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Georgia arbitration questions concerning Chase


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Being sued by Chase via Zwicker in GA for credit card (cc) debt. Have about 10 days left to respond. I have read many posts here of how to answer their 8 or so questions. Arbitration seems to be the way out. I have a few questions though. Thanks for your answers!

My cc account was closed in 4-2010 (and sued in 4-2010) after 6 months of non-payment. I received a new/updated cc agreement/contract in 2-2010 that doesn't say anything about arbitration.

1. Does that mean that because my account was technically still open at that time arbitration is not an option anymore?

2. Or, does my previous agreement that was in effect when I made my last payment apply? (Can they just get rid of arbitration?)

3. Does anyone have the Chase cc agreement previous to the one printed/effected on 2-2010? (I need to see the language about arbitration since it is not mentioned in the 2-2010 cc agreement.)

4. Does my Response to Chase's Complaint (lawsuit) have to be in an absolute specific format? For example, the Complaint I received from Chase/Zwicker has the numbered items (1., 2., 3., etc.) centered on the page. If I don't center my answers (etc.) will my Responses be rejected by the Clerk of Court or the Judge and Summary Judgment issued against me?

Thanks again for your answers!

P.S. Bear is the name of my cat. He is clueless too.

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I found the following in the "Federal Arbitration Act" online: law.cornell.edu/uscode/9/usc_sec_09_00000002----000-.html

TITLE 9 > CHAPTER 1 > § 2

§ 2. Validity, irrevocability, and enforcement of agreements to arbitrate

A written provision in any maritime transaction or a contract evidencing a transaction involving commerce to settle by arbitration a controversy thereafter arising out of such contract or transaction, or the refusal to perform the whole or any part thereof, or an agreement in writing to submit to arbitration an existing controversy arising out of such a contract, transaction, or refusal, shall be valid, irrevocable, and enforceable, save upon such grounds as exist at law or in equity for the revocation of any contract.

So this may answer one of my questions.

Does this mean that once Chase gave you a right to arbitrate they can't take it away later--"irrevocable"--such as in a revised cc agreement?

What does "save upon such grounds as exist at law" mean?

Also, my account was originally a Bank One account. Bank One was bought out by Chase some years earlier?


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Respond to the suit. Also include a motion to compel arbitration. Attach a copy of the cardmember agreement.

Send a separate letter to the opposing attorney and remind them that you have chosen arbitration.

Better yet, initiate arbitration through AAA. Include a copy of the arbitration form with your motion to compel. It will show the judge you are serious.

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