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Do I need to attend court hearing after filing motion to compel arbitration?

I have received a summons on a consumer debt account with Synchrony Bank as the Plaintiff.  There is an arbitration clause.  I have a court date set for April 4th.  If I get your help with filing the motion, do I still need to appear in court or will your document be worded in a way that will not require me to attend my court hearing set on April 4th?

Your site states many debt collectors will simply give up after receiving a motion to compel arbitration.


Best Answer

Hi Eric Billock, what state is the lawsuit in? 


It sounds like you've been sued for a debt and you're interested in filing a Motion to Compel Arbitration (MCA). 


Generally, we find it safest to first file an Answer and then to file an MCA. You can complete an MCA using our site at solosuit.com/more_documents. At this time, we aren't able to file the MCA for you. Some states have weird requirements that we aren't able to complete for customers yet. 


It's difficult to say whether an MCA will get you out of that court date. If that hearing is essentially the trial, then the MCA may get you out of it. Once the MCA is filed, the other side can contest. Then a judge needs to rule on it. If the MCA is granted, which it should be considering your contract, then the hearing would be pointless and should be cancelled by the court. 


But, there might be a hearing to discuss the MCA. 


Either way, in most cases, it's a good move to file the MCA and assert your contractual rights and make it more expensive for the collector to come after you.   

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Answer

Hi Eric Billock, what state is the lawsuit in? 


It sounds like you've been sued for a debt and you're interested in filing a Motion to Compel Arbitration (MCA). 


Generally, we find it safest to first file an Answer and then to file an MCA. You can complete an MCA using our site at solosuit.com/more_documents. At this time, we aren't able to file the MCA for you. Some states have weird requirements that we aren't able to complete for customers yet. 


It's difficult to say whether an MCA will get you out of that court date. If that hearing is essentially the trial, then the MCA may get you out of it. Once the MCA is filed, the other side can contest. Then a judge needs to rule on it. If the MCA is granted, which it should be considering your contract, then the hearing would be pointless and should be cancelled by the court. 


But, there might be a hearing to discuss the MCA. 


Either way, in most cases, it's a good move to file the MCA and assert your contractual rights and make it more expensive for the collector to come after you.   

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