Sunday, January 16, 2005

Binding arbitration and the Constitution

CREDITWRENCH has advised on his website that in order to counter an acceptance of a contract to include binding arbitration, one should right a letter that includes, among other things, the following:

"Your statement that if I do not comply with your demands to either accept or reject you will consider that I accept and that I will be forced to obey the terms of your supposed "Agreement" is totally illegal in that it violates my 5th Amendment right to remain silent on any matter".


CREDITWRENCH needs to read the US Constitution as this isn't his first mistake in his reference to it. Nowhere does the US Constituion state that one has a "right to remain silent on any matter."

The phrase "right to remain silent" is from a Supreme Court ruling in Miranda v. Arizona et al, and deals with confession of a criminal act during police interrogation. Courts have been consistent in their rulings that the self-incrimination protection extended by the 5th amendment relates to criminal matters. It has nothing to do with contract law.


CREDITWRENCH stating that the US Constitution gives the right to remain silent on any matter is false and misleading.







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