Help me with this!

Date: Sat, 01/05/2008 - 07:45

Submitted by finsfan13
on Sat, 01/05/2008 - 07:45

Posts: 6919 Credits: [Donate]

Total Replies: 5

I have a friend who is going through a credit card struggle.. A collection agency has been hassling her for about a year, collecting for Aspire Visa. The whole thing has been absolutely ridiculous. Anyway, about 2 months ago she got served with papers. She answered the summons, and a few weeks ago got a notice the case was going to be heard at a place called the Center for dispute resolution. What on earth is this??? And why? Why don't they just do it in a normal court setting? It sounds like there is just going to be people sitting down discussing this..Is this a normal thing? Also, what happens if she doesn't show up? (she is saying she's not going to, I said not a good idea!!) Would it then go to a regular court?? Any answers you guys have would be great.

Someone should answer shortly. I goolged the center for dispute

Someone should answer shortly. I goolged the center for dispute and did not come up with anything helpful.

lrhall41

Submitted by nichfamily on Sat, 01/05/2008 - 07:49

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Sounds like the court system is using a mediator service to try

Sounds like the court system is using a mediator service to try and help the flow of the court docket. A important question is to know if the mediator decision is legally binding or can you drag it to court after mediation. I think it would be in their interest to be there at this meeting.

lrhall41

Submitted by cajunbulldog on Sat, 01/05/2008 - 07:57

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That's what I was thinking also, Cajun. I guess that any resolut

That's what I was thinking also, Cajun. I guess that any resolution that they would come up with would be put into a written agreement..Don't know how binding that is. It is my understanding that the mediators are not lawyers..What a weird situation.

lrhall41

Submitted by finsfan13 on Sat, 01/05/2008 - 08:12

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I think I have read in the forums in the past, something about c

I think I have read in the forums in the past, something about courts doing this-or at least collection agencies requesting this. Who will be the mediators-will they be objective or from their side?

Maybe law student or someone who has been through this can answer--I also thought I read from someone not to do mediation, but to request a court hearing--but don't take my word on that--I'm old :lol:

I'm with Cajun- it would be to her benefit to show up, I would think, so she can have a sya..Karen

lrhall41

Submitted by Bossy4455 on Sat, 01/05/2008 - 08:18

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Aspire is a horrid company. There have been MANY complaints abo

Aspire is a horrid company. There have been MANY complaints about them. They do not hesitate to take a customer to court to collect.

As to whether the mediation hearing is binding, I would have your friend see if she can find the disclosures she received with the card (I know, many of us throw them away), or see if they have the disclosures posted on their website. Usually the disclosures will tell you whether mediation is binding or not.

lrhall41

Submitted by SUEBEEHONEY70 on Sat, 01/05/2008 - 17:42

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