Lawsuit/Arbitration
Date: Sun, 01/09/2011 - 13:10
I have a lawsuit filed against me (court date set) from a collection agency on a charged-off Cash Call loan. My question is this. I did not opt out of arbitration in the original CC loan, and the loan documents state that arbitration wil survive any transfer, sale or assignment of my Note, or any amounts owed on my account, to any other person or entity. Should I wait until my court date and ask the judge to dismiss based on the arbitration clause, or should I write the courts before my court date and request a motion to compel arbitration? Any help would be greatly appreciated.
You can immediately write to the court and request for a motion
You can immediately write to the court and request for a motion to compel arbitration. You should even send the required documents which you've signed with the creditor regarding this matter as a proof for the court to check.
