PART 2 | How To Win Your Debt Collection Lawsuit By Compelling Private Arbitration | Summary and Q&A

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June 7, 2022
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Consumer Warrior
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PART 2 | How To Win Your Debt Collection Lawsuit By Compelling Private Arbitration

TL;DR

Learn how to win your debt collection lawsuit by compelling private arbitration and shifting the burden onto the creditor to initiate the process.

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Questions & Answers

Q: What is private arbitration, and how does it differ from the court process?

Private arbitration is a dispute resolution process conducted by a private company or arbitrator instead of a court. It offers a faster and more flexible resolution compared to the formal court process.

Q: Why do creditors and debt collectors generally oppose private arbitration for debt collection cases?

Debt collection cases are often low in value, and private arbitration is expensive for creditors due to filing fees and additional costs. It also disrupts their established systems designed for court litigation.

Q: Can I initiate the private arbitration process myself if the court grants my motion to compel?

It is not advisable to initiate private arbitration yourself if you are the defendant in a debt collection lawsuit. You should require the creditor or debt collector to initiate the process as they have a claim against you.

Q: What should I do if the creditor refuses to initiate private arbitration after the court order?

If the creditor fails to initiate private arbitration after the court's order, you should document your attempts to communicate with them in writing. Then, you can go back to the court and request a dismissal of the case for lack of prosecution.

Summary & Key Takeaways

  • When sued by a debt collector, you can use an arbitration clause in the credit card terms and conditions to compel private arbitration instead of going through the court process.

  • Creditors and debt collectors don't prefer private arbitration for debt collection cases due to the disruption it causes to their systems and the high costs involved.

  • If you have successfully filed a motion to dismiss and compel private arbitration, you should ask the creditor to initiate the arbitration process and defend yourself if they refuse. If they fail to do so, you can request the court to dismiss the case for lack of prosecution.

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