arbitration ruling

[kmhartman]

What is the name of your state? Pennsylvania

husband on ss disability since 1985. i worked full time until 2001 when i became ill and am now also out on ss disability. have one credit card unable to settle. collection attorney purchased account from mbna and filed for a decision with the national arbitration forum. i sent everything i could explaining our severe financial situation to both the collection attorney as well as the forum. this included bank records as well as a complete list of all bills. i also included a complete list of all medications taken by my husband and i. pleaded with the arbitration to leave the account as an uncollectible but an award was rendered in the collection attorney's favor. i don't know what to do. i have no money. we are not getting all our meds filled now because of lack of income. please. someone help me. can i appeal this ruling? what is going to happen next? please. i'm sick over this and don't know where to turn. we have no money for an attorney. please help us.

 

[OC3902]

If an arbitration was decided by the entity you described as the "national arbitration forum", it appears this was a contractual arbitration, in which case the decision of the arbitrator is likely binding. If it was a court-ordered arbitration, you could "appeal", but if it was a contractual arbitration, probably not. Ask this national arbitration forum that you referred to or mbna what the procedure is for a possible appeal, and get a copy of the rules/contract so you can review it. As for the merits of your case, I don't know all the evidence the arbitrator had before him and I can't tell you if an appeal would be successful.

 

[cmorris]

They cannot seize your bank account as it is exempt, so long as it is the ss disability.

 

[Ladynred]

The arbitration 'award' by itself is about as useless as toilet paper as far as forcing you to pay them anything. I'm guessing you got slammed by Walpoff and Abramson - MBNA's pet collection dogs. They can't force anything with that award, and they sure as hell can't take anything from you. The ONLY way for them to be able to do anything would be if they took the arbitration award to the courts to have it turned into a judgment against you.

IF they go that far, then your income is completely exempt. In PA they cannot place a lien on your home for credit card debt and if the house is deeded as 'tenancy by entirety' they can't touch it anyway. All your other assets would likely be exempt -so there's very little they can do to you except make their usual nasty and ILLEGAL threats.

Don't plead with them, don't talk to them at all, its pointless really, they don't want to hear it and will NOT negotiate - W&A never does and they break the law with abandon.

 

[kmhartman]

arbitration ruling-P. Scott Lowery

Thank you so much for your responses. I do feel a little better. But I am scared, really scared. Scott Lowery is the collection attorney doing this. I have not read anything good about him. The only paperwork we received that was sent to the arbitrator by Mr. Lowery was a copy of the MBNA cc agreement and balance on the account. Nothing else. On the other hand, I sent everything I had to plead my case. If they do proceed with the judgment, what will happen? All our income is SSD. We have 2 mortgages on our home, car payment, utilities and multiple, multiple medical bills and prescriptions we need. We are at a negative right now with our income and will have heating oil bills very soon. We sent a "hardship" letter to Mr. Lowery along with so much documentation that I could not believe he would continue to pursue this. We did have a realtor look at our home but because of condition it's in (needs new roof but no money to get one) we would not get what we owe on it. What can Mr. Lowery do now? Just get a judgment? Will I have an opportunity to appear in court and plead my case? The arbitrator was the National Arbitration Forum in MN and the arbitrator was a PC attorney. Thanks to all of you for your responses. I didn't sleep last night because of this. This was not planned. I was paying all our bills until I got sick. Then everything went to hell.

 

[cmorris]

Re-read the post by Ladynred. She is excellent and knows her stuff.

Don't worry about it. Before this arbitration award can be enforced, they have to go to court to get a judgment. Then, they still can't take anything of yours!

Good luck to you!

 

[kmhartman]

To cmoris and ladynred: Thank you both for your supporting words. I do feel much better now. I can't begin to tell you how scared I was over all this. At least we won't lose our home and since all our income is disability income, I don't have to worry about any garnishments. This came at such a bad time as I'm seeing a surgeon next week for a hip replacement. Since Mr. Lowery is an attorney, shouldn't he know PA laws regarding disability income and liens? I can't believe he's putting us through this. We honestly have nothing. Ladynred, you are a Godsend. I did re-read your post and do feel much better. One credit card, only one, and all this pain. Thank you again for all your support. I didn't know where else to turn.

 

[cmorris]

This attorney is just trying to get money. Many times, these types of attorneys and CA's will say anything to try and scare you into paying (even if you do not have the funds). It is just a scare tactic. They are counting on you not knowing the laws and your rights.

Best of luck to you on your surgery and through this difficult time.

 

[Ladynred]

You're quite welcome. From all you've said, you have NOTHING they can take from you. Lowery could still try for a judgment, but it would be one he'd never be able to collect on.

I don't know where in PA you are, but here is the website for a consumer lawyer who might be able to help you. Mr. Rubin is a really nice guy and has great info on his site.

http://www.pennlawyer.com/