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anyone ever heard of a arbitration claim form/

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    anyone ever heard of a arbitration claim form/

    just rcvd certified letter from mann bracken attys (bill collectors)saying they are filing a claim with the National Arbitration Forum???stating in brief that i have 30 days to serve claimant with a written response,or else an award will be entered against me by the aforementioned "Forum".anybody ever had one of these,mailed to them?or is this some kind of bluff from collections agency.Thanks in advance.

    #2
    Deleted due to incorrect information.
    Last edited by anonymuse; 06-19-2006, 11:04 AM.
    *** THIS IS NOT LEGAL ADVICE--ONLY A LAWYER CAN PROVIDE THAT. ***

    My posts represent hours of research on and off the web, these forums, my experience, and my opinions.

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      #3
      OKAY FOLKS = HERE IS INFORMATION ABOUT ARIBITRATION..........

      Some accounts it states in the fine print that the creditor does not have to sue you to get a judgement............ they can force it to be settled in aribitration...... (a 3rd party involvement of a legal team).....

      See this website for National Aribitation - www.arb-forum.com

      It is not uncommon, but most do not use this when someone has filed bankruptcy.....

      This is another way of settling disputes about contracts and financial matters without filing law suits with the Court.....

      Not very often used............
      Minny

      "It's amazing the paths that our feet sometimes follow in life".

      My suggestions are from "personal experience" and research only. Do not consider this as legal advice. Each bankruptcy case is different.

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        #4
        It is my understanding that the Courts DO RECOGNIZE aribution judgements.....

        Example, you say you owe a company $10,000, they say you owe $15,000....... You cannot reach an agreement...... then it is decided by the evidence by the Aribitration Council. They listen to both sides of the "story" and make a unbasis decision...

        Aribitration is not used UNLESS you sign that you agree it can be used on an account that you have...... cc accts, bank accounts, some loans, etc..... (its all in the fine print) so you have signed it and may not know it......

        At last this is my understanding....

        PS.... It was in the fine print of many of my accounts over the years......

        NOT A SCAM...............
        Minny

        "It's amazing the paths that our feet sometimes follow in life".

        My suggestions are from "personal experience" and research only. Do not consider this as legal advice. Each bankruptcy case is different.

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          #5
          Arbitration Hearing

          here's my situation,i need to hold off for another 3 months before i file will surely qualify for a chapter 7 if i do,according to my attorney.Is there any way i can delay arb.hearing,i have 21 days to get back to them,that would give me 2 months to hold them off,after that ok to file-anybody know of any delay tactics?
          REASON FOR HAVING TO FILE:36% PAY CUT BACK-OUCH.

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            #6
            Talk to your attorney about this, for sure............. he should be able to offer some options...... but you definitely need to attend that hearing.....
            Minny

            "It's amazing the paths that our feet sometimes follow in life".

            My suggestions are from "personal experience" and research only. Do not consider this as legal advice. Each bankruptcy case is different.

            Comment


              #7
              You might take a look at this thread. I've never tried to stop arbitration myself.

              Master 'Refusal of arbitration' thread

              In most states, after the NAF awards the claim to the collection atty's, they still have to send to an atty in your county and convert the arbitration claim into a judgment before they can start any kind of garnishment.

              If you're planning to file in 3 months anyway, maybe your atty can stall them in some manner. In my state, it usually takes 60 - 90 days to get a judgment and a little while longer to finally track down your place of employment, banks, etc.

              Comment


                #8
                Originally posted by GPFAY
                here's my situation,i need to hold off for another 3 months before i file will surely qualify for a chapter 7 if i do,according to my attorney.Is there any way i can delay arb.hearing,i have 21 days to get back to them,that would give me 2 months to hold them off,after that ok to file-anybody know of any delay tactics?
                REASON FOR HAVING TO FILE:36% PAY CUT BACK-OUCH.
                There should be some way to ask the arbitration forum to delay the hearing for a month or maybe more while you try to gather evidence to use for your case against the creditor. There should be some method of "discovery" where you can compell the creditor to divulge information about exactly how they came up with what they claim you owe them. If that fails, they still have file for a summary judgment in your county court system, and you may be able to delay it more at that point by filing an answer and making motions for continuance.

                In the meanwhile, start bracing for impact, as if a missle was headed straight for you. The first thing they will try to do is seize any money in your checking account/savings account and any investments like CDs, stocks, bonds, etc. Clean them out and start using cash and money orders. Depending on where you live, your wages may be garnished, so try to increase the amount of your check that is withheld to pay federal income taxes, etc. It's like a forced savings to pay taxes, and creditors can't touch it. Also, start getting paid with a paper check that you can cash at your bank rather than having it direct deposited. Find out about the vehicle exemption amount for your state, and plan on downsizing, if possible, to a vehicle that is below the exemption for your state. In Arizona, for example, a debtor can keep a vehicle that has less than $5000 of equity in it. As one of my friends, who was recently sued said, "It's better to have an ugly car sitting in my driveway than the prettiest car at the auction."
                The world's simplest C & D Letter:
                "I demand that you cease and desist from any communication with me."
                Notice that I never actually mention or acknowledge the debt in my letter.

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