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J.Hazelbaker
J.Hazelbaker, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 4385
Experience:  Extensive experience with contract, debtor/creditor, and consumer law.
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After filing an answer in regards XXXXX XXXXX summons for consumer

Resolved Question:

After filing an answer in regards XXXXX XXXXX summons for consumer debt I just received a letter filed in the county court for arbitration. What exactly does this mean?
Submitted: 5 years ago.
Category: Consumer Protection Law
Expert:  J.Hazelbaker replied 5 years ago.

J.Hazelbaker :

Hello. Thank you for using JustAnswer.

J.Hazelbaker :

Arbitration is an alternative to trial and is required under most consumer contracts these days.

J.Hazelbaker :

It is similar to a trial in that there will be an impartial arbitrator

J.Hazelbaker :

but there will be no jury.

Customer:

I assume this step is a pre suite attempt to settle the debt?

J.Hazelbaker :

The arbitrator will hear evidence from both sides and can ask questions.

J.Hazelbaker :

The arbitrator can also encourage one or both sides to be more realistic and apply pressure to settle.

J.Hazelbaker :

But, the arbitrator's decision is final.

J.Hazelbaker :

It is becoming a more often used method of dispute resolution because it is much faster and, thus, less expensive.

Customer:

Is the arbitrator a judge?

J.Hazelbaker :

Please let me know what follow-up questions you have. If my above responses have been helpful, please click Accept so that I get credit for the time/effort. You may always restart the thread and ask follow-up questions at any time by clicking the “Reply” button at the bottom of the question/answer thread. You can access this thread later in your profile under the “My Questions” tab.

Customer:

I was going to speak with the debt collections company and offer a settlement, but if that does not work we will have to go to the arbitration

Customer:

In your experience does arbitration ever settle for a % of the debt? What information does the arbitrator look at?

Customer:

Are you still there?

J.Hazelbaker :

Yes. It's common for an arbitration to settle for a specified amount. Often a portion of the penalties, late fees, and interest can be removed.

J.Hazelbaker :

The arbitrator can look at all of the information, including: the original agreements, payment history, correspondence between the parties, case law, etc.

J.Hazelbaker :

Please let me know what follow-up questions you have. If my above responses have been helpful, please click Accept so that I get credit for the time/effort. You may always restart the thread and ask follow-up questions at any time by clicking the “Reply” button at the bottom of the question/answer thread. You can access this thread later in your profile under the “My Questions” tab.

Customer:

Sorry, looks like we had connection issues. I do have more questions in order to prepare. Is there a book you might recomend?

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