Linda7

I need to ask some questions

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Sorry gang - I need to ask some random questions and I need to use your thinking as I'm under the weather and I'm having trouble trying to read and concentrate. I can't even think of all my questions at one time, so I'll be back and post more as I'm able.

If you elect arbitration and say the other side invokes it, "where" might these meetings be held? Will they have to keep them close to the consumer?

Also, when trying to decide what "year" agreement you need - do you use when the account was opened or the year you defaulted?

Sorry to ask so many questions, but I'm weak and can't sit up long enough to do research or even understand much of what I'm reading.

Thank you all in advance! BTW, any help understanding this for the state of Georgia would be greatly appreciated! :)++

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Sorry gang - I need to ask some random questions and I need to use your thinking as I'm under the weather and I'm having trouble trying to read and concentrate. I can't even think of all my questions at one time, so I'll be back and post more as I'm able.

If you elect arbitration and say the other side invokes it, "where" might these meetings be held? Will they have to keep them close to the consumer?

Also, when trying to decide what "year" agreement you need - do you use when the account was opened or the year you defaulted?

Sorry to ask so many questions, but I'm weak and can't sit up long enough to do research or even understand much of what I'm reading.

Thank you all in advance! BTW, any help understanding this for the state of Georgia would be greatly appreciated! :)++

I know with JAMS you get to have the meeting where you want. I choose my home town.

The year you defaulted.

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Karen is right on track, I would only add the following-

Location can be affected by card agreement and forum you choose. They are generally pro-consumer, but realize that you may need to drive some distance I have seen nothing that says they have to come to your home town although this maybe argued with the arbitartor if a good reason.

Agreement Date- Best case scenario is the year you defaulted or breached the contract, which is the month you missed your minimum payment and never cured the breach by paying all that was due to bring the account current.

My opinion is the first party to court that says this is the controling aggreement has the best chance of the the court accepting that as the true and correct copy.

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Thank you, both!

Skippy, the part about the first one to court with the agreement - how can you make that happen? Should a person send with a DV letter the copy they plan on using, hopefully to get it nipped in the bud right there? Or even if they will go with arbitration - maybe you will have steered them with the agreement you want to use instead of them saying, "Okay we'll do arbitration and according to our cardmember agreement, it says you will initiate and pay a ton of costs and blah, blah, etc. . . . "

Or if it doesn't or if that is not when to show the agreement and you are served a summons, when you answer - do you then attach a copy for the court to see?

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The arbitration forum determines the rules for consumer arbitration. If the contract does not meet their minimum standards, the forums rules override the contract. Since this is a private forum, it is based on a contract between the companies and the forums. THEIR contract with the forum says, the forums rules overrides the contract language.

JAMS consumer rules:

http://www.jamsadr.com/rules-consumer-minimum-standards/

Number 7 for fees.

AAA consumer cost:

http://www.adr.org/sp.asp?id=22039

Don't guess read them. The are both very clear about who pays what.

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