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Hello all:

I'm looking for Bank Of America cardholder agreement between the year 2003 to 2007. Specifically, I'm looking for one that contains language that says that they will pay all arbitration costs and fees and it DOESN'T state that the arbitrator may ask that the I may pay the fees at the end of the arbitration.

I'm preparing for what I think is an impending lawsuit and I want to make sure I have the best agreement for my needs.

Thank you, in advance. :o)

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Hello all:

I'm looking for Bank Of America cardholder agreement between the year 2003 to 2007. Specifically, I'm looking for one that contains language that says that they will pay all arbitration costs and fees and it DOESN'T state that the arbitrator may ask that the I may pay the fees at the end of the arbitration.

I'm preparing for what I think is an impending lawsuit and I want to make sure I have the best agreement for my needs.

Thank you, in advance. :o)

I have BofA agreements from 2004, 2006 & 2008

PM me if you'd like to look at them ...... not sure if they meet your requirements but ....... you're welcome to them.

I just recently got a BofA case dismissed just because I elected arbitration 9 days before trial !!!

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  • 2 weeks later...
Hello all:

I'm looking for Bank Of America cardholder agreement between the year 2003 to 2007. Specifically, I'm looking for one that contains language that says that they will pay all arbitration costs and fees and it DOESN'T state that the arbitrator may ask that the I may pay the fees at the end of the arbitration.

I'm preparing for what I think is an impending lawsuit and I want to make sure I have the best agreement for my needs.

Thank you, in advance. :o)

I have 03 Names JAMS choice of law: Ariz.

I have 04 Names AAA choice of law: Ariz

I have 06 Names NAF choice of law : DE

The 06 is the combined when B of A and MBNA merged to FIA

If you PM me an email I will send you the 03 to see because

of the JAMS factor.

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Either PM Dong III or me with an email addy and either Dong III or I will send it along.

I have the same 06 Agreement as he/she does.

DE law ..... NAF

Mine says that if NAF won't or can't arbitrate .... another forum may be selected ..... JAMS anyone???

Edited by Savoir
opps ......
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  • 5 months later...

Oh I hope this is not too late but I'm in a desperate situation with a trial coming up. I can't pm yet due to me being a newbie. I apologize in advance for bumping an old thread. But Savior, if it's not too much to ask, can I please please get a copy of BOA cardholder agreement for both 2006 and 2008? A good sir in another board referred me to find a copy since I resided in WI and if my state 'is a "choice of law" state. MBNA and Bank of America may have governing or "choice of law" clauses that dictate Delaware law applies no matter where you live." I would forever be in your debt. Thank you good sir!!

Edited by toyfigure99
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Oh I hope this is not too late but I'm in a desperate situation with a trial coming up. I can't pm yet due to me being a newbie. I apologize in advance for bumping an old thread. But Savior, if it's not too much to ask, can I please please get a copy of BOA cardholder agreement for both 2006 and 2008? A good sir in another board referred me to find a copy since I resided in WI and if my state 'is a "choice of law" state. MBNA and Bank of America may have governing or "choice of law" clauses that dictate Delaware law applies no matter where you live." I would forever be in your debt. Thank you good sir!!

Check here - http://www.creditinfocenter.com/forums/arbitration/316083-cardmember-agreement-library.html You'll find what you're looking for in our library! :)++

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Your argument falls under a term called lex loci contractus, which is the Latin term for "law of the place where the contract is made." FIA Card Services (Bank of America) chose to locate in Delaware, and insists on Delaware law in the cardholder agreement. You agreed to it when you accepted the cardholder agreement. There is no reason for a court to undo this, altho some states will. Yours seems not to. Here is a link to case law concerning this, as usual, no credit cards cases.

"choice of law" - Google Scholar

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thank you, thank you so much!!! Now, I just need to find a way to make an argue to use the DE sol using Wisconsin borrowing statue.

Use Wisconsin's borrowing statute.

Also check out their statute of repose.

I'd go over and post at debtorboards regarding this issue as there are others there from Wisconsin that know the specific details regarding what you are looking for. Debtorboards - Sue Your Creditor and Win! - Index

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