That is the direction that they'd like to go. But which contract? Don't believe that every credit card company has a single contract that they keep everyone agreeing to. Some contracts have various terms, including required arbitration or no mention of arbitration. If you wonder what your options are, you might want to see the actual contract, not SOME contract. This isn't really true although the judge is likely to favor it since it's something that he understands and has dealt with probably thousands of times. Generally speaking, people who file lawsuits against judges don't just make that mistake. It shouldn't put you in a jail for a year, however, unless there is more than just the lawsuit. There you go, Always Look On The Bright Side Of Life. Dumb Bob thinks that getting a lawyer and making the arguments before the judgment is entered and then appealing if necessary is more sensible but everyone has their own views. What is the basis for the federal lawsuit? If it's some civil rights complaint or some claim about other constitutional rights being violated, that's going to be a tough sell. Of course the other side might decide you are too crazy to bother with. I suppose acting insane might work. Remember how Max Klinger used to try to get a Section 8 to go home from the Korean War by wearing a dress? You could put your underwear on your head and stick pencils up your nose. There are a lot of options. Dumb Bob doesn't see an (f): Federal Rules of Civil Procedure - Rule 25 (LII 2007 ed.)
Just so happens that the lady was stopped by the County Mountie shortly after filing her lawsuit for speeding. Then they searched her car and found prescription medications in her purse and charged her with DUI. The judge sentenced her to a year. Her attorney argued that due to her health she should be allowed house arrest. The judge replied, "Do you really think that I'm going to give her house arrest after she sued me? Forget it. She is going to jail and she will stay there for the full 365 days." No, I'm sure you don't. The problem is that the 5 key is right next to the 6 key. Its called a typo. Rule 26(f)