Alabama Title Loans, Inc. v. White, 1091642 (Ala. 7-15-2011)

80 So. 3d 887, 2011 WL 2739652
Supreme Court of Alabama·Decided July 15, 2011·No. 1091642 and 1091677·Published·Cited by 13 cases

Opinion

MAIN, Justice.

Alabama Title Loans, Inc., Accurate Adjustments, LLC, and Kevin Scott Sanders, defendants in an action pending in the Mobile Circuit Court (sometimes referred to collectively as “the title-loan parties”), appeal from the trial court’s order denying their motions to compel arbitration of claims filed against them by the plaintiff, Kimberly C. White. We reverse and remand with directions.

I. Factual Background and Procedural History

On May 29, 2009, White borrowed $1,700 from Alabama Title Loans, securing the loan with a security interest in her automobile, a 2006 Nissan Sentra.1 Alabama Title Loans required White to surrender to it the original certifícate of title to the Nissan and a key to the Nissan and to sign a title-loan agreement. The title-loan agreement contained an arbitration clause that stated, in pertinent part:

“14. ARBITRATION PROVISION: The Arbitration provision describes when and how a Claim (as defined below) may be arbitrated. Arbitration is a method of resolving disputes in front of one or more neutral persons, instead of having a trial in court in front of a judge and/or jury. It can be a quicker and simpler way to resolve disputes. As solely used in the Arbitration Provision, the terms ‘we’, ‘us’ and ‘our’ mean the Pawnbroker (listed on the top of the first page of this Agreement), its parent companies, wholly or majority owned subsidiaries, affiliates, successors, assigns and any of their employees, officers and directors, and ‘you’ means Pledgor (listed on the top of the first page of the Agreement). These terms for the purposes of this Arbitration Provision also mean any third party providing any goods and services in connection with the origination, servicing and collection of this Agreement if such third party is named as a party by you in any lawsuit between you and us.
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“(b) What Claims Are Covered: ‘Claim’ means any claim, dispute, or controversy between you and us that in any [889] way arises from or relates to this Agreement or the Vehicle (excluding either party’s right to file and maintain a claim in an appropriate small claims court) securing this Agreement. ‘Claim’ has the broadest possible meaning, and includes initial claims, counterclaims, cross-claims and third-party claims. It includes disputes based upon contract, tort, consumer rights, fraud and other intentional torts, constitution, statute, regulation, ordinance, common law and equity (including any claim for injunctive or declaratory relief). Subject to paragraph (f) below, it also includes disputes about the validity, enforceability, arbi-trability or scope of this Arbitration Provision or this Agreement. However, ‘Claim’ does not include (i) our right to enforce our security interest and to obtain possession of the Collateral by seeking a replevin judgment or by using self-help, provided such action seeks only possession of the Collateral and not a personal monetary judgment against you, or (ii) any individual action in court by one party that is limited to preventing the other party from using a self-help remedy and that does not involve a request for damages or monetary relief of any kind. But if that Claim is transferred, removed or appealed to a different court, we then have the right to choose arbitration. The parties agree that this Arbitration Agreement is not applicable to ‘small claims’ meaning those claims that either party is entitled to file and maintain in an appropriate small claims court, or your State’s equivalent. However, if that small claim is transferred, removed or appealed to a different court, we then have the right to choose arbitration.
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“(1) Rules of Interpretation: This Arbitration Provision shall survive the repayment of all amounts oived under this Agreement, any legal proceeding, or any use of a self-help remedy by us to collect a debt owed by you to us.... ”

(Emphasis added.)

On June 30, White paid the interest of $425 plus a late fee of $23.33 on the May loan and signed a new title-loan agreement for $1,698.33, the balance of the principal remaining on her May loan. The June title-loan agreement contained an arbitration clause identical to the one in the title-loan agreement White signed in May. On July 30, White made another interest payment of $425 and signed a new title-loan agreement for $1,697.91, the balance of the principal remaining on her June loan. The July title-loan agreement contained an arbitration clause identical to the arbitration clauses in the title-loan agreements White signed in May and June.

On August 17, 2009, White says she went to Alabama Title Loan’s office and told the employee behind the counter that she was ready to pay her loan in full. The employee told her that she would begin to prepare the paperwork, White says, and also told her to come back later in the day to pick up her original certificate of title and the key to her automobile. All the title-loan agreements White signed included the following provision: “Upon payment in full of this obligation, Pawnbroker will release any recorded lien and return the Certificate of Title to Pledgor.” White states that when she returned she paid her loan in full, using cash, and the employee returned the key and the certificate of title to the Nissan. White says that, when the certificate of title was returned to her, it reflected a discharge of the lien Alabama Title Loans had placed on her Nissan. White insists that she never returned to Alabama Title Loans.

On October 12, 2009, White borrowed $3,627.48 from Harrison Finance Compa[890] ny, a company that is not affiliated with Alabama Title Loans. White secured this loan by providing Harrison Finance with a security interest in her 2006 Nissan Sentra automobile. Harrison Finance obtained a lien on the Nissan and, White says, took possession of her original certifícate of title.

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Alabama Title Loans, Inc. v. White, 1091642 (Ala. 7-15-2011), 80 So. 3d 887, 2011 WL 2739652 (Ala. 2011).

80 So. 3d 887 (Alabama Title Loans, Inc. v. White, 1091642 (Ala. 7-15-2011)) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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