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waiver of arbitration- Morgan v. Sundance

Community Self Defense Q&ACategory: General Commentswaiver of arbitration- Morgan v. Sundance
Ross Logan asked 1 week ago

I have been fighting two lawsuits from LVNV funding for the past year. i was served september 10th 2024 for my first one and then approx. October 8th 2024 i was served for the second one. The credit card debt is derived from two identical credit cards (i suspect fraud) regardless, i invoked the arbitration clause on both of those alleged agreements in my response. Lvnv responded by opposing arbitration for about 8 months until both judges ordered the cases stayed (only after a prelim. hearing).

Once arbitration was invoked i was forced into the role of claimant and filed for arbitration since i was the one who "invoked it". Once arbitration was invoked and proceeding LVNV funding filed with the court twice (in each case) to set aside the arbitration (one motion to set it aside and then another asking the court to rule on that motion).

According to Morgan vs. Sundance, LVNV funding waived arbitration three separate times 1. opposing arbitration for 8 months 2. filing with the court to set aside arbitration while arbitration was proceeding and 3. asking the court to rule on that motion when they weren't getting their answer fast enough.

The question is, if they waived arbitration, and according to the alleged contract "you give up your right to go to court" does that mean that they have no other forum to find relief? How does that work usually? the contract does have the following provision "Claims Not Covered: Claims (whether brought initially or by counter or cross-claim) are not subject to arbitration if they are filed by you or us in a small claims court, so long as the case remains in such court and only individual claims for relief are advanced in the case." But other than that, what other possible forums can they go to to find relief?

Thanks!

Brian Parker Staff replied 1 week ago

I am not sure why you would go to arbitration on a debt buyer case when it kills all your rights to prove that LVNV does not own the debt. See all my videos. Arbitration, if it is good for anything would offer the most help in a creditor case where you have none or little defense. But I counsel all my clients to avoid arbitration like the plague. See the video with that exact title.