When one side files a motion, the other side usually files a memorandum in opposition.

Authorities cited in motions and memoranda are mostly rules of procedure, statutes, and case law:

By what "authority" did you amend your answer?

I take it that the arbitrator has yet to rule on your motion. If so, chill.  //

I hope you can make this case go away for good via SOL defense in November court hearing.

I’m not doing anything for them other than sharing 101 level knowledge and telling them to take deep breaths and relax.  The only advice I’ve given to date is to request copies of the case filings and NOT to call the JDB (the debtor’s first inclination) on the phone.

Honestly, your “pull yourself up by the bootstraps” attitude in so many threads here is counterproductive and seriously rubs me the wrong way.  I’m not trying to do the work for them, this is the last thing I want to deal with.  I’m simply trying to explore options, determine if they’re apt to remain judgment proof when their settlement happens, and keep them from shooting themselves in the foot.

Flipping through the proverbial “yellow pages” is a waste of time.  There are no attorneys in a three hour radius that would take this on contingency.  At this point there’s nothing to take, no obvious FDCPA violation or other low hanging fruit, so they’d be paying a retainer, which they don’t have, even if they could find a good attorney, which is a roll of the dice.  Think West Virginia, but more rural, more burnt out, and more brain drained.  The only good thing, if you can call it that, is that the JDB’s lawyer probably comes from the same pool of local incompetence.

Yes, we do have more knowledge than most attorneys who have never addressed the subject with any consistency.  After all, that the subject that we deal with hear.

And as for waiving the right to arbitration?  Most states don't have statutes that state that it can be waived, but meaningful participation in the court proceedings IS view as a tacit waiver of the contractual right to arbitrate.

Here's a reasonable discussion of the issue:  http://www.robertmhall.com/articles/WaivArbRights.htm

Yes, I agree. It is based on the judge and his/her knowledge of the law. In Virginia there is no law that states that the right to arbitration can be waived. The same is true in federal law. According to the law you should be able to bring the MTC arbitration any time you want. There is no article/section in Virginia law or Federal Law that states arbitration can be waived, unless until waiver is in arbitration agreement itself. Most District Courts are good for Tenant and Landlord cases, or the dog ate my cheese kinda cases, when it comes to arbitration, they have no awareness of the law. Again my opinion. I found that the people in this form have more knowledge of arbitration law than the attornies and courts.

The clerk's comment was likely a statement of clerical fact, not legal advice.

As for helping your friend a continent away, wouldn't it be better for you to help your friend to find a lawyer in a near-by town?

Long-distance UPL is not something you want to get into.