration." Because they are trying to enforce collecting from me, they should have that contract. That contract is binding between me and the original credit creditor. And it says in the arbitration clause, which it will have, um is that this contract supersedes any 30 any third parties, which means anybody else who touches this contract has to abide by these rules.
Period.
Period. It makes it very much clear. It does not say a dollar amount. It does not say it's too small cuz that's what they try to tell him, "Oh, it's too small."
When does a dollar amount matter? It doesn't say, "Oh, if it's $50 or oh it doesn't say none of that." Okay, so since you're trying to enforce this contract, one, provide it cuz no, I don't have the contract. But you say you own it, so you should be able to produce it. They can't.
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