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Arbitration Overview and Strategy (2018 - Most Up To Date Info)


fisthardcheese

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1 hour ago, Neo9 said:

In my situation, the SOL has ran out on all collection claims.  However, the SOL has not run out on violations committed by said collectors during the original collection period.

To offer more specificity to your original question, since it may benefit the forum as a whole, the reason I am looking to pursue arbitration on some of these claims is numerous:

(1) I have in excess of a dozen cases against previous collectors, OCs, and CRAs;
(2) Many of these potential defendants are extremely weak opponents, who were attempting to collect small sums, and will most certainly not be interested in paying for both an attorney and arbitration fees;
(3) Many of these claims are closer to the SOL than others, and would need to be filed quickly and easily;
(4) Some are more robust than others, and I don't want to overwhelm my attorney or file too many civil complaints in my county so as to risk looking too litigious or "cottage industry"; 
(5) Arbitration seems more expensive than court given that defendant is paying arb fees plus attorney fees (whether on retainer, annual or otherwise, it's still a cost); and
(6) Arbitration seems easier than Pro Se civil complaint.

Each situation is really a combination of multiple factors on a case-by-case basis looking at what I will have my attorney doing (and be doing myself) simultaneously and as a whole.

 

Filing a complaint in court before the SOL has passed on the violations would toll the SOL on those claims.  However, some courts have ruled that filing in arbitration does not toll the SOL.  

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19 hours ago, BV80 said:

Filing a complaint in court before the SOL has passed on the violations would toll the SOL on those claims.  However, some courts have ruled that filing in arbitration does not toll the SOL.  

Ahhh, I see.  Sorry for my confusion on your previous point.

Essentially meaning that, should I file arbitration and said arb drags out beyond the original SOL for violation, they would have legal course to have the arb case dismissed?  If so, I shall carefully look into that.
 

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2 minutes ago, Neo9 said:

Ahhh, I see.  Sorry for my confusion on your previous point.

Essentially meaning that, should I file arbitration and said arb drags out beyond the original SOL for violation, they would have legal course to have the arb case dismissed?  If so, I shall carefully look into that.
 

Well, I was thinking more along the line if the arbitration was closed for their nonpayment.  At that point, you would need to file a MTC with a court to order them to arbitrate.  If the SOL has passed, the court could let the arbitrator determine the SOL issue.  But the arbitrator could also say that it’s too late.

In Fonseca v. USG, the 5th Circuit Court of Appeals said that arbitration does not toll the SOL. It stated that a person should file a claim in court then seek a stay of the action pending arbitration.  “Such a course would have guaranteed that the lawsuit was brought within the limitations period without waiving any right to arbitration which may have existed." Fonseca v. USG Ins. Servs., 467 Fed.Appx. 260, 261 (5th Cir.2012).

Here is what the 8th Circuit has decided.

We conclude that pursuit of arbitration did not toll the federal statute of limitations.” Zarecor v. Morgan Keegan & Co., 801 F.3d 882, 889 (8th Cir. 2015).  “A plaintiff who pursues arbitration is not required to await the outcome to bring an action in court, and there is an accepted procedure for pursuing arbitration and a lawsuit simultaneously.”

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11 minutes ago, BV80 said:

Well, I was thinking more along the line if the arbitration was closed for their nonpayment.  At that point, you would need to file a MTC with a court to order them to arbitrate.  If the SOL has passed, the court could let the arbitrator determine the SOL issue.  But the arbitrator could also say that it’s too late.

In Fonseca v. USG, the 5th Circuit Court of Appeals said that arbitration does not toll the SOL. It stated that a person should file a claim in court then seek a stay of the action pending arbitration.  “Such a course would have guaranteed that the lawsuit was brought within the limitations period without waiving any right to arbitration which may have existed." Fonseca v. USG Ins. Servs., 467 Fed.Appx. 260, 261 (5th Cir.2012).

Here is what the 8th Circuit has decided.

We conclude that pursuit of arbitration did not toll the federal statute of limitations.” Zarecor v. Morgan Keegan & Co., 801 F.3d 882, 889 (8th Cir. 2015).  “A plaintiff who pursues arbitration is not required to await the outcome to bring an action in court, and there is an accepted procedure for pursuing arbitration and a lawsuit simultaneously.”

That's extremely helpful and very much appreciated.   Really interesting.

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19 minutes ago, Neo9 said:

That's extremely helpful and very much appreciated.   Really interesting.

You need to see how your courts have ruled.  If I’m not mistaken, I think I remember that there were some CA courts that ruled arbitration doesn’t toll the SOL, but you need to make sure.

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19 minutes ago, BV80 said:

You need to see how your courts have ruled.  If I’m not mistaken, I think I remember that there were some CA courts that ruled arbitration doesn’t toll the SOL, but you need to make sure.

I am going to check in some of the appropriate jurisdictions as I've moved around a bit since being in CA.

 

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22 hours ago, BV80 said:

You need to see how your courts have ruled.  If I’m not mistaken, I think I remember that there were some CA courts that ruled arbitration doesn’t toll the SOL, but you need to make sure.

I haven't found the answer to this question yet but did discover something equally as interesting.  Apparently, many states do NOT apply the SOL to arbitration whatsoever. (https://www.arbitrationnation.com/dont-find-yourself-sol-know-whether-the-statute-of-limitations-applies-to-your-arbitration/)

If the relevant statute does not explicitly apply to arbitration proceedings, it is important to see how the common law has treated this question. Some state courts have already decided whether arbitrations should have a limitations period. These states include: California, Connecticut, Florida, Idaho, Indiana, Maine, Massachusetts, Michigan, Minnesota, North Carolina, and Ohio. All of these states, except Florida, do not apply the statute of limitations to arbitrations.

What's unclear is whether there is any course of action if one party does not submit to the arbitration when claims are beyond SOL.  It does beg the question why creditors do not use arbitration to go after people when they've missed the SOL.  And in my case, having some cases I would initiate in NC, whether the opposing party would be able to cross-claim the alleged debt even though it is past SOL.

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On 9/9/2021 at 5:37 PM, BackFromTheDebt said:

There are two states -- Mississippi and Wisconsin - -which have a Statute of Repose.  

That is, when the debt hits the SOL point, it no longer exists.  

So those of us in states with a Statute of Repose probably do not have to worry about zombie debts rising from the grave in arbitration.  

 

Very interesting - thanks for sharing that.

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  • 1 month later...

Hello, in the main post, it is suggested not to make mention of the lawsuit in the Demand for Arbitration form. However, the JAMS demand form requests that the following be sent to JAMS: 

C.  Entire contract containing the arbitration clause (2 copies)
To the extent there are any court orders or stipulations relevant to this arbitration demand, e.g. an order compelling arbitration, please also include two copies.

 

In my case, my motion to compel was granted, so there is a court order. Is there any reason not to include that in the submission? 

Thanks.

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20 hours ago, Mistymouse4590 said:

Hello, in the main post, it is suggested not to make mention of the lawsuit in the Demand for Arbitration form. However, the JAMS demand form requests that the following be sent to JAMS: 

C.  Entire contract containing the arbitration clause (2 copies)
To the extent there are any court orders or stipulations relevant to this arbitration demand, e.g. an order compelling arbitration, please also include two copies.

 

In my case, my motion to compel was granted, so there is a court order. Is there any reason not to include that in the submission? 

Thanks.

I would certainly include the court order.

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  • 3 weeks later...

Ok, I'm baaaackkkk. Now just served papers from Synchrony Bank as it's very close to SOL. It's worded very different than anything with AAA or JAMS. I'm battling pneumonia and bronchitis and super foggy at the moment and I'm not sure what this exactly means. I know time is of the essence. Hoping for any clarification or to dumb it down for me, if anyone has any input? I have not answered the suit yet. Here's the verbiage from the original agreement from Q4/2014 when the account was originally opened. Thanks, guys!

RESOLVING A DISPUTE WITH ARBITRATION PLEASE READ THIS SECTION CAREFULLY. IF YOU DO NOT REJECT IT, THIS SECTION WILL APPLY TO YOUR ACCOUNT, AND MOST DISPUTES BETWEEN YOU AND US WILL BE SUBJECT TO INDIVIDUAL ARBITRATION. THIS MEANS THAT: (1) NEITHER A COURT NOR A JURY WILL RESOLVE ANY SUCH DISPUTE; (2) YOU WILL NOT BE ABLE TO PARTICIPATE IN A CLASS ACTION OR SIMILAR PROCEEDING; (3) LESS INFORMATION WILL BE AVAILABLE; AND (4) APPEAL RIGHTS WILL BE LIMITED. 1. CLAIMS AND PARTIES. If either you or we make a demand for arbitration, you and we must arbitrate any dispute or claim between you (including any other user of your account), and us (including our parents, affiliates, agents, employees, officers, and assignees) that directly or indirectly arises from or relates to your account, your account Agreement or our relationship, except as noted below. In addition, the following are intended beneficiaries of this Arbitration section and may enforce it in full (notwithstanding any state law to the contrary): (a) Sam’s Club and its affiliates; and (b) any assignee, agent, or service provider of ours that collects amounts due on your account. 2. This Arbitration section broadly covers claims based upon contract, tort, consumer rights, fraud and other intentional torts, negligence, constitution, statute, regulation, ordinance, common law and equity and claims for money damages and injunctive or declaratory relief, even if they arose before this section took effect. You may not sell, assign or transfer a claim. 3. Examples of claims subject to arbitration are disputes about an account transaction, fees, charges or interest, the events leading up to the Agreement (such as any disclosures, advertisements, promotions or oral or written statements, warranties or representations made by us), an application for or denial of credit, any product or service provided by us or third parties in connection with the Agreement, credit reporting, benefit programs related to your account including any reward program, the collection of amounts due by our assignees, service providers, or agents and the manner of collection. 4. However, we will not require you to arbitrate any individual case in small claims court or your state’s equivalent court, so long as it remains an individual case in that court. Also, even if all parties have opted to litigate a claim in court, you or we may elect arbitration with respect to any claim made by a new party or any claim later asserted by a party in any related or unrelated lawsuit, including modifying an individual claim to assert a class, representative or multi-party claim. Arbitration may be requested at any time, even where there is a pending lawsuit, unless a trial has begun, or a final judgment entered. 5. Only a court will decide disputes about the validity, enforceability, coverage or scope of this Arbitration section or any part thereof. However, any dispute that concerns the validity or enforceability of the Agreement as a whole is for the arbitrator to decide. 6. NO CLASS ACTIONS. IF EITHER YOU OR WE ELECT TO ARBITRATE A CLAIM, NEITHER YOU NOR WE WILL HAVE THE RIGHT (A) TO PARTICIPATE IN A CLASS ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE ACTION IN COURT OR IN ARBITRATION, EITHER AS A CLASS REPRESENTATIVE OR CLASS MEMBER, OR (B) TO JOIN OR CONSOLIDATE CLAIMS WITH CLAIMS OF ANY OTHER PERSONS EXCEPT ACCOUNTHOLDERS ON YOUR ACCOUNT. THUS, YOU MAY NOT BRING CLAIMS AGAINST US ON BEHALF OF ANY ACCOUNTHOLDER WHO IS NOT AN ACCOUNTHOLDER ON YOUR ACCOUNT, AND YOU AGREE THAT ONLY ACCOUNTHOLDERS ON YOUR ACCOUNT MAY BE JOINED IN A SINGLE ARBITRATION WITH ANY CLAIM YOU HAVE. 7. PROCEDURES. The party who wants to arbitrate must notify the other party in writing. This notice can be given after the beginning of a lawsuit or in papers filed in the lawsuit. Otherwise, your notice must be sent to Synchrony Bank, Legal Operation, P.O. Box 29110, Shawnee Mission, KS 66201-5320, ATTN: ARBITRATION DEMAND. The party seeking arbitration must select either the American Arbitration Association (AAA), 120 Broadway, Floor 21, New York, NY 10271, www.adr.org, or JAMS, 620 Eighth Avenue, 34th Floor, New York, NY 10018, www.jamsadr.com, to administer the arbitration. If neither administrator can handle the dispute, a court with jurisdiction will appoint an arbitrator. 8. The arbitration administrator will appoint the arbitrator and will tell the parties what to do next. The arbitrator must be a lawyer with at least ten years of legal experience. The arbitrator must apply the same law, consistent with the Federal Arbitration Act (FAA), that would apply to an individual action in court, but may use different procedural rules. The arbitrator will apply the same statutes of limitation and privileges that a court would apply if the matter were pending in court. 9. The arbitrator may award any damages or other relief or remedies that would apply under applicable law to an individual action brought in court, including, without limitation, punitive damages (governed by the Constitutional standards employed by the courts) and injunctive, equitable and declaratory relief (but only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim). The parties will bear the fees and costs of their attorneys, witnesses and experts. However, the arbitrator will have the authority to award fees and costs of attorneys, witnesses and experts to the extent permitted by the Agreement, the administrator’s rules or applicable law. 10. The arbitration will take place by phone or at a location reasonably convenient to you. If you ask, we will pay all the fees the administrator or arbitrator charges if you cannot obtain a waiver of fees from the administrator and are acting in good faith. We will always pay arbitration costs required by the administrator’s rules or that are necessary for this Arbitration section to be enforced. 11. GOVERNING LAW. This Arbitration section is governed by the FAA. Utah law shall apply to the extent state law is relevant under the FAA, unless otherwise stated herein. The arbitrator’s award will be final and binding, except for any appeal right under the FAA. Any court with jurisdiction may enter judgment upon the arbitrator’s award. The arbitration award and any judgment confirming it will apply only to the specific case and cannot be used in any other case except to enforce the award. 12. SURVIVAL. This Arbitration section shall survive the repayment of all amounts owed, the termination, cancellation or suspension of the Agreement or your account or credit privileges, any legal proceeding, and any bankruptcy by you, to the extent consistent with applicable bankruptcy law. If this Arbitration section conflicts with the applicable arbitration rules or the other provisions of the Agreement, this Arbitration section shall govern. 13. SEVERABILITY. If any portion of this Arbitration section is held to be invalid or unenforceable, the remaining portions shall nevertheless remain in force with the following two exceptions. First, if a determination is made that the “No Class Actions” provision is unenforceable, and that determination is not reversed on appeal, then this Arbitration section shall be void in its entirety. Second, if a court determines that a public injunctive relief claim may proceed notwithstanding the “No Class Actions” provision, and that determination is not reversed on appeal, then the public injunctive relief claim will be decided by a court, and any individual claims will be arbitrated. The parties will ask the court to stay the public injunctive relief claim until the other claims have been finally concluded. 14. HOW TO REJECT ARBITRATION. You may reject this Arbitration section. If you do that, a court will resolve any dispute or claim. To reject this section, send us a notice within 45 days after you open your account or we first provided you with your right to reject this section. The notice must include your name, address, account number, and personal signature, and must be mailed to Synchrony Bank, P.O. Box 965012, Orlando, FL 32896-5012. This is the only way you can reject this section. Rejecting this Arbitration section will not affect any other provision of the Agreement. It will also not affect any prior arbitration agreement or dispute resolution provision between you and us, which will remain in full force and effect. If you don't reject this Arbitration section, it will be effective as of the date of the Agreement and will supersede any prior arbitration agreement between you and us that would otherwise be applicable.

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1) You are limited to JAMS 

2) The clause 1. CLAIMS AND PARTIES. If either you or we make a demand for arbitration, you and we must arbitrate any dispute or claim between you (including any other user of your account), and us (including our parents, affiliates, agents, employees, officers, and assignees) that directly or indirectly arises from or relates to your account, your account Agreement or our relationship, except as noted below. In addition, the following are intended beneficiaries of this Arbitration section and may enforce it in full (notwithstanding any state law to the contrary): 

The bolded section my be a problem IDK since federal law supersedes state law see above post. 

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On 11/11/2021 at 10:57 AM, ktigs said:

Ok, I'm baaaackkkk. Now just served papers from Synchrony Bank as it's very close to SOL. It's worded very different than anything with AAA or JAMS. I'm battling pneumonia and bronchitis and super foggy at the moment and I'm not sure what this exactly means. I know time is of the essence. Hoping for any clarification or to dumb it down for me, if anyone has any input? I have not answered the suit yet. Here's the verbiage from the original agreement from Q4/2014 when the account was originally opened. Thanks, guys!

RESOLVING A DISPUTE WITH ARBITRATION PLEASE READ THIS SECTION CAREFULLY. IF YOU DO NOT REJECT IT, THIS SECTION WILL APPLY TO YOUR ACCOUNT, AND MOST DISPUTES BETWEEN YOU AND US WILL BE SUBJECT TO INDIVIDUAL ARBITRATION. THIS MEANS THAT: (1) NEITHER A COURT NOR A JURY WILL RESOLVE ANY SUCH DISPUTE; (2) YOU WILL NOT BE ABLE TO PARTICIPATE IN A CLASS ACTION OR SIMILAR PROCEEDING; (3) LESS INFORMATION WILL BE AVAILABLE; AND (4) APPEAL RIGHTS WILL BE LIMITED. 1. CLAIMS AND PARTIES. If either you or we make a demand for arbitration, you and we must arbitrate any dispute or claim between you (including any other user of your account), and us (including our parents, affiliates, agents, employees, officers, and assignees) that directly or indirectly arises from or relates to your account, your account Agreement or our relationship, except as noted below. In addition, the following are intended beneficiaries of this Arbitration section and may enforce it in full (notwithstanding any state law to the contrary): (a) Sam’s Club and its affiliates; and (b) any assignee, agent, or service provider of ours that collects amounts due on your account. 2. This Arbitration section broadly covers claims based upon contract, tort, consumer rights, fraud and other intentional torts, negligence, constitution, statute, regulation, ordinance, common law and equity and claims for money damages and injunctive or declaratory relief, even if they arose before this section took effect. You may not sell, assign or transfer a claim. 3. Examples of claims subject to arbitration are disputes about an account transaction, fees, charges or interest, the events leading up to the Agreement (such as any disclosures, advertisements, promotions or oral or written statements, warranties or representations made by us), an application for or denial of credit, any product or service provided by us or third parties in connection with the Agreement, credit reporting, benefit programs related to your account including any reward program, the collection of amounts due by our assignees, service providers, or agents and the manner of collection. 4. However, we will not require you to arbitrate any individual case in small claims court or your state’s equivalent court, so long as it remains an individual case in that court. Also, even if all parties have opted to litigate a claim in court, you or we may elect arbitration with respect to any claim made by a new party or any claim later asserted by a party in any related or unrelated lawsuit, including modifying an individual claim to assert a class, representative or multi-party claim. Arbitration may be requested at any time, even where there is a pending lawsuit, unless a trial has begun, or a final judgment entered. 5. Only a court will decide disputes about the validity, enforceability, coverage or scope of this Arbitration section or any part thereof. However, any dispute that concerns the validity or enforceability of the Agreement as a whole is for the arbitrator to decide. 6. NO CLASS ACTIONS. IF EITHER YOU OR WE ELECT TO ARBITRATE A CLAIM, NEITHER YOU NOR WE WILL HAVE THE RIGHT (A) TO PARTICIPATE IN A CLASS ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE ACTION IN COURT OR IN ARBITRATION, EITHER AS A CLASS REPRESENTATIVE OR CLASS MEMBER, OR (B) TO JOIN OR CONSOLIDATE CLAIMS WITH CLAIMS OF ANY OTHER PERSONS EXCEPT ACCOUNTHOLDERS ON YOUR ACCOUNT. THUS, YOU MAY NOT BRING CLAIMS AGAINST US ON BEHALF OF ANY ACCOUNTHOLDER WHO IS NOT AN ACCOUNTHOLDER ON YOUR ACCOUNT, AND YOU AGREE THAT ONLY ACCOUNTHOLDERS ON YOUR ACCOUNT MAY BE JOINED IN A SINGLE ARBITRATION WITH ANY CLAIM YOU HAVE. 7. PROCEDURES. The party who wants to arbitrate must notify the other party in writing. This notice can be given after the beginning of a lawsuit or in papers filed in the lawsuit. Otherwise, your notice must be sent to Synchrony Bank, Legal Operation, P.O. Box 29110, Shawnee Mission, KS 66201-5320, ATTN: ARBITRATION DEMAND. The party seeking arbitration must select either the American Arbitration Association (AAA), 120 Broadway, Floor 21, New York, NY 10271, www.adr.org, or JAMS, 620 Eighth Avenue, 34th Floor, New York, NY 10018, www.jamsadr.com, to administer the arbitration. If neither administrator can handle the dispute, a court with jurisdiction will appoint an arbitrator. 8. The arbitration administrator will appoint the arbitrator and will tell the parties what to do next. The arbitrator must be a lawyer with at least ten years of legal experience. The arbitrator must apply the same law, consistent with the Federal Arbitration Act (FAA), that would apply to an individual action in court, but may use different procedural rules. The arbitrator will apply the same statutes of limitation and privileges that a court would apply if the matter were pending in court. 9. The arbitrator may award any damages or other relief or remedies that would apply under applicable law to an individual action brought in court, including, without limitation, punitive damages (governed by the Constitutional standards employed by the courts) and injunctive, equitable and declaratory relief (but only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim). The parties will bear the fees and costs of their attorneys, witnesses and experts. However, the arbitrator will have the authority to award fees and costs of attorneys, witnesses and experts to the extent permitted by the Agreement, the administrator’s rules or applicable law. 10. The arbitration will take place by phone or at a location reasonably convenient to you. If you ask, we will pay all the fees the administrator or arbitrator charges if you cannot obtain a waiver of fees from the administrator and are acting in good faith. We will always pay arbitration costs required by the administrator’s rules or that are necessary for this Arbitration section to be enforced. 11. GOVERNING LAW. This Arbitration section is governed by the FAA. Utah law shall apply to the extent state law is relevant under the FAA, unless otherwise stated herein. The arbitrator’s award will be final and binding, except for any appeal right under the FAA. Any court with jurisdiction may enter judgment upon the arbitrator’s award. The arbitration award and any judgment confirming it will apply only to the specific case and cannot be used in any other case except to enforce the award. 12. SURVIVAL. This Arbitration section shall survive the repayment of all amounts owed, the termination, cancellation or suspension of the Agreement or your account or credit privileges, any legal proceeding, and any bankruptcy by you, to the extent consistent with applicable bankruptcy law. If this Arbitration section conflicts with the applicable arbitration rules or the other provisions of the Agreement, this Arbitration section shall govern. 13. SEVERABILITY. If any portion of this Arbitration section is held to be invalid or unenforceable, the remaining portions shall nevertheless remain in force with the following two exceptions. First, if a determination is made that the “No Class Actions” provision is unenforceable, and that determination is not reversed on appeal, then this Arbitration section shall be void in its entirety. Second, if a court determines that a public injunctive relief claim may proceed notwithstanding the “No Class Actions” provision, and that determination is not reversed on appeal, then the public injunctive relief claim will be decided by a court, and any individual claims will be arbitrated. The parties will ask the court to stay the public injunctive relief claim until the other claims have been finally concluded. 14. HOW TO REJECT ARBITRATION. You may reject this Arbitration section. If you do that, a court will resolve any dispute or claim. To reject this section, send us a notice within 45 days after you open your account or we first provided you with your right to reject this section. The notice must include your name, address, account number, and personal signature, and must be mailed to Synchrony Bank, P.O. Box 965012, Orlando, FL 32896-5012. This is the only way you can reject this section. Rejecting this Arbitration section will not affect any other provision of the Agreement. It will also not affect any prior arbitration agreement or dispute resolution provision between you and us, which will remain in full force and effect. If you don't reject this Arbitration section, it will be effective as of the date of the Agreement and will supersede any prior arbitration agreement between you and us that would otherwise be applicable.

Ok, here we are - I'm of the hospital and ready to get an MTC filed. It says I have the option to use AAA or JAMS ^^. Is either better than the other as in terms of desirable outcomes? I already filed an answer with the courts and have a bench trial set for mid January. SOL ends in February, so if they dismiss w or w/o pred. before the court date, SOL will be knocking on their doorstep. 

Also, it says I need to arbitrate directly with Synchrony, but I'm assuming since we've already been served, that the MTC needs to be sent to the appointed attorney? 

Thanks for any and all help!

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Go with JAMS.  They are more expensive for the creditor, and have the reputation of being more consumer-friendly.  And there have been a couple of cases in AAA where the JDB went all the way through arb, and claimed the arbitration was frivolous, and stuck the consumer with the arb fees.

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I'd go with JAMS too. My first was with JAMS and I had a case manager within days that I could email.  She was very responsive and answered my questions right away. When I needed to dismiss the case due, they were right on it.  I had a settlement for $0 for a mutual dismissal.

On the second case, AAA was the only option per the contract. It was easy to file the case and pay the $200 fee on their website, but the case is in limbo somewhere. I already have the same settlement offer, but can't get anyone to contact me to cancel it. I emailed, they responded in 2 or 3 days that I needed to email a different dept. I emailed that dept, 2 or 3 days later, they said they were passing the issue to someone else - and I haven't heard back.  It's been about a week.  The attorney has already sent the dismissal paperwork to the court since he saw I was working with them in the emails, but I don't know how long it'll take me to get it resolved.

 

 

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