Litigation

Arbitration clauses are protected under the Federal Arbitration Act

Arbitration clauses are protected under the Federal Arbitration act. The US Supreme Court confirmed this authority in the decision in 2011 in the case entitled AT&T Mobility LLC v. Concepcion. The Supreme Court held that the Federal Arbitration Act preempted California law that, in certain circumstances, arbitration clauses in customer agreements are unenforceable.  The Supreme …

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factoring

Factoring and online arbitration – A perfect fit for debt recovery

Factoring and online arbitration work extremely well together and together provide the foundation for success in resolving disputes and recovering debt. Factoring – also known as receivables factoring or debtor financing – is an industry that is crucial in helping businesses manage their cash flow.  It entails lending money and collateralizing the borrower’s debt or …

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man thinking that online arbitration is cheaper with a backround of dollar signs

Online arbitration is cheaper than traditional arbitration

Online arbitration is cheaper and quicker than traditional arbitration, and this is backed up by facts. Brief’s online platform turns an arbitration claim around in 45 days, compared to 410 days with brick and mortar arbitration.  It is also up to 80 percent cheaper and a run-of-the-mill claim should cost you no more than $1,700. …

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wooden gavel and bronze scales of justice

Will the Civil Courts backlog ever be cleared?

A simple search engine query for “civil courts backlog” will yield hundreds and thousands of links that all say the same thing, that it’s not going away any time soon and things are unlikely to ever return to pre-Covid functionality. Every US court jurisdiction, from the Federal Court right the way down to the District …

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Avoid the trap of “Cut & Paste” contracts as the fine print costs you

What is the real purpose of contracts?  Anyone can shake hands to make a deal, so why write it down?    Because a contract explains the rules of what happens when an agreement doesn’t go as planned.    That “boilerplate” language that everyone glosses over, all of sudden becomes your “guidebook” as to how to proceed. …

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What happens if a judgment is issued against you?

If a judgment is issued against you over a debt claim, your life can be impacted substantially because what was an uncollectable amount of money suddenly becomes a collectible amount of money, often with interest and attorney fees on top. In the past, judgments were only issued by the courts after a debt collection lawsuit …

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Arbitration Awards are legally binding

Arbitration Awards are legally binding

If agreed to by the parties in their underlying agreement, Arbitration Awards are legally binding, meaning that if one is issued against you, it is legally recognized and may be reduced to an enforceable judgment by the courts. Arbitration is a process that has been recognized as an alternative to litigation because it is typically …

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Can attorneys use Brief’s online dispute resolution platform to file a claim

Can attorneys use Brief’s online dispute resolution platform to file a debt claim?

Can attorneys use Brief? Absolutely… just imagine a world where you, an attorney, do not have to go through the messy civil law court system to file a debt claim on behalf of your clients. In COVID times, the law courts are at a complete standstill, and the backlog of cases is getting bigger. Budget …

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The benefits of settling a debt claim

No one wants to have a debt judgment issued against them and settling a debt claim is often quicker and more effective than waiting for an arbitration award or civil court judgment. Debt is a strange animal and there could be many reasons why people have not followed up on their legal obligations to repay …

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Why is it important to respond to a debt claim?

Being in debt is not pleasant and if you do not respond to a debt claim against you within the stipulated time frame, your finances and credit score could be impacted badly. In the past, many creditors walked away from debts, leaving money on the table because the debt recovery process in the Civil Courts …

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