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HELP WITH INTERPERTING CREDIT ONE BANK ARBITRATION AGREEMENT


Boo313
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Hello Fellow Members! I need a little help. I am being sued by of course, Midland! As advised on a previous thread, I plan to file a MTC arbitration.  By reading the attached agreement, can anyone interpret whether or not I can file a MTC/Arbitration in Georgia? The summons/claim was issued without previous notice and was filed at the Magistrate Courts in Gwinnett County. I currently have 16 days left to file an answer. I was advised to file a MTC after I file my answer. However I do not know the steps to take exactly. Such as, should I file an answer at the same time? The attached arbitration agreement is too complex for me to interpret.  Your help is much appreciated. Thanking you in advance.

 

ARBITRATION FOR CREDIT ONE BANK.pdf

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Right under the "Claims not covered" section, it says that claims filed in Small Claims court are not subject to arbitration.  It seems the Georgia Magistrate Court is AKA "small claims court".  Of course, it would be up to Midland to advance this argument in response to your MTC, but if they do, I don't see any wiggle room with the CreditOne agreement.

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10 hours ago, Boo313 said:

As advised on a previous thread, I plan to file a MTC arbitration.

You do not file the motion in advance in GA.  Magistrate Court does not allow it.  You simply type it up and have 3 copies with you on the date of your hearing.

10 hours ago, Boo313 said:

By reading the attached agreement, can anyone interpret whether or not I can file a MTC/Arbitration in Georgia?

You CAN file it.  What you cannot do is defend it to the Magistrate stating the card agreement allows you to elect it because the agreement clearly states you cannot in small claims court.  

10 hours ago, Boo313 said:

I was advised to file a MTC after I file my answer.

No, you were advised to have it done and ready for your hearing then the small claims exclusion was pointed out.

1 hour ago, Harry Seaward said:

It seems the Georgia Magistrate Court is AKA "small claims court".

Yes, Magistrate Court in GA is small claims so arbitration would not be allowed.

1 hour ago, Harry Seaward said:

Of course, it would be up to Midland to advance this argument in response to your MTC

The law firm representing Midland is Greene and Cooper and thanks to this board they have defended a MTC in Magistrate Court more than once.  You can bet your last dollar they will oppose this as they have opposed those that did allow for it.  This law firm does read the card agreements.  

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  • 3 years later...

Reading Credit One's arbitration agreement; it could be concluded the matter should have never ended up in small claims court as the language states, If you do not reject this agreement to arbitrate, you give up the right to go to court and controversies or disputes between us WILL BE (emphasis added) resolved by a neutral arbitrator instead of a judge or jury.  It also states under the covered claims which by the way cover just about any dispute between the parties prior to them being filed in a small claims court, but it states that validity, enforceability, coverage, meaning, and scope of this agreement to arbitrate or any part thereof are subject to arbitration and are for the arbitrator to decide.  This to me is what will compel the judge to ignore a contradictory claims not covered section in their arbitration agreement. Just write it up thsi way and use their language contained in their card agreement.

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58 minutes ago, Enzo said:

In my credit one arbitration agreement it states " the arbitrator shall require you to pay us collection cost and attorney fees" 

I read in another post that the Total amount awarded can't be more than the original debt any input on this ?

Does the sentence include this?

”including our in- house attorneys’ costs, that we incur as a result of your default, as set forth in the Card Agreement”

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