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Monday, February 17, 2020

Law firm Messerli & Kramer alleges it did not agree to arbitration in alleged debt case

By Jenie Mallari-Torres | Jun 8, 2018

Law money 10

MINNEAPOLIS (Legal Newsline) – A Minnesota law firm is seeking declaration regarding an arbitration complaint related to an alleged credit card debt.

Messerli & Kramer PA filed a complaint on May 25 in the U.S. District Court for the District of Minnesota against Joseph Lampi and American Arbitration Association Inc. seeking declaratory judgment.

According to the complaint, Lampi entered into a contract in 2012 with Synchrony Bank for a credit card, which he later defaulted on. The suit states Synchrony Bank charged off the account and transferred it to Midland Funding, which is represented by the plaintiff. 

The suit states legal action commenced in Ramsey County Conciliation Court, and eventually Lampi filed a demand for arbitration in January against the plaintiff with the American Arbitration Association. The plaintiff alleges it did not consent or agree to be bound by the arbitration agreement in the Synchrony Bank contract.

The plaintiff holds Lampi and the American Arbitration Association Inc. responsible because the defendants allegedly violated terms of the arbitration due to its lack of jurisdiction and improperly assigned the case to a case administrator and arbitrator.

The plaintiff requests seeks declaratory judgment, preliminary and permanent injunction, award of costs, disbursements, prejudgment interest, attorneys’ fee, and further relief as the court deems just. It is represented by Derrick N. Weber and Stephanie S. Lamphere of Messerli & Kramer PA in Plymouth, Minnesota.

U.S. District Court for the District of Minnesota case number 18-cv-01443

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U.S. District Court for the District of Minnesota