Binding Arbitration clause / Void Contract?

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snwyvern

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Hi there. I'm representing myself pro se tommorrow and have a couple of points that my own research has not bore fruit on:

I believe that my lease agreement is/was void because it was not signed by the dealer / agent of the finance company (or anybody, for that matter...) There is verbage on the contract to that effect. Am I correct in my assertion that the contract is void because of this oversight?

Also on the contract is a binding arbitration agreement, if the magistrate deems the contract is enforceable and does not 'see things our way' as far as agreements that were made with the finance company after the inception of the note-- When is it too late to move to dismiss based on that binding arbitration? (Not the best way out-- It would be dismissed without prejudice I think)

Thanks.
 
An update for those of you who are interested:

The details of the case are in a prior post by myself. The County Court magistrate "refuses to hear legal defenses or claims by someone who is not an attorney." As such, the capability of disputing the debt was tossed out the window, as well as any legal defense for the validity of the contract as an enforcable instrument...

... The magistrate offered to grant a continuance to allow us (defendant) to hire an attorney, but 'locked' the answer and counterclaim as well as 'locked out' the arbitration agreement that is on the (disputed) contract.

Soooooo... I'm now looking for a consumer law attorney that can ressurect my counterclaim, and then assert a suit against the collection attorney.
 
Bumping, to serve as a strong warning against doing things pro se;

... We were unable to find a competent attorney that knows anything about FDCPA/CFDCPA violations and what they mean WITHOUT having to shell out a $3,000-$4,000 retainer. The best "free" advice from these attorneys has been to take it in the shorts for what is claimed to be owed (i.e., settle) to avoid any further judgments and the probability of garnishment, etc... before hiring a litigant (them) to sue to the collector directly for what can be established as fact. This advice was for two primary reasons... The "District Court" magistrate was unfamiliar with the FDCPA/CFDCPA and a jury trial was waived...

...
 
While representing yourself is unwise I am not so sure that it can be forbidden. Return to court on the next date prepared to represent yourself and inform the court that you have been unable to secure private counsel. In the event they proceed and rule against you there may be grounds for appeal for inadequate counsel!

I am not so certain that the lack of your signature will save you anyway. If it can be shown that you had knowledge of the agreement then perhaps the oversight of the signature will be overlooked. Mistakes happen. Hopefully you have more to your defense than the missing signature.
 
As a last ditch I'm filing a motion to dismiss with the relevant State and Federal laws cited.

Thank you for your input.
 
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