Linda7 Posted August 25, 2010 Report Share Posted August 25, 2010 I keep reading and trying to learn about arbitration and keep seeing that it all depends on the state's rules/views on the subject. Is there anyone here who has tried arbitration in the state of Georgia or knows if Georgia is a good state to try this in? Link to comment Share on other sites More sharing options...
RebelLady Posted August 25, 2010 Report Share Posted August 25, 2010 Linda7.As usual (arbitration acts are in one place but when you find them they're in pdf format...grrrr), I can't give you the link but here is where you'll find what you're looking for...CODE OF GEORGIATITLE 9. CIVIL PRACTICECHAPTER 9. ARBITRATIONARTICLE 1. GENERAL PROVISIONSPART 1. ARBITRATION CODEHope this helpsRL Link to comment Share on other sites More sharing options...
Linda7 Posted August 25, 2010 Author Report Share Posted August 25, 2010 RL - bless you! I'm on my way now to take a peek! Thank you!! Link to comment Share on other sites More sharing options...
Linda7 Posted August 25, 2010 Author Report Share Posted August 25, 2010 Good grief! I read it and didn't understand a word of it . . . :linda faints: Link to comment Share on other sites More sharing options...
RebelLady Posted August 25, 2010 Report Share Posted August 25, 2010 If you're considering arbitration, you might want to take a peak at the Federal Arbitration Act of 1925 as well. Then, when "THEY" start telling you what you can and can't do...you will have a point of reference.RL Link to comment Share on other sites More sharing options...
Linda7 Posted August 25, 2010 Author Report Share Posted August 25, 2010 (edited) Thanks for that info too!I have another question . . . in reading, (I may be confused on this), but I saw somewhere the mention of arbitration and forcing the use of Virginia's SOL. I don't know if this was specific to an agreement or not - but, that is what I'm interested in for the moment. Any ammunition would be welcomed! Edited August 29, 2010 by Linda7 Link to comment Share on other sites More sharing options...
RebelLady Posted August 25, 2010 Report Share Posted August 25, 2010 Funny you should mention that. I've just spent the last two hours trying to find the case (grrr...I had it saved on my desktop at one time) where a court tackled the question of choice of law. I just can't find it right now! In that case the court did decide that the choice of law (and I believe it was Virginia law in that case, too) provision called for Virginia law and that was what should have been used to determine the SOL in that case.I'm going to keep looking and will let you know if I find it. I had a claim filed against me last year in NAF just before NAF folded. The Claimant (Plaintiff) had chosen the laws of the state of Delaware so they could collect the highest interest rate (24.9% post judgment in Delaware rather than 8% in my state). Unfortunately for them, the Delaware SOL is three years which made the alleged debt OOS! I guess their greed blew that one for them...lol!!Will let you know if I find that case...RL Link to comment Share on other sites More sharing options...
Linda7 Posted August 25, 2010 Author Report Share Posted August 25, 2010 Thanks, RL! BTW, I'd sure have liked to have seen their faces when they realized they were beyond the SOL! And to think . . . greed did them in! Link to comment Share on other sites More sharing options...
RebelLady Posted August 25, 2010 Report Share Posted August 25, 2010 (edited) Oh but wait...the plot thickens! The alleged debt was dismissed without prejudice by (of all places!!!) NAF and has since been sold to yet another JDB and I'm getting letters from them now, too...lolololOh well...no honor among thieves as they say...lolOh wait, I think I've found it...Capital One Bank USA, NA v GregorichNow if I can just find the transcript...grrrr!!RL Edited August 25, 2010 by RebelLady Link to comment Share on other sites More sharing options...
Linda7 Posted August 26, 2010 Author Report Share Posted August 26, 2010 Yep, I've seen that before. But, in Georgia . . . they won't even go there! The choice of law thing - well, Georgia will view the card as substantive and that will put it right back on our doorstep again! I've cried and whined before . . . it's not fair that you hold in your hand a cardmember agreement that plain out says that Delaware or Virginia laws govern the agreement and so the credit card companies get to reap the high interest. On the other hand, they get to use the other states longer sol to let that high interest accrue! That's just not fair! Link to comment Share on other sites More sharing options...
Peachy Posted August 26, 2010 Report Share Posted August 26, 2010 Hi Linda. I'm in Georgia if you want to PM me. I have one case going to trial in a few weeks after I elected ARB and filed MTC and another which hasn't gone anywhere yet. Link to comment Share on other sites More sharing options...
Linda7 Posted August 26, 2010 Author Report Share Posted August 26, 2010 Hi Linda. I'm in Georgia if you want to PM me. I have one case going to trial in a few weeks after I elected ARB and filed MTC and another which hasn't gone anywhere yet.Peachy, thank you so much! Link to comment Share on other sites More sharing options...
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