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NJ: Is the arbitration demand mandatory or optional?

New Jersey
Martin Smith

I don't want arbitration

13 replies

Shareholder at Marin Goodman LLP
| 1 reviews
Oct 14, 2021

That would depend upon your contract and how New Jersey courts review and apply arbitration clauses varies depending on how the clause is worded.

You're welcome to email me your contract for a preliminary review.

tcamp@maringoodman.com

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Martin Smith
Oct 14, 2021

No contract.
Client solicited services via text message, stopped payment on a check

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Shareholder at Marin Goodman LLP
| 1 reviews
Oct 14, 2021

Then you haven't agreed to arbitration so your answer is likely, optional. You should write the client advising that you have no arbitration agreement and reject the demand to arbitrate.

Disclaimer: I do not have all your facts. We do not have at attorney-client relationship. And this is not to be considered legal advice on which you can rely in light of all that.

I would encourage you to have the matter reviewed by an attorney who can perhaps write a letter to the customer and get this resolved. You should also communicate with the cited arbitrator or arbitration entity to tell them your position - no agreement to arbitrate - and be sure they don't respond that you do have such an agreement or the like.

Again, 'always best to have an attorney involved so there are no surprises or misses.

 

 

My comments are offered as guidance only and are not legal advice and do not establish an attorney-client relationship. It is always wise to engage and
consult an attorney on legal matters, whether substantive or procedural.See More...
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Shareholder at Marin Goodman LLP
| 1 reviews
Oct 14, 2021

Stopped payment on a check - That night open the door to criminal charges .... You can Google NJ bad check. And that adds to your leverage.

My comments are offered as guidance only and are not legal advice and do not establish an attorney-client relationship. It is always wise to engage and
consult an attorney on legal matters, whether substantive or procedural.See More...
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Shareholder at Marin Goodman LLP
| 1 reviews
Oct 14, 2021

"might" not "night" - typo

My comments are offered as guidance only and are not legal advice and do not establish an attorney-client relationship. It is always wise to engage and
consult an attorney on legal matters, whether substantive or procedural.See More...
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Martin Smith
Oct 14, 2021

I understand limitations on attorney client relationships-this is an informal conversation
I provide goods and services to close swimming pools.
I performed several jobs for this guy this summer
He indicated dissatisfaction as the pool cover wasn't tight and was touching the water
Additional labor was required because he doesn't own the cover pole/tool and removed the cover by loosening the straps in the spring
This required 2 hours of re adjustment analagus to installing a new cover for the first time
The customer has a wooden deck in poor condition, the brass cover anchors are missing, broken, in the wrong place etc.
There is a police case and I'm probably going to have to prosecute an SC ticket, however, I am filing a subpoena under the poice case number n his bank account to see how often this guy does this
This information may persuede the local prosecutor to charge him in the name of NJ
I will also sue, so my approach is 3-pronged
As your attorney, i advise you to rent a fast car with no top.... :)

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If you are talking about filing a Lien against a Residential property, then you must demand arbitration in accordance with the NJ Lien Law. If you are speaking about a normal contract dispute (as opposed to a lien filing), then arbtiration would only be mandatory if required by your contract.
 
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herryy lauu
Aug 18, 2022
Sometimes, companies will choose to include a mandatory arbitration clause in their employee handbook cinenerdle. This means that employees must agree to the clause in order to keep working. stumble guys
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oda jaquan
Courier at Langworth Ltd and Sons
Sep 19, 2022

Your bad check from New Jersey can be found by searching the internet. That gives you even more bargaining power. cookie clicker 

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