AMEX arbitration

[ward bond]

got delivery confirmation (2/24) on a letter I sent AMEX attorney electing arbitration. Today I was served papers from the same attny filing suit for AMEX. The date on the summons was 3/3.

I called this attorney and he said they must have crossed in the mail etc etc. and that if I didnt want to answer the summons, he would not file for a default judgement....( I will file answer, even though I have the conversation recorded)

Beings how the date on the summons is AFTER the date they received my letter electing arbitration, are they in violation of the AMEX contract that states that "once either party elects arbitration, all parties waive rights to further litigation"?

If they are, what kind of remedies are available? Any experiences?

Thanks in advance

[skippy1960]

got delivery confirmation (2/24) on a letter I sent AMEX attorney electing arbitration. Today I was served papers from the same attny filing suit for AMEX. The date on the summons was 3/3.

I called this attorney and he said they must have crossed in the mail etc etc. and that if I didnt want to answer the summons, he would not file for a default judgement....( I will file answer, even though I have the conversation recorded)

Beings how the date on the summons is AFTER the date they received my letter electing arbitration, are they in violation of the AMEX contract that states that "once either party elects arbitration, all parties waive rights to further litigation"?

If they are, what kind of remedies are available? Any experiences?

Thanks in advance

Based on the date they recieved your letter and the date you recieved your summons, attorney's reason sounds legitimate. You should be able to check and see (possibly online) the date they filed the suit. Some jurisdictions you file the suit with the court, then serve summons. Not from you jurisdiction.

Great that you have recording, but I would still answer the complaint based on your rules of civil procedure, be sure to include general denials and affirmative defenses one of which should be "lack of jurisdiction" based on election of arbitration.

Further, review your civil procedures on arbitration while answering the suit. You maybe able to file a Motion to Compel and Stay proceedings based on "private contractual arbitration", you will need to supply copy of card agreement with the arb clause any state statues and Federal Arbitraiton Act.

Once you have done this court should stay, and you will be headed to arbitration. Hopefully you have done your research on why you are going and what you expect to accomplish.

Finally, www.debtorboards.com has a more robust amount of help and information regarding use of arb...

Good Luck

[ward bond]

I am really just buying time, hoping to strengthen my position for a better settlement.

Do I really need to file a motion to compel? Their lawyer acted like arbitration was a done deal....he also mentioned that they (AMEX) will usually come back with a settlement offer.

I do intend to answer the summons, just not sure about all the other stuff.

Thanks

[skippy1960]

I am really just buying time, hoping to strengthen my position for a better settlement.

Do I really need to file a motion to compel? Their lawyer acted like arbitration was a done deal....he also mentioned that they (AMEX) will usually come back with a settlement offer.

I do intend to answer the summons, just not sure about all the other stuff.

Thanks

First, thing to remember is the lawyer you spoke with is not looking out for your intrest but that of the AMEX and himself. I trust very little the opposing lawyer's say verbally, until I have something in writing. There is a reason the collections industry has a weak reputation, and is not because they do what the say....

You may not need to file a MTC right away, but most cases I have seen the otherside isn't really interested in going to private arbitration. You jurisdiction may have a form of state run arbitration/mediation, that the attorney thinks you are asking for. You need to find out how far in the court process you can go prior to waiving your right to private arb via your Civil Procedures and rules.

Finally, in instances where plaintiff's attorney's have agreed they will expect you to initiate, what claim(s) do you have right now? If you eventually file MTC arb, you can ask the court for them to initiate. Doesn't mean the court will force them to, but if you can get it makes settlement terms much stronger for you.....

[ward bond]

(I also posted this on Debtorboards)

Last week, I filed my answer, along with a motion to compel arbitration and a motion to dismiss.

Today in the mail I received a letter from the Clerk of the Court saying:

“The Clerk of this Court is directed to forward a copy of the Defendants Motion to Compel Arbitration and Answer to counsel for Plaintiff.”

Is this normal? The Clerk had already directed me to mail the opposition a copy of everything so this will not be a surprise to them.

There is no mention of my motion to dismiss. Is this good, bad or normal?

I have not heard from the opposition either, but I figured they would take their time.

If anyone has ideas about this, let me know.

Thanks

[Guest usctrojanalum]

Why did you file a motion to dismiss and a motion to compel arb at the same time? Do you see how both of those motions contradict each other?

[ward bond]

The Motion to dismiss was to dismiss their suit against me.

The Motion to compel was to force them into arbitration.

[Guest usctrojanalum]

I understand that, but don't you see if one of those motions is granted - the other one is moot?

[ward bond]

My thinking was to get the judge to compel arbitration and also dismiss the suit. I was under the impression this would not be unusual. I don't see the downside in asking for dimissal rather than a stay.