FightBackNow Posted January 10, 2012 Report Share Posted January 10, 2012 (edited) In my answer to the complaint I specifically stated the existence of an arbitration agreement and plan to file a motion to dismiss pending arbitration. The alleged debt defaulted in 2009 and the cardholder agreement included in the complaint is also from 2009 specifically listing AAA of Naf as arbitration options. I would like to initiate with JAMS instead of AAA for obvious reasons. How do I go about this?Is there another Discover cardholder agreement I should use in the motion which includes JAMS as an option? I found one from 2010, would that work even though the default was in 2009? Is there another cardholder agreement from a different year that would be better to force JAMS?Thanks in advance..... Edited January 13, 2012 by FightBackNow Link to comment Share on other sites More sharing options...
Savoir Posted February 5, 2012 Report Share Posted February 5, 2012 I'd like to know the answer to this also as my CCA lists NAF as the arbitrator. It also says that if NAF is unable or unwilling to arbitrate, another arbitrator would be substituted. Link to comment Share on other sites More sharing options...
lheart Posted February 6, 2012 Report Share Posted February 6, 2012 Not likely to happen. If JAMS is not listed, there is no way to force them to use JAMS. You can ask them, but you cannot force them. Link to comment Share on other sites More sharing options...
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