Thank you all for your input. I like both supporting and dissenting opinions, as it is helpful to both reassure that I am on the right track, and also gives me an idea of what the opposition will throw at me.
The FDCPA claim against the debt collector attorney's legal assistant is a separate claim than the original CITI complaint. I filed against CITI in JAMS almost 2 month ago now.
My exact wording for the arbitration election was
Any underlying arbitration clause associated with this alleged account is hereby invoked. I hereby ELECT arbitration to resolve all disputes between us.
The original violations against the legal assistant were for FDCPA violations in collection of the alleged CITI debt.
I decided to sue the legal assistant per the contract in small claims under the small claims exemption previously mentioned.
I figured that the law firm would come to her defense and have it removed from small claims.
I originally just thought it was going to be my way of getting the legal assistant into JAMS, but after reviewing the events, I also believe the act of removing it to circuit court was a violation in and of itself.
It is not the first and only violation, but it is added to the list of continuing violations. It just adds to my growing list of violations that this firm has done in collecting for CITI, and not reading the contract that they are collecting upon.
pc1978, thank you for your input. Per the contract that the law firm is trying to collect upon, I quote the following.
Claims Covered
What Claims are subject to arbitration? All Claims relating
to your account, a prior related account, or our relationship
are subject to arbitration, including Claims regarding the
application, enforceability, or interpretation of this Agreement
and this arbitration provision. All Claims are subject to arbitration,
no matter what legal theory they are based on or what remedy
(damages, or injunctive or declaratory relief) they
seek. This includes Claims based on contract, tort (including
intentional tort), fraud, agency, your or our negligence,
statutory or regulatory provisions, or any other sources of
law; Claims made as counterclaims, cross-claims, thirdparty
claims, interpleaders or otherwise; and Claims made
independently or with other claims. A party who initiates
a proceeding in court may elect arbitration with respect to
any Claim advanced in that proceeding by any other party.
Claims and remedies sought as part of a class action, private
attorney general or other representative action are subject to
arbitration on an individual (non-class, non-representative)
basis, and the arbitrator may award relief only on an individual
(non-class, non-representative) basis.
Whose Claims are subject to arbitration? Not only ours and
yours, but also Claims made by or against anyone connected
with us or you or claiming through us or you, such as a
co-applicant or authorized user of your account, an employee,
agent, representative, affiliated company, predecessor or
successor, heir, assignee, or trustee in bankruptcy.
So from above, you can see the that law firm, and their employees trying to collect upon the alleged debt would also be subject to the arbitration clause in the contract.
