Mickey Posted August 19, 2011 Report Share Posted August 19, 2011 HeyI stay in Ga and is being sued by Capital one. I was researching and found the paragraph below. I have an Arbitration clause in the agrreement they attached to my summon. The alleged debt was May 2008. Can I use virginia law and the the SOL thing because I think Virginia law SOL is 3 yearsThanks for ur time""""Generally, JAMS arbitrators will apply the law in the contract:This is good and bad.Good if its VA, DE, or AZ law on contract. (Chase, Discover, B of A, Cap 1) All 3 year SOL. Bad if its ND or SD. 6 year SOL (Citi and U.S. Bank use those states) So-so if NV or UT (AMEX and HSBC) --4 year SOLSo if 3 year SOL makes it out of statue....yes, you should hold creditor attorney's hand and sing "cum by ya" when they want arbitrator to resolve conflict of law issues with contract law state. (Arbitrator may also be impressed by your cooperation at 1st scheduling conference)So if in a state with longer SOL, but your state does not import shorter contract law limitation, then ARBITRATION IS A BRILLANT LEGAL MOVE TO GET THE SHORTER LIMITATION! Arbitrators will rarely apply your home state law.""" Link to comment Share on other sites More sharing options...
Linda7 Posted August 19, 2011 Report Share Posted August 19, 2011 I have also seen that, but have yet to see it argued and won as Capital One hasn't proceeded further in the cases I've watched, to see if that argument will hold up. However, that being said - I would use that in my argument with Capital One if they proceeded in arbitration.They will most often stop pursuing the debt (if the debt is small enough) when arbitration is properly elected.What is the ballpark amount of your debt?What is the year of the agreement they attached? Link to comment Share on other sites More sharing options...
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