How to Win Your Debt Collection Lawsuit by Compelling Private Arbitration (2022 UPDATE) | Summary and Q&A

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January 11, 2022
by
Consumer Warrior
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How to Win Your Debt Collection Lawsuit by Compelling Private Arbitration (2022 UPDATE)

TL;DR

Learn how to use private arbitration to dismiss a debt collection lawsuit, saving time and potentially avoiding court fees.

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Key Insights

  • 🔒 Private arbitration is an alternative to the court system for resolving legal disputes.
  • ⌛ Debt collection lawsuits can take a long time to go to trial, making private arbitration a potentially quicker option.
  • 🪈 Debt collectors often dismiss cases when the court orders private arbitration due to the added expenses and inefficiency.
  • 💳 The Consumer Financial Protection Bureau's website is a valuable resource for finding credit card arbitration clauses.
  • 🥺 Filing a motion to compel private arbitration can lead to the dismissal of a debt collection lawsuit.
  • 🤱 Private arbitration comes with fees for both parties involved, but those fees may be worth it for a quicker resolution.
  • 💼 It is advisable to consult with an attorney in your state for specific legal advice regarding private arbitration in debt collection cases.

Transcript

hey everybody john skiba here from the consumer warrior youtube channel and in this video this is the second video in a five part series i'm doing on how to defend debt collection lawsuits and in this video we're going to show you how to get your case dismissed by asking the court to compel private arbitration but if this is your first time here to... Read More

Questions & Answers

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

Private arbitration is the privatization of the court process, where disputes are resolved by a private company instead of the court. It can be more efficient and quicker than the court system but comes with additional costs.

Q: Why would I choose private arbitration for a debt collection lawsuit?

Private arbitration can be advantageous in debt collection cases due to its potential speediness. Court cases can take a long time to resolve, while private arbitration can offer a quicker resolution, even though it may be more expensive.

Q: How can I invoke private arbitration for my debt collection case?

If your credit card agreement includes an arbitration clause, you can file a motion to dismiss and compel private arbitration. The court may dismiss your lawsuit and require you and the creditor to proceed with arbitration.

Q: When should I file a motion to dismiss and compel private arbitration?

It's recommended to file the motion instead of an answer at the beginning of the case. However, in some situations, you can file the motion even if you have already filed an answer. Check the arbitration clause and consult with an attorney to determine the best course of action.

Summary & Key Takeaways

  • Private arbitration is an alternative dispute resolution process offered by companies like the American Arbitration Association and JAMS.

  • It can be more efficient and quicker than going through the traditional court system for resolving legal disputes, especially in debt collection cases.

  • By filing a motion to compel private arbitration, you can ask the court to dismiss your debt collection lawsuit and proceed with arbitration instead.

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