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[trueq]

Holy cow.  Thanks!   This opens up BIG opportunity for me!

[BrokeBob]

Trueq faxed it to me as well.  I have a copy, with names and fax #s redacted, on a pdf file. 

Anyone else need it?  Send a PM, although I may not get it to you until Monday or so... 

[restless native]

Thanks True q for all your help.. One thing I found out about Calif court and Citis T and C is that T and C says you can invoke the arb  clause as long as you have not moved to trial. Calif rules say that there are pretrial motions allowed before trial. Once you are in discovery it is too late. So if you are in Calif, once you are discovered, you can probably forget this stragedy. Discovery is considered in trial....

[trueq]

This is why you cnnot wait to long in some states.   You can WAIVE your contractual right to arbitrate!

In my state there is no "bright line test", the judge has to determin if your arbitration exercise is "frustrating" the litigation.   When does that point occur?   Who knows.

So if you are going to choose arbitration to box creditor in, I reccomend right after answer.

There is an argument, if they don't produce the contract until discovery, you could still move once clause is discovered, but not every judge is consistent.

[restless native]

 I know that  some think I am nuts , but here goes. I send Citi a letter and tell them I am sending a check with a restrictive endorsement in about 30 days ( ca civil code 1521-1526) i INFORM them that if they miss the check and acidently endorse it. they still have remedy under UCC( they can return a check of equal amount within 90 days) They cash check. I send them a copy of the cashed check with endorsement and restriction, and that they are required to provide full disclosure that what they are doing is legal. I receive a letter from Citi about a week later from a manager who says they have received my letter and will take it into review.He tells me what they are doing is legal and I better keep paying. He makes no refrence that they are rejecting my restrictive check, and they never return a check of equal amount. As far as I am concerned I fully disclosed what I was doing, gave them remedy, and they failed to act on remedy. This is one of about five affirmative defenses I put on my answer. Question  Is there any reason why I can not file a motion for summary judgement on this one issue, and If I lose, this is still pretrial motions, then motion to compel arbitration then? I would really like to know If the UCC and ccc1521(accord and satisfaction) is a remedy to remedy an adhesion contract........Thanks trueq  got the citi TandC Is citi et tal now sendind out new TandC with a change in their arbitration rules with notice given?

[trueq]

I don't think a judge will buy that.

He/she will glaze over at "restrictive endorsement".