Summary: Are you being sued for an old debt? Learn how to make a motion to compel arbitration in Florida.
Have you been sued over unpaid debt in Florida? If so, don't panic; you may be able to avoid going to court by filing a motion to compel the debt collector into an arbitration. If granted, both of you will appear before an arbitrator who'll hear the case and provide a binding ruling.
What is arbitration?
Arbitration is a form of conflict resolution that avoids traditional court proceedings. Instead, the parties involved in the conflict appear before one or more arbitrators, usually out of court, where the matter is resolved with a binding decision.
The arbitration process is often cheaper, faster, and private compared to litigation. Many people, however, confuse arbitration with the mediation process. Although both processes are held out of court, meditation doesn't end in a binding agreement.
The mediator only helps the parties reach an agreement but doesn't have the power to decide the case or force either party to agree or participate in the process.
Use SoloSuit to respond to a debt collection lawsuit in 15 minutes.
How debt arbitration works
Debt arbitration is sometimes referred to as debt negotiation or debt settlement, and it offers a real-world solution to an unrelenting debt dispute. This is when a creditor and client agree to settle the debt out of court for a lesser amount, presided over by an arbitrator.
The process can be initiated by the creditor, client, or sometimes through a court order. It usually occurs if several debt collection efforts by the creditor, including a lawsuit, fail to work.
If you'd like to initiate the arbitration process, you must understand the preceding conditions of the process. The Florida state laws have a slightly different way of handling arbitration cases when compared to federal laws.
However, the basic elements for arbitration are:
- An existing contract with an arbitration provision.
- A legal dispute falls within the scope of the arbitration agreement.
- The party intends to use arbitration to settle the dispute.
- The location of the arbitration tribunal, often mentioned in the arbitration clause.
- Type of court to pursue the tribunal; either the state or the federal court. Some arbitration clauses mention the type of court to be used for the process.
In Florida, the state arbitration laws slightly differ from the federal arbitration laws. You'll also need to find out what each law says about your specific type of arbitration or, better yet, seek the help of an attorney who is conversant with these procedures.
Make the right defense with SoloSuit and win your case.
How to make a motion to compel arbitration in Florida
These are the steps to follow once you've collected enough information needed for the arbitration process.
1. Draft a petition compelling for an arbitration
In this petition, you should state all the facts about the dispute and the intention of the arbitration. The petition will also include the following:
- The text of the arbitration agreement.
- A request for an arbitration order for the other party.
- Identities of the parties of the lawsuit.
- Notice of hearing.
- The court's jurisdiction over the lawsuit.
- Your signature.
2. File the petition
The next step is to file the original petition with the court's clerk personally or through your lawyer. Bear in mind that you may be required to pay filing fees.
3. Schedule the hearing
A notice of hearing should be filed along with the petition, honoring the five days of notice provided by the Federal Arbitration Act (FAA).
4. Notify the other party
It's your responsibility to notify the other party of the arbitration using the right methods of service. The notice must include the following:
- Summons (an order to appear before a judge).
- Copy of the complaint.
- Notice of hearing.
But if you choose to file via SoloSuit, the software will notify the other party on your behalf.
5. Attend the hearing
At the hearing, the judge will determine the validity of the arbitration agreement, and the issues presented. If these issues aren't conflicting, the judge will issue an order to compel the arbitration.
However, in the event of a dispute, the case will go to trial to determine whether the agreement is valid and if either of the parties violates any of the agreements.
Is an arbitration decision final?
The decision of the arbitration is final and legally binding. The final decision of the case is called an award and has a similar impact as the decision by a jury or a judge in a common court case.
After both parties have presented their evidence and arguments, the arbitrator will close the hearings disallowing further arguments or evidence from being presented. Afterward, the award will be sent to the parties within 14 to 30 days after the end of the hearing.
Both parties must honor the award even though the arbitrator can't impose any authority on either party to obey the award. However, if one party fails to honor the arbitration, the other party can proceed to court to confirm the arbitration award.
Win in court by responding to a debt collection lawsuit with SoloSuit.
Advantages of Arbitration over Litigation
Many debt collectors and their clients often settle for arbitration over litigation because of the various advantages of the process. These include:
- Cost-Effective. Arbitration is often cheaper because it's shorter, eliminating the expensive costs of interrogating witnesses, among other pre-trial processes.
- Privacy. Arbitration proceedings are done privately without the scrutiny of the public.
- Soundness of judgment. Arbitrators are usually selected by the parties involved and carry on the case from start to finish, unlike litigation, where the cases can be assigned to different judges.
- Joinder of Parties. Both parties reach a common agreement, unlike in litigation, where the ruling is often in favor of one party over the other.
Being sued for a debt in Florida isn't the end of the world - you have so many options to consider. However, knowing what to do and when to do it is what matters most. If you need help making a motion to compel arbitration in Florida, SoloSuit is here to help in three simple steps.
All you need to do is answer a few simple questions regarding your story. Then, an actual customer protection attorney will review your entire answer document. When done, SoloSuit will file your answer for you and print two copies - one for the court and the other for the plaintiff.
What is SoloSuit?
SoloSuit makes it easy to respond to a debt collection lawsuit.
How it works: SoloSuit is a step-by-step web-app that asks you all the necessary questions to complete your answer. Upon completion, you can either print the completed forms and mail in the hard copies to the courts or you can pay SoloSuit to file it for you and to have an attorney review the document.
Respond with SoloSuit
"First time getting sued by a debt collector and I was searching all over YouTube and ran across SoloSuit, so I decided to buy their services with their attorney reviewed documentation which cost extra but it was well worth it! SoloSuit sent the documentation to the parties and to the court which saved me time from having to go to court and in a few weeks the case got dismissed!" – James
>>Read the FastCompany article: Debt Lawsuits Are Complicated: This Website Makes Them Simpler To Navigate
>>Read the NPR story on SoloSuit: A Student Solution To Give Utah Debtors A Fighting Chance
How to answer a summons for debt collection in your state
Here's a list of guides for other states.
All 50 states.
Guides on how to beat every debt collector
Being sued by a different debt collector? We're making guides on how to beat each one.
Win against credit card companies
Is your credit card company suing you? Learn how you can beat each one.
Going to Court for Credit Card Debt — Key Tips
How to Negotiate Credit Card Debts
How to Settle a Credit Card Debt Lawsuit — Ultimate Guide
Get answers to these FAQs
Need more info on statutes of limitations? Read our 50-state guide.
Why do debt collectors block their phone numbers?
How long do debt collectors take to respond to debt validation letters?
What are the biggest debt collector companies in the US?
Is Zombie Debt Still a Problem in 2019?
If a car is repossessed, do I still owe the debt?
Is Portfolio Recovery Associates Legit?
Is There a Judgment Against Me Without my Knowledge?
Should I File Bankruptcy Before or After a Judgment?
What is a default judgment?— What do I do?
Summoned to Court for Medical Bills — What Do I Do?
What Happens If Someone Sues You and You Have No Money?
What Happens If You Never Answer Debt Collectors?
What Happens When a Debt Is Sold to a Collection Agency
What is a Stipulated Judgment?
What is the Deadline for a Defendant's Answer to Avoid a Default Judgment?
Can a Judgement Creditor Take my Car?
Can I Settle a Debt After Being Served?
Can I Stop Wage Garnishment?
Can You Appeal a Default Judgement?
Do I Need a Debt Collection Defense Attorney?
Do I Need a Payday Loans Lawyer?
Do student loans go away after 7 years? — Student Loan Debt Guide
Am I Responsible for My Spouse's Medical Debt?
Should I Marry Someone With Debt?
Can a Debt Collector Leave a Voicemail?
How Does Debt Assignment Work?
What Happens If a Defendant Does Not Pay a Judgment?
How Does Debt Assignment Work?
Can You Serve Someone with a Collections Lawsuit at Their Work?
What Is a Warrant in Debt?
How Many Times Can a Judgment be Renewed in Oklahoma?
Can an Eviction Be Reversed?
Does Debt Consolidation Have Risks?
What Happens If You Avoid Getting Served Court Papers?
Does Student Debt Die With You?
Can Debt Collectors Call You at Work in Texas?
How Much Do You Have to Be in Debt to File for Chapter 7?
What Is the Statute of Limitations on Debt in Washington?
How Long Does a Judgment Last?
Can Private Disability Payments Be Garnished?
Can Debt Collectors Call From Local Numbers?
Does the Fair Credit Reporting Act Work in Florida?
The Truth: Should You Never Pay a Debt Collection Agency?
Should You Communicate with a Debt Collector in Writing or by Telephone?
Do I Need a Debt Negotiator?
What Happens After a Motion for Default Is Filed?
Can a Process Server Leave a Summons Taped to My Door?
Learn More With These Additional Resources:
Need help managing your finances? Check out these resources.
How to Make a Debt Validation Letter - The Ultimate Guide
How to Make a Motion to Compel Arbitration Without an Attorney
How to Stop Wage Garnishment — Everything You Need to Know
How to File an FDCPA Complaint Against Your Debt Collector (Ultimate Guide)
Defending Yourself in Court Against a Debt Collector
Tips on you can to file an FDCPA lawsuit against a debt collection agency
Advice on how to answer a summons for debt collection.
Effective strategies for how to get back on track after a debt lawsuit
New Hampshire Statute of Limitations on Debt
Sample Cease and Desist Letter Against Debt Collectors
The Ultimate Guide to Responding to a Debt Collection Lawsuit in Utah
West Virginia Statute of Limitations on Debt
What debt collectors cannot do — FDCPA explained
Defending Yourself in Court Against Debt Collector
How to Liquidate Debt
Arkansas Statute of Limitations on Debt
You're Drowning in Debt — Here's How to Swim
Help! I'm Being Sued by My Debt Collector
How to Make a Motion to Vacate Judgment
How to Answer Summons for Debt Collection in Vermont
North Dakota Statute of Limitations on Debt
ClearPoint Debt Management Review
Indiana Statute of Limitations on Debt
Oregon Eviction Laws - What They Say
CuraDebt Debt Settlement Review
How to Write a Re-Aging Debt Letter
How to Appear in Court by Phone
How to Use the Doctrine of Unclean Hands
Debt Consolidation in Eugene, Oregon
Summoned to Court for Medical Bills? What to Do Next
How to Make a Debt Settlement Agreement
Received a 3-Day Eviction Notice? Here's What to Do
How to Answer a Lawsuit for Debt Collection
Tips for Leaving the Country With Unpaid Credit Card Debt
Kansas Statute of Limitations on Debt Collection
How to File in Small Claims Court in Iowa
How to File a Civil Answer in Kings County Supreme Court
Roseland Associates Debt Consolidation Review
How to Stop a Garnishment
Debt Eraser Review
Do Debt Collectors Ever Give Up?
Can They Garnish Your Wages for Credit Card Debt?
How Often Do Credit Card Companies Sue for Non-Payment?
How Long Does a Judgement Last?
How Long Before a Creditor Can Garnish Wages?
How to Beat a Bill Collector in Court