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Arbitration

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joemuni

Member
What is the name of your state?What is the name of your state?
New Jersey
I received a Notice of Arbitration from National Arbitration Forum on Jan 6, 2005 for credit card debt to MBNA that I defaulted on over 3 years ago. The debt had been sold three times. The latest purchaser is Capital One, with NCO Financial as their collector, around Oct 8, 2004. I did not request verification or validation within the 30 days. (I'm not sure of the definitions of verification and validation ?)

I have 30 days to submit a Response (Feb 5.2005), but I don't have a Defense. I can demand a Document or Participatory Hearing.

They are requesting an award that includes $1,250 for attorney fees.

I have been unemployed and do not have assets, and am planing to file bankruptcy in the next several weeks because I have other debts.

I'm not sure how I should handle this. Ask for more time to submit my Response (so I can file bankruptcy), demand a Document or Participatory Hearing, or request for verification / validiation ?

They included an Arbitration Provision in the Credit Card Agreement that states:
"This Arbitration Section shall survive the termination of
your account with us as well as any voluntary payment of the
debt in full by you, any bankruptcy by you or sale of the
debt by us."

When I file Bankruptcy or obtain a Discharge, will the Arbitration award be valid ?

Your comments are appreciated.
 



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