Recent Feedback
I was just denied coverage from my after market warranty. Arbitration is listed as a possible solution for this issue, however I know nothing about arbitration (length, timing, what I have to do, etc). They denied my exhaust manifold claim because the repair facility was unable to identify which happened first (bolts breaking or exhaust manifold being warped). I have yet to file a claim of any other form and I'm thinking about getting a refund. Any advice you could give me would be greatly appreciated.
Optional Information: Country relating to Question: United States State (if USA): Missouri Already Tried: Contacting the customer service department.
I need you to be a little more specific in your question(s) if you could. When we answer general ones like "any advice" we have to give general answers and, invariably, the customer responds with "I already knew that". This type of forum works better if you ask specific questions so we know exactly what you are looking for.Also, due to website rules and state law we don't actually provide legal advice, just information on legal topics. It's a fine distinction but an important one.
I want info about how Arbitration works and if it sounds like a possible, positive avenue for me to utilize. The legal advice I was looking for wasn't legal but personal. If this happened to you or a loved one, what would you do?
Arbitration works like court except it is less formal. Each arbitrator does things a little differently, and you can always ask for specific changes in the procedures. The way I usually think of it is as an informal, mini-trial.For someone representing themselves on an issue that doesn't involve a lot of money then it is a very viable alternative. You still need to take it seriously and treat it like a trial, do a little discovery, call witnesses, etc. but you don't have to have a lawyer and it is definitely cheaper and faster.If you were going to be arguing over a million dollars then it probably isn't a good idea. Under your facts, it is probably a good way to go.Be sure you understand legal principles and concepts and you might want to pick up a book or two to help.There is a good one on discovery for people representing themselves at http://lessonsinlaw.com/the-guerrilla-guides-to-the-law/That website also posts some really good and short articles on common mistakes people make when they represent themselves so be sure and subscribe to it (it's free to subscribe) and you'll get an email when they post new things.NOLO Press also makes a decent book on representing yourself that you can order on eBay or Amazon. Don't worry about getting an older copy since you're just looking for general principles and concepts and an older copy works just as well for that.If you would like any additional information or have more questions please don’t hesitate to ask but please do so my clicking on the Reply to Expert tab.We work for Positive Ratings, please click on one of the top three ratings or one of the Smile Faces, as this would be appreciated. We have recently implemented a new rating and feedback system. Please be aware that you are rating my courtesy and service as a professional, and not necessarily whether you like the information that you are receiving. Please bear in mind I can’t control what the law is and whether it helps you, I can only tell you what it says, and I assume you want truthful information.PLEASE DO NOT use the rating system to ask for more information or in an attempt to tell the website that you didn’t like the substance of the answer as it gives a NEGATIVE rating to me personally if your rating is one of the lower two.I believe in giving information that is to the point, but please remember that I can only base our answers on the information you provide and sometimes a misunderstanding as to what you are looking for or already know occurs so feel free to ask additional questions or for clarifications. Be very careful about looking at other internet sites that just post generic information without any inquiry into your facts because often those answers are dated, wrong, or wrong as applied to your facts. Please be aware that my answer is not legal advice, it is merely information. You should always contact a local attorney for legal advice.Several customers have asked how they direct a question to me in particular. If you specifically want me to provide information for you just put “FOR JD 1992” in the subject line and I will pick up the next time I am online.
Maybe I'm still not understanding and I apologize for that. If I'm reading this correctly than your telling me that arbitration is just like a mini trial. I'm sorry but I've never been to a trial, only seen them on tv and in the news. I'm not quite sure how long a mini trial is (or reasonable timetable) and I currently do not have a lot of free time. I'm sorry, I'm sure you have answered my concern and it's just not comprehend able. As far as the timetable, am I looking at days, weeks, or months and if I do get the refund would that be quicker and more viable?
Please don't worry about not understanding, ask any questions that you need to in order to make sure you DO understand. Sometimes things are ordinary to us and we forget that laymen have never seen them before.A trial can be as short as an hour or as long as months.Usually an arbitration in a case like yours will last a day at the most, however it will likely take months to get to the point where you can have an arbitration because the other side will likely have a lawyer and you have top get schedules to match up.By a mini trial I mean that it will work like this (as a general rule):You will make a brief statement about the case and then they will make a statement.You call a witness and ask questions, then they ask the same witness questions. This goes back and forth with the witness until there are no more questions for them.Repeat the above step until you finish all your witnesses. The other side then calls their witnesses and you repeat the process with theirs.You each make a closing statement then the arbitrator issues a ruling.If you win, generally the other side will pay within a month or so because you can't appeal an arbitration ruling, assuming that you both agreed it would be a binding arbitration.If you would like any additional information or have more questions please don’t hesitate to ask but please do so my clicking on the Reply to Expert tab.We work for Positive Ratings, please click on one of the top three ratings or one of the Smile Faces, as this would be appreciated. We have recently implemented a new rating and feedback system. Please be aware that you are rating my courtesy and service as a professional, and not necessarily whether you like the information that you are receiving. Please bear in mind I can’t control what the law is and whether it helps you, I can only tell you what it says, and I assume you want truthful information.PLEASE DO NOT use the rating system to ask for more information or in an attempt to tell the website that you didn’t like the substance of the answer as it gives a NEGATIVE rating to me personally if your rating is one of the lower two.I believe in giving information that is to the point, but please remember that I can only base our answers on the information you provide and sometimes a misunderstanding as to what you are looking for or already know occurs so feel free to ask additional questions or for clarifications. Be very careful about looking at other internet sites that just post generic information without any inquiry into your facts because often those answers are dated, wrong, or wrong as applied to your facts. Please be aware that my answer is not legal advice, it is merely information. You should always contact a local attorney for legal advice.Several customers have asked how they direct a question to me in particular. If you specifically want me to provide information for you just put “FOR JD 1992” in the subject line and I will pick up the next time I am online.
Experience: Began practicing law in 1992