Dueling (Proposed) Orders: Will Judge Susan Weaver Demand Consumer Abide By A Non-Consensual Contract of Adhesion?

First American Home Warranty sold me a policy, paid through escrow, without ever letting me review the contract. When the contract came in the mail, it was too late to switch to another company. The forced air unit in the house I bought failed within days of moving in.

The two companies First American referred me to for my repair or replacement both show on the Arkansas Secretary of State website as status “revoked”.

The work was not completed by First American’s choices, and eventually I paid for the replacement of the unit myself.

Then I had the misfortune of Judge Susan Weaver presiding over the case I filed.

Judge Weaver acted like she has never heard of the elements of a contract, meeting of the minds, or rescission. She ordered me to use binding arbitration, because there was an arbitration clause in the contract that I did not consent to but attached to my complaint as an exhibit. If I had not attached the disturbing contract, it is likely Judge Weaver would dismiss my case for violation of the rule that requires attachment, Ark. R. Civ. Pro. 10(d).

“Required Exhibits. A copy of any written instrument or document upon which a claim or defense is based shall be attached as an exhibit to the pleading in which such claim or defense is averred unless good cause is shown for its absence in such pleading.” Rule 10 – Form of Pleadings, Ark. R. Civ. P. 10

As per the analysis of this language by ChatGPT: “Yes, even if you did not consent to the contract, Rule 10(d) of the Arkansas Rules of Civil Procedure still generally requires that a copy of the disputed contract be attached to the complaint if the claim is based on it. The purpose of this rule is to ensure that all parties and the court have access to the document at issue.

“However, your lack of consent to the contract could be a key argument in your case. If you are disputing the validity of the contract—for example, arguing that you never agreed to it, that it was fraudulent, or that it is otherwise unenforceable—you would still need to reference and challenge the contract within your pleadings. Attaching the contract does not concede its validity; rather, it allows the court to evaluate your objections to it.

“If you are the plaintiff challenging the contract’s validity, you may still need to attach it to show what you are disputing. If you are the defendant responding to a claim based on the contract, you are not required to attach it, but you can argue against its enforceability.”

I filed a motion to continue the case on the docket until the propriety of recusal of Judge Weaver is determined by a higher court. Alternatively, I am willing to use arbitration if it is non-binding and is not pursuant to the contractual limitations.

Here is my motion:

Here is the exhibit to the motion:

Here are the orders proposed by First American Home Warranty’s attorney and by me.

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Do you think consumers should be forced to adhere to contracts of adhesion that are not provided for the consumer’s review before paying for a home warranty? Judge Susan Weaver apparently does.