How to Win a Credit Card Lawsuit Using Private Arbitration

TL;DR

To win a credit card lawsuit using private arbitration, you can file a motion to compel arbitration, even after filing an answer, as long as judgment hasn't been entered or trial hasn't started. Arbitration often leads to case dismissal because it’s costly for debt buyers. The process involves submitting a written request to the court, which may pause the case while arbitration is pursued.

Transcript

• Hey everybody, John Skiba here. And in this video, I'm going to talk about some of the most commonly asked questions that I have received ever since I put out the video on how to win your debt collection lawsuit by compelling private arbitration. So stick around, I'm going to go over the top three questions that I get on how to compel private arb... Read More

Key Insights

• 🔒 Private arbitration can be used strategically in debt collection lawsuits, as it is expensive and inconvenient for debt buyers and original creditors.
• 🥳 Filing a motion to compel private arbitration allows the parties to resolve the dispute outside of court.
• 🥳 The procedure involves drafting a written request, providing it to the court and the other party, and awaiting a ruling or oral arguments.

Questions & Answers

Q: Can I file for private arbitration if I have already filed an answer to the lawsuit?

Yes, as long as no judgment has been entered and the trial has not started, you can file a motion to dismiss and compel private arbitration.

Q: What is the procedure for invoking a private arbitration clause?

The procedure involves filing a written request with the court through a motion to compel private arbitration, which is then provided to the other party. They have the opportunity to respond, and the court will issue a ruling or set the matter for oral arguments.

Q: Does the private arbitration clause apply in small claims court?

In most jurisdictions, the arbitration clause does not apply in small claims court. However, if there is an attorney involved, it is unlikely to be considered a small claims case.

Q: Are there any resources available to help with the process of compelling private arbitration?

Yes, the video creator offers an online tutorial and a template for drafting a motion to compel private arbitration, which can be accessed through the provided link.

Summary & Key Takeaways

• Private arbitration allows disputes to be resolved outside of the judicial court system using private companies like the American Arbitration Association.

• Debt buyers and original creditors often dismiss cases when forced into arbitration due to the high cost and disruption to their usual process.

• It is still possible to file a request for arbitration even after filing an answer to the lawsuit, as long as no judgment has been entered or trial has started.