Jump to content

Help with Arizona Certificate of Compulory Arbitration


Adalida
 Share

Recommended Posts

I am assisting my parents with a summons they received from HSBC, and attached there is a document titled Certificate of Compulsory Arbitration.

I have searched and searched and I am not 100 percent if there is anything I have to do with this when replying to the summons. This is what it says:

The undersigned certifies that the largest award sought by the complainant, including punitive damages, but excluding interest, attorney's fees and cost DOES NOT(circled) exceed limits set by Local Rule for Compulsory arbitration. This case IS (circled) subject to the Uniform Rules of Procedure for Arbitration.

The amount in question is approximately 15000.00

Thank you all!!!

Link to comment
Share on other sites

You need to find out if ADR/Arbitration is mandatory in Arizona. It is in some states.

If it isn't mandatory...this is not the same thing as included in the cc agreement. The arbitration in the cc agreement is pre-dispute, contractual arbitration, not state-controlled and conducted arbitration. That's what this Certificate seems to be referring to.

Check out the Uniform Rules of Procedure for Arbitration for Arizona as well. Unless ADR/Arbitration (the state-controlled, state-conducted type) is mandatory in Arizona, there is an arbitration clause in the cc agreement and that's they type you want...not the other one (unless its mandatory).

RL

Link to comment
Share on other sites

Thanks for that reply.

I guess the issue I am having is finding out if it is required. I guess I need to just step back for a few and then maybe I can gather my thoughts.

in AZ state court under $50k state arbitration is required but you can file a motion to compel for private arbitrate as per your credit car agreement.

state arbitration is not good :-(

Link to comment
Share on other sites

Guest
This topic is now closed to further replies.
 Share

×
×
  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.. For more information, please see our Privacy Policy and Terms of Use.