arbitration notice received

[violetcat65]

I had received some mail from my dad that was sent to his address where i used to live and among them was a fed ex envelope. This contained a Notice of Arbitration from The National Arbitration Forum. There was also a second NOA which was mailed May 8th 2007. I did not get this mail until Monday 5/28/07. I am trying to wait to file until after July 1st 2007 when the personal property exemption is due to go up in Florida to $4000, I do not have a homestead so this will definitely benefit me.

Can anyone think of anyway to delay this if possible? Should I call them and dispute the amount they say I owe? My attorney has said to call them and work out a deal so they don't garnish my check or bank account. How fast will this take place? I am going today to pull all extra money out of my bank account today so they can't get that but how long does it take for paycheck garnishment? I only need 4 1/2 weeks until July 1st.

[BKTango]

If you are planning on filing bankruptcy in July of 2007 that's only a month away. The arbitration forum is exaxctly that, a forum (wannabe court if you will) of folks that sit around and moan and groan and come to the conclusion that you violated the agreement and owe them the money...well guess what? You knew that already, I bet. If I am not mistaken and I might be they still have to file a lawsuit in your area, win the case and receive judgement, then they have to have that judgement applied. That takes time. You can waste your breath contacting them if you want and let them know you are filing bankruptcy in the next month and give them your lawyers information (you mentioned a lawyer), but until you actually file your paperwork with the court technically they an proceed. If they win arbitration and then proceed with a lawsuit it can be included in your bankruptcy you will just have to have the judgement vacated which may take some time. If you really are filing next month, don't lose too much sleep over this.

[violetcat65]

I realize it may take them some time, but I am more concerned with them freezing my bank account or garnishing my wages. If it is going to take them longer than 4 1/2 weeks I should be ok.

I know the claimant has to have their award confirmed by taking this to a court in Florida, do have to send me a summons or are they automatically awarded a judgement against me? I don't have any money to spend fighting this with NAR because it looks like they require you to pay for filing anything with them.