Are you tangled in a frustrating dispute with a creditor, home builder, or car dealership here in Texas? And now, on top of everything, are they pointing to an arbitration clause, making you feel like you’re trapped and your voice won’t be heard?
Arbitration clauses push your case into a private system with complex rules, away from the familiar courtroom process, leaving you worried about fairness and your chances of a just outcome.
Tough, Legal Representation for Texas Consumers
Cannon Legal PLLC steps in to bring relief and confidence back to Texas consumers facing arbitration. We take the weight off your shoulders by navigating these complexities for you.
Stop carrying the stress of arbitration alone. Gain confidence and relief by putting an experienced fighter in your corner.
How We Fight For Your Rights in Arbitration
Our experienced consumer law attorneys understand the intricacies of arbitration in Texas and are committed to protecting your interests. Here is how we build a powerful case for you:
1. Decoding the Contract and Clause Validity
We don’t just accept the clause. We meticulously review your contracts to identify the existence and specific terms of any arbitration clauses. We assess if the clause is legally sound and applicable to your specific dispute.
2. Challenging the Right to Arbitrate (Waiver Assessment)
Did the company try to use the courts first? We analyze the opposing party’s actions (like a creditor or lender) to determine if they have waived their right to arbitrate by substantially engaging in litigation. Based on key rulings like Morgan v. Sundance, we argue forcefully that they may have given up this right due to unreasonable delay. We also explore potential contractual defects that might make the arbitration agreement unenforceable under Texas law.
3. Powerful Legal Representation and Filing Assistance
If arbitration is necessary, you won’t be alone. We assist you with the proper, complex filing procedures required by the relevant arbitration forum. Most importantly, we provide experienced legal representation throughout the proceedings—gathering evidence, preparing legal arguments, and advocating strongly on your behalf before the arbitrator.
4. Strategic Settlement Negotiations
We represent you in negotiations to reach a favorable settlement, leveraging the fact that creditors often prefer a settlement to incurring hefty forum fees in arbitration.
5. Reviewing Arbitration Awards
If an arbitration award has been issued, we review it for potential legal grounds to modify or correct the award if it contains errors in form or addresses matters not properly submitted to arbitration, as allowed under Texas Civil Practice & Remedies Code §171.091.
Arbitration Filing and Representation FAQ’s
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.
An arbitration clause in Texas 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.
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.
Arbitration awards in Texas 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.
While you can represent yourself in a Texas arbitration, 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.
Arbitration in Texas 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.
Arbitration in Texas 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.
Yes, settlement negotiations are often possible even within the Texas arbitration process. We can represent you in these negotiations.
We can evaluate the fairness of the Texas arbitration clause and explore arguments that it might be unconscionable under certain circumstances, although this is a challenging legal argument.
We fight for concrete results. Our commitment and capability are highlighted by major wins, including a $912,000 arbitration award we recently secured 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.
Contact Cannon Legal PLLC today for a confidential consultation. Let’s discuss your situation and how we can protect your interests as a Texas consumer.