How to answer Motion To confirm National Arbitration Award/Motion for final Judgment

[Mary Snow]

What is the name of your state? Florida

A year ago in June of 2005 a debt collector "law firm" in Atlanta, GA started arbitration on two Bank One/Chase credit card accounts with the National Arbitration Forum in Minneapolis, MN.

At that time I requested vaious validation and that they were assigned the debt by the original creditor. I also notified them that arbitration claims must be filed in the Federal Judicial District in which I reside.

I was sent a lot of paperwork and was overwhelmed yet they never adressed the fact that this arbitration was held in a distant state.

The National Arbitration Forum (Minn, MN) granted Chase as a successor to Bank One an award on both accounts in c/o this Atlanta debt collector in March of 2006 and I was not able to appeal.

On April 4, 2006 I received letters on both these accounts from yet another debt collector "law firm" in Jacksonville, FL, demanding payment on the original arbitration award. I promptly responded via certified mail on April 10, 2006, requesting validation within 30 days:

- that the Original Credior referred the account to them for collection.
- that they provide me with copies of loan agreement I signed
- that they explain how they calculated amount they say I owe
- that they cease phone calls until all requested documents are received.

I only recevied a form letter stating the total amount on each account (no explanation of how total was calculated) and never received any of the other validation requested from the Jacksonville debt collector "law firm."

After receiving phone messages on my answering machine from this same collector, I sent another letter on June 7th via certified mail notifying them that I never received requested validation.

Today, June 21, 2006, the Sheriff delivered a "Motion To Confirm Arbitration Award" & "Motion for Final Judgment on Arbitration Award."

How do I answer this motion filed with my County Court? Especially since my requests for validation have been ignored by this collector? I'm totally confused because the original arbitration was requested by a Georgia Debt Collector on behalf of Bank One/Chase and now payment is being demanded by a Florida Debt Collector.

I had excellent credit prior to 2005 but have fallen into hard times. I'm a single head of household (with homestaed exemption) and I care for my 81 year old mother in my home who is my dependent.

Please advise on repsonding to these motions.

 

[TigerD]

At that time I requested vaious validation and that they were assigned the debt by the original creditor. I also notified them that arbitration claims must be filed in the Federal Judicial District in which I reside.

What would make you think that was correct?

I was sent a lot of paperwork and was overwhelmed yet they never adressed the fact that this arbitration was held in a distant state.

Is there a point? What did your lawyer say about it?

The National Arbitration Forum (Minn, MN) granted Chase as a successor to Bank One an award on both accounts in c/o this Atlanta debt collector in March of 2006 and I was not able to appeal.

Of course not, arbitration is binding and final -- you did read your credit card agreement right?

On April 4, 2006 I received letters on both these accounts from yet another debt collector "law firm" in Jacksonville, FL, demanding payment on the original arbitration award. I promptly responded via certified mail on April 10, 2006, requesting validation within 30 days:

- that the Original Credior referred the account to them for collection.
- that they provide me with copies of loan agreement I signed
- that they explain how they calculated amount they say I owe
- that they cease phone calls until all requested documents are received.

This is just silly. They are under no obligation to give you any of that.

I only recevied a form letter stating the total amount on each account (no explanation of how total was calculated) and never received any of the other validation requested from the Jacksonville debt collector "law firm."[/QUOTE]
That is validation.

After receiving phone messages on my answering machine from this same collector, I sent another letter on June 7th via certified mail notifying them that I never received requested validation.

They are not responsible for your receiving it -- only their sending it. Receiving it is your problem.

Today, June 21, 2006, the Sheriff delivered a "Motion To Confirm Arbitration Award" & "Motion for Final Judgment on Arbitration Award."

In case you haven't figured this out yet -- they are proceding legally, while you are playing games gleemed from some webstie (no, that is really what I meant - think about it.).

How do I answer this motion filed with my County Court? Especially since my requests for validation have been ignored by this collector? I'm totally confused because the original arbitration was requested by a Georgia Debt Collector on behalf of Bank One/Chase and now payment is being demanded by a Florida Debt Collector. \

Hire a lawyer. Or accept the fact that you are going to lose. Actually, you are probably going to lose anyway, but paying a lawyer might make you feel better.

I had excellent credit prior to 2005 but have fallen into hard times. I'm a single head of household (with homestaed exemption) and I care for my 81 year old mother in my home who is my dependent.

So what. All anybody cares about is their money.

DC

 

[Mary Snow]

in response

Dear Debt Collector:

Please know that some people do suffer hardships for a myriad of reasons.

Also know that I was making payments (totalled to $1000) to the first collector who then went to arbitration when I missed a payment & asked to lower the minimum monthly amount they were demanding.

I never dodged their calls, I always returned calls. I was doing my best to make payments under dire cirustances including getting hit by 3 hurricanes which resulted in zero income for several weeks (I am self employed). Instead of working with someone like myself making a concerted effort to pay, they went to arbitration & now have passed the award to yet another collector.

As for the arbitration clause - it reads: any arbitration hearing at which you appear will take place within the judicial that includes your billing address at the time of the claim.

I don't live in Minneapolis.

 

[TigerD]

Dear Debt Collector:

Please know that some people do suffer hardships for a myriad of reasons.

umm duh! And that is completely irrelevant to the discussion.

Also know that I was making payments (totalled to $1000) to the first collector who then went to arbitration when I missed a payment & asked to lower the minimum monthly amount they were demanding.

So when you broke the payment arrangement they courteously made for you, they pursued their legal options.

I never dodged their calls, I always returned calls. I was doing my best to make payments under dire cirustances including getting hit by 3 hurricanes which resulted in zero income for several weeks (I am self employed). Instead of working with someone like myself making a concerted effort to pay, they went to arbitration & now have passed the award to yet another collector.

Great. Returning calls is good. As a collector, it shows me that a person is willing to resolve the issue. It also makes me more apt to work with them. That said, however, breaking a payment with a CA is the kiss of death. Regardless of the reason -- there are always excuses, and we have heard them all -- breaking the arrangement makes it more difficult to work with a debtor.

As for the arbitration clause - it reads: any arbitration hearing at which you appear will take place within the judicial that includes your billing address at the time of the claim.

"at the time of the claim." You contract covered that. I don't even have to read it -- they all do. Arbitration isn't designed to assist you in the issue. It is designed to make judgments easier for the creditors. The reason they are now using attorneys in Florida is they have to confirm the arbitration award in Florida courts for it to have any power. If you want to fight it you need an attorney.

DC

 

[John Hall]

Comment To Mary Snow Regarding Her Question About Confirming An Arbitration Award

Ms. Snow: You appear to have asked your question last year, and it is probably to late now to do anything about it, at this point, but I just joined this forum in the last few minutes and saw the response that you received from the "bill collector" that refused to identify himself. I don't think I have ever seen a more blatantly obnoxious answer to a legitimate question that was asked by you in good faith. Not only was this person's tone contemptible, whoever it was was both factually and legally incorrect. Sometimes there are indeed ways to have a court deny the confirmation of an arbitration award, and the response you received was nothing but the rantings of a misinformed and bitter knucklehead, to put it nicely. As for myself, I have been helping people fight these bill collectors for the past twenty seven years since graduating from law school, and the mean attitude and outright cruelty that this person demonstrates is a my own personal motivation for a large portion of what I do. Considering that he is literally kicking someone when they are down that does not have the financial resources to protect herself, he is nothing but a coward. As far as I am concerned, these vermin rank BELOW child molesters in the moral scheme of things, and deserve to get their butts kicked. Don't believe for a minute what this guy says when he claims that all that anyone cares about is money - he is just bitter and it surprises me that he would be so arrogant as to shame himself like this. If you ever have any other problems with someone like this, be assured that there are plenty of good people out there that will help you and that just might not even charge you to do so.

 

[TigerD]

Well, johnny. You made some bold statements. Now how about some citations to back those up. What in my comments was factually and or legally in accurate? Prove it.

As for the name calling and the rest of your dribble, that say all I need to know about your character.

DC

PS - A lot of people make silly, "I'd kick their ass," comments online and, frankly, it makes you look quite silly. But for you, if you want to come to Springfield, Mo., we can go down to the dojo, strap on some pads and I'll give you your shot to pummel this debt collector.