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Question on a potential FDCPA/FAA violation

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Midas10k:
Here's a nuance:  technically, the opposing counsel needs to try and oppose my MTC arb on the off-chance that he can get the judge to twist some appellate case in this State to fit his argument.

Does the SCOTUS ATT/Concepcion ruling overule all State decisions?

In this regard, technically, has an FDCPA/FAA violation been committed at this point?  I can see that, if the judge grants the motion and the opposing side continues to try and litigate, then violations have been committed.  That's crystal clear.  But what about simply filing a procedural response to my MTC?

CleaningUp:

--- Quote from: Midas10k on April 25, 2012   12:15:26 AM ---
...Does the SCOTUS ATT/Concepcion ruling overule all State decisions?...


--- End quote ---


SCOTUS decisions are binding in all jurisdictions.

Midas10k:
In other words, if the contract has an arbitration clause, and there's nothing in the State RCP that automatically waves your ability to elect arbitration, then there's no way that County Court judge can deny an MTC arbitration unless the respondent can pull a rabbit out his hat and say the contract is not the contract that was in force at the time of the default with the OC?

And in my case, the Plaintiff's attorney attached a copy of the contract he based his case on to the case filing.

lisser:

--- Quote from: Midas10k on April 25, 2012   02:57:16 AM ---In other words, if the contract has an arbitration clause, and there's nothing in the State RCP that automatically waves your ability to elect arbitration, then there's no way that County Court judge can deny an MTC arbitration unless the respondent can pull a rabbit out his hat and say the contract is not the contract that was in force at the time of the default with the OC?

And in my case, the Plaintiff's attorney attached a copy of the contract he based his case on to the case filing.

--- End quote ---

The only term I can vouch for when I say a judge can and will deny your MTC is litigation conduct.

Well that and it being "just not your day" or you're delaying. I'm still having a hard time finding the RCP that states Tuesdays are "not your day" rule or anything about delay being relevant.

If you get a judge like I'm appealing, you could flip a coin and get a better read on how your motion will go.

Midas10k:
It seems that in your case, if the judge's decision is not based in law, you have FAA/FDCPA violations all over the place.

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