MIDLAND FUNDING LLC A/P/O WEBBANK VS. ROBERTA BORDEAUX A-0850-14T3Plaintiff filed a civil action in small claims court to collect the full amount of a consumer debt's alleged outstanding balance. The issue in this appeal concerns the enforceability of an arbitration clause that plaintiff claims was part of the original creditor's consumer credit application form. Plaintiff's sole evidence of the arbitration agreement's
We reverse. Relying on Atalese v. U.S. Legal Serv. Grp., L.P., 219 N.J. 430, 442 (2014), cert. denied, ___ U.S. ___, 135 S. Ct. 2804, 192 L. Ed. 2d 847 (2015), we hold that plaintiff failed to prove that defendant knowingly waived her constitutional right to adjudicate this dispute in a court of law.