Arbitration question
Date: Fri, 03/04/2011 - 10:59
I got delivery confirmation (2/24) on a letter I sent AMEX attorney electing arbitration. Today I was served papers from the same attny filing suit for AMEX. The date on the summons was 3/3.
I called this attorney and he said they must have crossed in the mail etc etc. and that if I didnt want to answer the summons, he would not file for a default judgement....( I will file answer, even though I have the conversation recorded)
Beings how the date on the summons is AFTER the date they received my letter electing arbitration, are they in violation of the AMEX contract that states that "once either party elects arbitration, all parties waive rights to further litigation"?
If they are, what kind of remedies are available? Any experiences?
I called this attorney and he said they must have crossed in the mail etc etc. and that if I didnt want to answer the summons, he would not file for a default judgement....( I will file answer, even though I have the conversation recorded)
Beings how the date on the summons is AFTER the date they received my letter electing arbitration, are they in violation of the AMEX contract that states that "once either party elects arbitration, all parties waive rights to further litigation"?
If they are, what kind of remedies are available? Any experiences?
As far as I can understand if you have send them letter stating
As far as I can understand if you have send them letter stating that you will go for arbitration, then they cannot file a lawsuit against you as it will be against their contract. However, if they haven't received your letter, then they may file a lawsuit against you. You should take help of an attorney and get his/her help in this matter.
The Federal Arbitration ACT : http://www.adr.org/sp.asp?id=29568
The Federal Arbitration ACT :
http://www.adr.org/sp.asp?id=29568
