One can always attempt to bring an action instead of following the contractual provision. So long as it isn't challenged, you'll be fine in choosing another venue. That said, if the other party wishes to follow the contract requirement for submission to AAA, then in most instances the provision will be enforceable. Depending on the amount at issue, the other party might likewise feel that small claims isn't a bad option, or conversely want to keep it out of small claims.
You're going to get a million opinions as to which is better, and I don't think any one is right. For my two cents, attorneys who also do defense work bring a unique perspective to the table in that they know the system very well from the other side. That said, many attorneys who do exclusively PI work are excellent and have never done any defense work.
If by summons to court you mean he received a summons and complaint in a civil action for personal injuries, I'm hoping he placed his insurance carrier on notice of the accident. Assuming there is a defensible position and the carrier doesn't pay out the policy outright, the carrier will provide counsel to defend the civil suit as a component of hi coverage.
So long as the client agrees to the recurrent payments, it is legal; you would obviously want to avoid any unauthorized use of a customer's credit info. +A clause outlining the repayment terms would suffice, although you should consult with counsel to ensure that it is drafted in such a way to protect your interests and adequetely place customers on notice of their rights and cancelation policies.
Failure to pay back a debt is not a criminal offense, although they will likely commence an action to secure a judgment against you for the amount due. If you are the same person who posted a similar question regarding bankruptcy, please see that answer as well for additional details.
Fully agree with my colleagues. 50h hearings are optional, and a municipality's failure to conduct one is not an acknowledgment or recognition of the allegations. The municipality will either attempt to settle, or, if they don't, you will need to commence an action to preserve your rights and prosecute your claims.
You may be stuck paying the penalty. Unlike with some types of contracts, there is no rescission period available in NY for lease agreements. Short of paying the penalty, your options are really three fold. Find someone to take over the lease, assuming its assignable; sublet the apartment; or try to negotiate something mutually agreeable with the landlord/management company. Given the length of the lease, aside from outright paying the penalty, the last option is likely your only practical...
I agree with Attorney Fromm. The only concern would be whether the bank will release the records to someone other than your parents or your sister (as their POA). The fact that you don't hold their POA may give the bank pause to release the documents to your attention without something more. The bank may require something in writing authorizing the document release to you or they may require that either your parents or the actual POA pick up the documents.
As an aside, why doesn't the bank...