Notice of Scheduled Appearance - Ummm . . . Help?
Date: Mon, 03/31/2008 - 07:28
It says, "You are required to appear in the above referenced case for a:
Motion/Hearing: arbitrator's award"
Then it gives the date & time, June 2nd, 2008 at 2 p.m.
This comes right on the heels of documents I received, also from the Superior Court of my state.
FIA Card Services NA Plaintiff, V XXXXXX Defendant.
Rule 9A list of documents
Pursuant to Mass. Super. Ct. R. 9A Plaintiff submits the following documents
1. Plaintiff's motion to confirm arbitration award
2. Affidavit of Compliance with rule 9A
3. Copy of Arbitration Award
4. Judgment Order
This is signed by the plaintiff's attorney.
The rest of the pages are the above named documents.
My question is, what should we expect to happen at this hearing? What would happen if we don't show up?
We have tried repeatedly to deal with these people, mainly the original creditor. We have only gotten a copy of the arbitration award in response to our request for debt validation from the CA.
Another thing to consider is that we are judgment-proof. The only thing we have of value is our home, which is homesteaded (Massachusetts), we've nothing else they can attach for this unsecured-debt.
Thanks in advance for any insight!
Sandy
P.S. BTW, these are the same people I'm dealing with in the thread "CA actually offered to pay $1000 fine."
I smell a rat in this thing somewhere, but I can't quite catch t
I smell a rat in this thing somewhere, but I can't quite catch the little bugger...
I can't tell you what to expect at the hearing. I know little about the nuances of Mass law, despite the fact that I live less than ten miles from the Mass state line. But I can tell you what'll happen if you don't show up. The bad guys will get everything they ask for.
So.... I'm gonna bump this back to the top for ya. Maybe somebody's got some better answers.
OK, I will take a shot at this for you. They are looking to g
OK, I will take a shot at this for you.
They are looking to get the court to back up the arbitration board's ruling. In effect, they want the court to agree with the arbitration board. If the court agrees, they will turn it into a judgment against you and that would be bad. There are a few ways you can approach this one, but my first piece of advice is to consult an attorney if at all possible.
A lot of people dont know much about the law, and dont want to have to dive into it for something like this. I guess that either makes me wierd or gifted, depending on if youre a debt collector or someone on this forum that I have helped, lmao....because I like to study up on the laws. Alright, who am I kidding, I AM wierd....
Back to your case. First, I would run through everything that has happened thus far in this case for you. All the communications you had that you can prove, such as certified letters or recorded phone calls, if any. How many times did you request validation of the debt, and when? If you requested validation before or during arbitration, and never got it, then there's your answer right there--that the plaintiff has the burden of proof, and even though requested, they refused to provide it. Therefore, any further collection activity after that date is not allowed, according to federal law. That is, of course if you requested validation BEFORE the arbitration ruling happened.
The next thing I would check into is the original credit agreement. Was there a clause in there that permitted the arbitration that they went to? If not, then the arbitration was not agreed upon by you, and therefore could carry less relevance, or even maybe none at all. The arbitration itself, by the way it was conducted, could be null and void(worthless) if they did things unfairly there.
Also--were you ever notified of the arbitration before it took place? Were you aware of what was happening? If not, then it definitely should be thrown out because you were not afforded your right to due process.
Like I said, there are a ton of questions here, and a lawyer would really be your best bet if you could obtain counsel. We can still offer help and help you look into these things, but your best bet would be an attorney.
[quote=skydivr7673]I guess that either makes me wierd or gifted,
[quote=skydivr7673]I guess that either makes me wierd or gifted, depending on if youre a debt collector or someone on this forum that I have helped, lmao....[/quote]
Thanks, bud.
You lost at arbitration and now they are converting the arbitrat
You lost at arbitration and now they are converting the arbitration into a court judgment. The procedure is routine.
I assume you were present at the arbitration. If not, you can oppose the motion and have the case sent back to arbitration for a rehearing.
Even if you are "judgment proof" now, a judgment is practically good forever, so you may have attachable assets in the future.
Contact a local attorney to advise you.
You played with fire and got burned. You owe money and want to
You played with fire and got burned. You owe money and want to whine when the CA tried to collect. You probably thought you were clever filing an fdcpa violation, huh? Well, guess what? That really pisses off an agency, you know. Now you are really going to pay. You have assets whether you realize it or not. They will be found and taken. Hope you learn from this.
reply
yeah.they will learn not to listen to NNC SUPER TROLL.everyone else gave good advice,skydiver says to find an attorney.oh NNC any agency stupid enough to have you as a collector,would lose everyday of the week,and twice in sundays.
NNC just likes to play collector, he/she most likely is not, NNC
NNC just likes to play collector, he/she most likely is not, NNC just likes to start trouble on message boards to get his/her kicks and then doesn't respond when called out, just like every other drama queen that I know. It's honestly pathetic that people find fun in doing this type of thing. The best remedy is just ignore them.
