Csimp

Confused about Arbitration

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Hello Group, 

My MTC arbitration was granted by the judge because Midland Funding didn't show up to court. So as I was reading the Wal-Mart CC Agreement on how to start arbitration I believe it states that Midland has to start the arbitration process. Here is how it reads. 

If a party files a lawsuit in court asserting claim(s) that are subject to arbitration and the other party files a motion with the court to compel arbitration, which is granted, it will be the responsibility of the party asserting the claim(s) to commence the arbitration proceeding.

What do you think? Do I start the process or does Midland? I also attached the entire agreement for reference. Thank you All! 

WalmartCreditCard.pdf

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56 minutes ago, Csimp said:
 

Hello Group, 

My MTC arbitration was granted by the judge because Midland Funding didn't show up to court. So as I was reading the Wal-Mart CC Agreement on how to start arbitration I believe it states that Midland has to start the arbitration process. Here is how it reads. 

If a party files a lawsuit in court asserting claim(s) that are subject to arbitration and the other party files a motion with the court to compel arbitration, which is granted, it will be the responsibility of the party asserting the claim(s) to commence the arbitration proceeding.

What do you think? Do I start the process or does Midland? I also attached the entire agreement for reference. Thank you All! 

WalmartCreditCard.pdf 65.91 kB · 0 downloads

It does sound that way, but...

What was in the judge's order?  In some situations the judge will order the defendant to initiate arbitration.  

Also, is there some time by which the judge is expecting an update?  For example, in all of my cases, I had xx days to prove to the judge that a case had been opened in arbitration.   

Not having seen the order, I can't tell you what you want to know.  

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No, it does not.  
I doubt they will initiate.  After that, I don’t know what will happen. Maybe the judge will eventually dismiss the case because the plaintiff did nothing. Maybe he will revoke the MTC because you didn’t  initiate, even though the contract says they must initiate.  
 

I think the first move should be to contact their attorney and offer a mutual walk away and a dismissal of all claims with prejudice 

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Thank you for the advice! If they don't agree to the dismissal should I tell them that they have to be the ones to initiate arbitration? Was I suppose to mail them a copy of the order that shows my MTC was granted or does the court do that? 

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17 hours ago, Csimp said:

Here are the orders which does not say who initiates it.

Just file with JAMS and stop splitting hairs over "who" should do it.  The last thing you want is to sit there and wait for them to do it and then get hauled back in to court for a trial because YOU filed the MTC, YOU asked for arbitration, and YOU didn't file.  They can then argue to the court you were not serious because you didn't follow through and it should be heard in court.  Is it worth all that over a few pieces of paperwork?

File the JAMS case to show you are serious.  You do not have to pay immediately.  Send copies of the paperwork filed and MTC to the lawyer and WAIT.  If you want them to agree to walk away you need them to believe you are not going to back down.  If you rush this process they are going to sense the tactic and pull a fast one on you that leaves you in court.  It won't take them long to ask what you want to settle the matter THEN you state mutual walk away.  

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