We were forced into arbitration by Palm Harbor Homes sue to being forced to sign away our 7th amendment right.
Amendment VII
In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise reexamined in any court of the United States, than according to the rules of the common law.
We had to pay over $12,000 to file our case and they did not follow their own rules and proceedures when working on our case. On top of the $12,000 we had to pay all of the arbitrator's expences.
It took them over 6 months to schedule our case.
Our arbitration was scheduled for 2 days in May in Houston, Texas. When we arrived at the arbitration the arbitrator was joking and talking to Palm Harbor Attorneys (they were on a first name basis) about how he almost missed our case as he didn't have it written down right. He had to hurry and catch a flight from San Antonio.
For $12,000 plus expenses I could at least get the date on my calendar correct.
During our Arbitration the arbitrator fell asleep no less than 4 times and in between his nap he changed our case to 1 day instead of 2. I guess since he had already made is mind up he didn't need 2 days. When he wasn't sleeping he was dipping snuff and gagging over his spit cup. He did a great rendition of a cat hacking up fur balls. He did not listen to our witnesses and he ignored the pure hard facts.
It was truly amazing how he was able to rejuvinate his self when the Palm Harbor witness gave his statment. Now this is a professional witness as he has testified for Palm Harbor in at least 6 other mold cases. The arbitrator actually set up and put his glasses on (this was the first time he had put them on all day) and read the witnesses report.
We had to witnesses that had been to our home and tested our home and he slept through their statments.
When the farce of a arbitration was over, this was on Wednesday the same day that it started he told us that he would have his decision to the AAA on Friday morning. Our evidence book was over 4 inches thick and since he slept through the arbitration one would think that he would need to look over it. Nope he awarded us $19,000 for a $83,000 house and nothing for lawyer fees nor the pain and suffering that we went through for 2 years.
The AAA is only in it for the money and they would not know justice if it bit them on their butts!!! Do not waste your time or money on arbitration it is not worth it, buy hey that is exactly what the companies who force you to sign the agreement wants.
We can screw you and you can't do anything about it. Arbitration cases are held private and not publcized in any way. Big Business Wins and the consumer looses again, politicians that advocate arbitration are robbing us of our constitutional right. So the next time you vote ask if your state officials support legalized theft by supporting arbitration.
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