Consumer Arbitration Defense
Many consumer contracts contain arbitration clauses, which can be confusing and make it seem like you've lost your right to go to court. If you're dealing with a dispute and the other party is pushing for arbitration filing and representation, Creditor Strike Legal PC is here to provide the expert legal assistance you need.
Here's How We Fight For You
We Decode the Contract
Is that arbitration clause even enforceable? Does it truly apply to your specific problem? We meticulously review it.
We Watch for Waiver
Did the company try to use the courts first? Based on key rulings like Morgan v. Sundance, we know how to argue forcefully that they may have given up their right to force you into arbitration.
We Challenge Unfair Clauses
We look for every legal reason why the arbitration agreement might be invalid under Texas law.
We Master the Process
If arbitration is necessary, we handle the intricate filings and procedures, ensuring everything is done correctly.
We Provide Powerful Representation
You won't be alone. We advocate strongly for you throughout the arbitration. And we get results – we recently secured a $912,000 arbitration award for a Texas homeowner against their builder. This shows that with skilled representation, you can achieve significant victories, giving you the confidence that your case is in capable hands.
We Negotiate Strategically
Knowing companies often want to avoid hefty arbitration fees, we leverage this to negotiate the best possible settlement for you.
We Review Awards
Even if an award is issued, we examine it for errors, seeking corrections under state law when appropriate.
Pricing & Costs
Legal fees are based on the work needed to be done.
Agreement / Contract Review
$350Review for ability to conduct arbitration on the agreement. Includes waiver assessment, challenging arbitrability.
General Consultation
$350A consultation about the feasibility of an arbitration action on an agreement.
Reviewing Arbitration Awards
$450We will examine an arbitration award entered against you or your company to see if there are errors and the ability to alter the award in our client’s favor.
Pro Se Arbitration Filing Assistance
$500We will help you determine your best case in arbitration, explain the Arbitration Process, offer templates for you to write your submissions to the Arbitration Forum, Available to answer 60 minutes of questions during the process. Additional time can be purchased.
Representation in Arbitration
$1500 + Monthly FeeWe will help determine your best case in arbitration, damage model, draft demands, draft and file pleadings, and represent you in the hearings.
Settle an Arbitration Award
See Judgment PricingWe negotiate lump-sum settlements or structured payment plans with judgment creditors to resolve outstanding balances.
Arbitration Frequently Asked Questions
What is an arbitration clause?
An arbitration clause is a provision in a contract that requires any disputes related to the contract to be resolved through a private arbitration process instead of going to court.
Can I avoid arbitration if my contract has an arbitration clause?
It can be difficult, but not always impossible. We can evaluate if the other party has waived their right to arbitrate through their actions, or if there are defects in the contract itself that could make the arbitration clause unenforceable.
What is "waiver" of arbitration?
Waiver occurs when a party takes actions inconsistent with their right to arbitrate, such as substantially litigating a case in court before trying to compel arbitration. Under recent case law, you may not even need to show you were prejudiced by their delay to argue waiver.
What if I disagree with the arbitration outcome?
Arbitration awards are generally final and have limited grounds for appeal. However, we can review the award to see if the arbitrator exceeded their powers or made clear errors that could allow for modification or correction by a court. Vacating an arbitration award is very challenging.
Do I need a lawyer for arbitration?
While you can represent yourself, having experienced legal representation can significantly increase your chances of a favorable outcome. We can navigate the rules, present your case effectively, and protect your rights throughout the process.
How is arbitration different from going to court?
Arbitration is a private process where a neutral third-party (the arbitrator) hears the dispute and makes a decision. It is generally less formal than court proceedings and has limited rights to appeal.
What costs are involved in arbitration?
Arbitration often involves filing fees and arbitrator fees, which can sometimes be significant. We can discuss potential cost-sharing provisions in your contract and strategies to manage these expenses.
Can I still try to settle my case if it's going to arbitration?
Yes, settlement negotiations are often possible even within the arbitration process. We can represent you in these negotiations.
What if the arbitration clause seems unfair?
We can evaluate the fairness of the arbitration clause and explore arguments that it might be unconscionable under certain circumstances, although this is a challenging legal argument.
How to Hire Us or Start the Process
Get experienced legal representation from Creditor Strike Legal PC. Request your confidential consultation before deadlines expire.