I was sued by a JDB concerning an alleged debt that I have paid what I thought was a settlement agreement to satisfy. I am not even going to use that argument since I lost the paperwork associated with it in a move and the OC is no longer in business (WAMU). This alleged debt was bought by Chase before being purchased by the JDB. The total debt is $1,200 + attorney fees and court costs. The CC Agreement only lists NAF and AAA as possible Administrators. I want to send a letter to elect arbitration using AAA. Do I need to have something other than the disputed debt for AAA to accept the case? I can't think of any violations at this point. I want to initiate to keep the attorney from saying I am not serious, delaying, etc. Also, the JDB can't initiate without court order the way I understand it and I am sure they would argue that point to try to defeat my election to use AAA. If I elect arbitration and they contest it, is that a violation since they will be continuing to litigate the matter? It looks like from the arbitration wording from the CC Agreement I have pasted below that I can ask for the fees to be paid. Should I initiate, pay the initial fees, and then ask them to reimburse me in the election letter? Any advice would be appreciated! "Administrator" means the National Arbitration Forum, the American Arbitration Association, or any other administrator mutually agreed upon by you and us. These companies administer arbitration proceedings. Any administrator that maintains a policy that refuses to enforce any part of the Arbitration Provision is not an eligible administrator. The arbitrator will be selected under the Administrators Rules. You can select the Administrator if you give us written notice of your selection with your notice that you are electing to arbitrate any Claim or within 20 days after we give you notice that we are electing to arbitrate any Claim. If you do not select the Administrator on time, we will select one. If for any reason the Administrator you or we select is unable or unwilling to serve or continue to serve as Administrator, or implements or maintains a policy that refuses to enforce any part of this Provision, you will have 20 days to select a different Administrator. Starting an Arbitration: You or we can give written notice of an intention to begin arbitration of a Claim or Claims or to require arbitration of the other party's Claim or Claims. This notice can be given by one party even if the other party has begun a lawsuit. If such a notice is given, any Claim will be resolved by arbitration under this Provision and the Administrator's Rules that are in effect at the time the Claim is filed with the Administrator. The arbitrator must be a lawyer with more than 10 years‘ experience or a retired judge. A copy of the Claim may be obtained from the Administrator or from us. A party who has asserted a Claim in a lawsuit may still elect arbitration with respect to any Claim that is later asserted in the same lawsuit by any other party. All doubts about whether to arbitrate a Claim shall be resolved in favor of arbitration. We will not elect to arbitrate an individual Claim that you bring against us in “small claims“ court. However, we may elect to arbitrate a “small claims“ court Claim that is later removed, sent. or appealed to any different court. Important Limitations: IF YOU OR WE ELECT TO ARBITRATE A CLAIM. YOU WILL NOT HAVE THE RIGHT TO PURSUE THAT CLAIM IN COURT OR HAVE A JURY DECIDE THE CLAIM. ALSO, YOUR ABILITY TO OBTAIN INFORMATION FROM US AND TO APPEAL IS MORE LIMITED IN AN ARBITRATION THAN IN A LAWSUIT. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO NOT BE AVAILABLE IN ARBITRATION. THE FEES CHARGED BY THE ADMINISTRATOR MAY BE HIGHER THAN THE FEES CHARGED BY A COURT. THE SAME LIMITATIONS ALSO APPLY TO US. 1N ADDITION, IF YOU OR WE ELECT TO ARBITRATE A CLAIM: (1) YOU NOR ANYONE ELSE ON YOUR BEHALF CAN PURSUE THAT CLAIM IN COURT IN A CLASS OR REPRESENTATIVE ACTION (SUCH AS A PRIVATE ATTORNEY GENERAL ACTION); (2) NEITHER YOU NOR ANYONE ELSE ON YOUR BEHALF CAN PURSUE THAT CLAIM IN THE ARBITRATION ON A CLASS-WIDE OR REPRESENTATIVE (SUCH A5 A PRIVATE ATTORNEY GENERAL) BASIS; AND (3) CLAIMS BROUGHT BY OR AGAINST ONE ACCOUNT HOLDER (OR JOINT ACCOUNT HOLDERS) MAY NOT BE JOINED TOGETHER WITH CLAIMS BROUGHT BY OR AGAINST ANY OTHER ACCOUNT HOLDER. THESE THREE LIMITATIONS ARE HEREAFTER REFERRED TO AS THE “CLASS ACTION WAIVER." Arbitration Location and Costs: Any arbitration hearing that you attend will take place at a location reasonably convenient to where you live. If you cannot afford to pay the fees charged by the Administrator and the arbitrator or if you believe that such fees are too high, we will consider in good faith any reasonable written request by you for us to pay the fees. We will pay any fees or expenses we are required to pay by law. You will never be required to pay us any fees we have previously paid to the Administrator and the arbitrator. Each party must bear the expense of that party's attorneys. experts, and witnesses. regardless of who wins the arbitration, except to the extent that applicable law or the Administrator's Rules provide otherwise.