Blue1234 Posted May 3, 2021 Report Share Posted May 3, 2021 My SO received a letter from Midland stating they would sue soon. Since this is Capital One and there is no arbitration clause, what are the best options? Talk to Midland before they send to an attorney and try to settle? Is it possible to file in JAMS prior to them filing in court or will that not stop a lawsuit? Just trying to weigh options at this point. Thanks! Quote Link to comment Share on other sites More sharing options...
BV80 Posted May 3, 2021 Report Share Posted May 3, 2021 1 hour ago, Blue1234 said: Is it possible to file in JAMS prior to them filing in court or will that not stop a lawsuit? JAMS would not accept your claim because it is not in the Cap1 agreement. Quote Link to comment Share on other sites More sharing options...
WhoCares1000 Posted May 3, 2021 Report Share Posted May 3, 2021 Capital One and Midland can simply ignore your filing in JAMS and start the case in court anyways because there is no provision in the contract for private arbitration. Preemptive arbitration filing only works if the contract has private arbitration. Quote Link to comment Share on other sites More sharing options...
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