Jeffrey Beyer asked 16 hours ago
I have been sued in Washington State Superior Court by American Express. I filed my entry of appearance, answer and ad's. I also filed counterclaims. I am now in the process of writing discovery and getting ready to send it to opposing counsel, Zwicker & Associates. Court rules are very liberal in that discovery can be had anytime by either party after being served.
I have been reading and learning that if someone contests AMEX in court, they file a motion for arbitration. I am wondering what has your experience been with this? I am looking through the court dockets for all the AMEX suits in the past year here in my county and only a handful have answers on them, the rest are defaulted. The ones that do have answers are in arbitration. What advantage does AMEX have in arbitration vs. court?
Regards,
Jeff
Brian Parker Staff answered 15 hours ago
I have never seen AMEX file a Motion for Arb in the states I practice in and it is also usually with Zwicker on the other side. I don't like Arbitration as it eliminates all the court protections and evidence rules that you enjoy in court. However, there are reasons to Arbitrate a case and I am not putting my experience on you in your state. See my recent video on the new rules of AAA arbtration. Good luck.
Jeffrey Beyer
replied 13 hours ago Thanks for the response. I did watch that video you put out on Arbitration a day or so ago. That is what got me to thinking. I have been looking through all the cases Amex has filed here in my county court. I can only access the online docket but can not see the actual filing itself. Will have to go to the courthouse for that. I have read through the Amex credit card agreement and it states that Amex will pay all the fees in excess of what it would cost me to file in state court. So if I am reading that right, whatever the filing fee is for state court that is the max I would have to pay in arbitration. Next week I am going to the court house and view the cases that I found Amex went to arbitration on. There is a common denominator there and that is the defendant in all those cases is represented by the same law firm. So I am thinking perhaps the law firm is the one that filed a motion to compel arbitration for whatever reason. Will know for sure when I pull the cases.
Anyway, I am really thankful for all the information you have put out on YT as well as on this member site. Well worth the price. I am 2-0 so far on these cases. The previous ones were with Citibank and Synchrony Bank. After I answered and filed my AD’s and counterclaims and then issued discovery, that is when the fun started. Opposing counsel on these cases are most certainly not cut out for litigation. They just want to sit in their office and collect default judgments. Synchrony never even answered my counterclaims. After I called opposing counsel and he stated he would file an answer to my counterclaims soon, but never did, I turned the tables on them and filed a motion for default judgement on my counterclaims. I set the matter for hearing and a few days before the hearing is when he agreed to a mutual walk away. I settled with both of them for a mutual walk away and we filed a joint dismissal with prejudice on both cases. All it cost me was the fee to file my counterclaims. I am hoping this Amex suit will follow the same path. I could not have done this without your showing us how you have filed these cases for your clients which gave me the confidence to do this on my own.
Brian Parker Staff answered 13 hours ago
Thank you and congrats. Could I do a video on your successes to show how you did it to others? Without any id shown. Thank you.
Jeffrey Beyer
replied 9 hours ago Absolutely. I can email you the documents to either case or both. Which email address? Will get them to you tomorrow.
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