Midland Funding LLC Arbitration Synchorny Bank

[billbrasky87]

I have a Mediation Hearing against Midland Funding on April 25 and the OC was Synchrony Bank.  The amount is for $1,209.

 

The question I have is that in this said contract it states that most disputes between uses and issuer will be subject to individual arbitration and also states that neither a court or jury will resolve any such dispute.

However, it states that "We will not require you to arbitrate if any case is in small claims or equivalent court or a case we file to collect money."  It also states that notwithstanding any other language in this section only a court and not an arbitrator will decide disputes.  It also states that  "However, any dispute or argument that concerns the validity or enforceability of the account as a whole is for the arbitrator, not a court to decide."

The first question I have is on my Notice of Hearing is states "RE: Small claim, claim under $ limit.  But it is in the States of Wisconsin Oneida County Circuit Court.  Would this be considered an equivalent of a small claims court?  If they bring up small claims what would my response be?  Or if they bring up a case we file to collect money you owe us.

Second question I have is that is states that it won't require me to arbitrate.  Does that mean I still have the ability if I so choose?  It doesn't state that I can't; it just states that it won't be a requirement on my end.

It seems that this was written to prevent class action lawsuits so they don't want anybody in court.  But with the two stipulations I just want to make sure that I can still request arbitration.  If these are stupid questions I truly apologize but I just want to make sure.  When I bring up arbitration I don't want to get looked at like Kurt Russell just did his blood test and I'm tied to a chair with a giant alien popping out of me.  I was reading on the forums here and someone stated that Synchrony Bank was like the "golden ticket" of the arbitration world with a JDB.  I just want to make sure.  Any help would be appreciated.

[nobk4me]

On 3/10/2019 at 10:55 AM, billbrasky87 said:

Second question I have is that is states that it won't require me to arbitrate.  Does that mean I still have the ability if I so choose?  It doesn't state that I can't; it just states that it won't be a requirement on my end.

Yes, that's what it means.  They won't force you to use arb, but you can still choose arb if you want it.