Legal Question in Business Law in Colorado

I have a credit card agreement dispute. I was going to go arbitration per the agreement. The agreement, below, indicates that I will have to pay the first $50 of the filing fee, but the only two arbitration firms that I can use per the agreement charge $125 and the other $250 as a consumer filing fee. Much more than $50.00 that the agreement indicates. The agreement indicates that the credit card company will pay the balance of the filing fee up to 1,500. Then it indicates that the consumer will pay any additional fees. My question is should I proceed - pay more than $50 or ask the credit card company to pay the difference so I can file the arbitration case? If they do not pay the difference can I take the case to county court. The agreement states that I do not need their permission to file a arbitration case. Below is the paragraph in question.

Location of Arbitration and Fees

Any participatory arbitration hearing that you attend will take place in a location that is reasonably convenient to you. On any Claim you file, you will pay the first $50 of the filing fee. At your request we will pay the remainder of the filing fee and any administrative or hearing fees charged by the Administrator on any Claim submitted by you in arbitration up to a maximum of $1,500. If you are required to pay any additional fees to the Administrator, we will consider a request by you to pay all or part of the additional fees; however, we shall not be obligated to pay any additional fees unless the arbitrator grants you an award. If the arbitrator grants an award in your favor, we will reimburse you for any additional fees paid or owed by you to the Administrator up to the amount of the fees that would have been charged if the original Claim had been for the amount of the actual award in your favor. The parties shall bear the expense of their respective attorney's fees, except as otherwise provided by law. If a statute gives you the right to recover any of these fees, or the fees paid to the Administrator, these statutory rights shall apply in the arbitration notwithstanding anything to the contrary contained herein. If the arbitrator issues an award in our favor, you will not be required to reimburse us for any fees we have previously paid to the Administrator or for which we are responsible.


Asked on 2/01/12, 10:11 pm

1 Answer from Attorneys
JAMES GREER, ESQ. GREER & ASSOCIATES

Dear Arbitration Participant: In my experience, when the Respondent's Agreement indicates they are obligated to pay the initial filing fee that exceeds $50.00 then you should go ahead and copy/send that portion of the Agreement (highlighted) to the Arbitration Service, requesting them to send an invoice to the Respondent for the balance due. Also, get an idea (via interview) of the expected charges for your clam in order to be sure you will not exceed the $1500 limit - honestly, the Arbitration Service should be able to perform the Arbitration for that amount or far less.

Best of luck, JAMES GREER, attorney, arbitrator, mediator.

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Answered on 2/02/12, 7:16 am


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