So defaulted on a GameStop credit card almost two years ago. There is an arbitration clause in the card agree. Just sent my answer regarding the Intention to Defend notice. My defense will be to try and get it dropped through arbitration. I was told I had to get a granted Motion to Compel Arbitration from the judge before I file with JAMS or AAA. Can anyone shed some more light on how do I format a motion? I'm defending myself
Depends on the arbitration clause. if it applies to failure to pay the balance due (which they often do not), then you file a motion to stay and to compel arbitration, attaching the contract with the arbitration clause, and and identifying for the court where to look and find the clause in the contract that you attach to the motion. You also have to follow the instruction on how to request/initiate arbitration under that clause, or if it fails to provide a procedure to do that, send a certified letter demanding arbitration to the other party and cite the clause. If a specific arbitrator or arbitration service is named in the clause, you send a demand for arbitration to both the opposing party and a copy of that demand with a copy of the contract to that arbitration service together with a letter requesting initiation of the arbitration. Probably, you should do everything at once, and attach copies of your letters demanding and initiating arbitration to your motion to stay. The fact that you filed a notice of intention to defend already could be deemed a waiver of the arbitration right, unless you raised the arbitration clause in the notice of intention to defend. That would have to be argues by the credit card company.
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