Ways To Respond To Collection Via Arbitration
Date: Fri, 10/13/2006 - 03:41
MBNA and buyers of MBNA credit card debts are using thousands of Arbitrations a month through the NAF to collect debts.
1. Ask a State Court To Stay the Arbitration.
When their is no valid agreement to arbitrate, a consumer presented with a notice of arbitration can bring a court action to stay the arbitration.
A court is more likely than a NAF arbitrator to require substantial evidence.
2. Participate in a Documentary Proceeding.
Submit documents that initially dispute the enforeceability of the arbitration agreement itself.
3. Participate in Person or by Telephone.
Under NAF rules a consumer has to affirmatively request an in-person or telephone hearing. MBNA or a debt buyer may not pursue a case if the consumer requests a hearing.
4. Vacate an Award Based on No Arbitration Agreement.
Whether or not the consumer participates in the arbitration proceeding, the consumer can bring a court action to vacate an arbitration award. You must do this within 90 days after notice of the award, but within 30 days in CT and MA, and 21 days in MI.
One important ground to vacate an award is if there is no enforceable arbitration agreement.
5. Other Grounds to Vacate an Award.
Lack of notice and lack of an arbitration hearing are grounds to vacate. Most state laws require the notice of arbitration and hearing to be served by personal service or certified mail.
There are many ways to repspond to an arbiration hearing. Upon request, Hess Kennedy Company Will Email the latest news letter from the National Consumer Law Center, an excellent source of information.
www.nclc.org
1. Ask a State Court To Stay the Arbitration.
When their is no valid agreement to arbitrate, a consumer presented with a notice of arbitration can bring a court action to stay the arbitration.
A court is more likely than a NAF arbitrator to require substantial evidence.
2. Participate in a Documentary Proceeding.
Submit documents that initially dispute the enforeceability of the arbitration agreement itself.
3. Participate in Person or by Telephone.
Under NAF rules a consumer has to affirmatively request an in-person or telephone hearing. MBNA or a debt buyer may not pursue a case if the consumer requests a hearing.
4. Vacate an Award Based on No Arbitration Agreement.
Whether or not the consumer participates in the arbitration proceeding, the consumer can bring a court action to vacate an arbitration award. You must do this within 90 days after notice of the award, but within 30 days in CT and MA, and 21 days in MI.
One important ground to vacate an award is if there is no enforceable arbitration agreement.
5. Other Grounds to Vacate an Award.
Lack of notice and lack of an arbitration hearing are grounds to vacate. Most state laws require the notice of arbitration and hearing to be served by personal service or certified mail.
There are many ways to repspond to an arbiration hearing. Upon request, Hess Kennedy Company Will Email the latest news letter from the National Consumer Law Center, an excellent source of information.
www.nclc.org
Thank you for the useful information. I will save it for future
Thank you for the useful information. I will save it for future reference.
