If your credit card agreement contains an arbitration clause, you may have the right to compel arbitration.

But here’s the critical question:

Can you lose (waive) that right by participating in court first?

The short answer: Yes — you can waive arbitration if you litigate too far before requesting it.

Here’s how it works.

What Is Waiver of Arbitration?

Waiver happens when a party:

• Acts inconsistently with the right to arbitrate, and
• Substantially participates in litigation before requesting arbitration.

Courts generally enforce arbitration agreements — but they do not allow parties to “test the waters” in court and then switch to arbitration later.

Actions That May Trigger Waiver

You may waive arbitration if you:

• File motions addressing the merits of the case.
• Participate in discovery.
• Attend multiple hearings without raising arbitration.
• Delay invoking arbitration strategically.
• Seek affirmative relief from the court.

The longer you litigate before requesting arbitration, the more likely a judge may find waiver.

Does Filing an Answer Waive Arbitration?

Usually no.

Filing an Answer to avoid default generally does not waive arbitration.

However, failing to raise arbitration early can weaken your position.

Best practice:

• Raise arbitration as an affirmative defense.
• File a motion to compel promptly.

Why Timing Matters in Debt Buyer Cases

Debt buyers often:

• File high-volume lawsuits.
• Expect default.
• Move quickly toward judgment.

If you intend to compel arbitration, it should be done early — often before engaging in substantive litigation.

Can the Plaintiff Waive Arbitration?

Yes.

If the debt buyer:

• Litigates extensively in court.
• Conducts discovery.
• Fails to move for arbitration early.

They may waive the right as well.

Waiver cuts both ways.

Bottom Line

Arbitration is a powerful tool — but it can be lost.

If arbitration is part of your strategy in a debt lawsuit, timing is critical.

Raise it early. Preserve it clearly. Act consistently.