If you’re being sued by Midland Funding, Portfolio Recovery, LVNV, Cavalry, Jefferson Capital, or another debt buyer, you may be asking:

Can I force arbitration instead of going to court?
And more importantly — should I?

Here’s how to evaluate that strategy.

Step 1: Check the Original Credit Card Agreement

Most major credit card agreements contain arbitration clauses.

Look for language that says:

• “Either party may elect binding arbitration…”
• “Disputes shall be resolved by AAA or JAMS…”
• “You waive the right to a jury trial…”

If arbitration is included, it may apply — even if the debt was sold.

Step 2: Why Forcing Arbitration Can Change the Case

Debt buyers file thousands of lawsuits because:

• Court filing fees are relatively low.
• Many consumers default.
• Cases move quickly.

Arbitration changes the economics.

If you compel arbitration:

• The debt buyer may have to pay thousands in filing and administrative fees.
• The case moves out of streamlined court procedures.
• It becomes more expensive for them to pursue small balances.

Sometimes that leads to settlement — or dismissal.

Step 3: When Arbitration Might Help

Arbitration may be strategic if:

• The balance is relatively small.
• The debt buyer’s documentation appears weak.
• The plaintiff relies heavily on affidavits.
• You want to increase plaintiff costs.

Step 4: When Arbitration Might Not Help

Arbitration may not be ideal if:

• The plaintiff has strong documentation.
• You prefer a jury trial.
• The clause limits discovery significantly.
• You are unfamiliar with arbitration procedures.

It’s a strategic tool — not an automatic win.

Bottom Line

Forcing arbitration can shift leverage in a debt buyer lawsuit.

But it must be done correctly — and early — to be effective.