answering a summons to confirm an arbitration award?
Date: Sun, 03/29/2009 - 10:07
I received a summons on the door at a prior address of mine from a collection agency called Worldwide Asset Purchasing. The summons is a request for judicial intervention to confirm an arbitration award, and requests a relief judgement. If someone could help, what steps are necessary to respond to this type of situation?
Some background information. The debt involved should be outside the SOL. The packet attached with the summons included:
1) a copy of the contract agreement with citibank; however, it appears to be a generic contract since it does not contain my name or signature anywhere, and is dated 2005, which is long after the date when I last made a payment on the account, or the date when I first applied for the credit card.
2) code of procedure for something called the national arbitration forum; about a year or so ago, Worldwide Asset Purchasing sent me an unmarked letter through registered mail, which I foolishly retrieved through the post office. This acceptance of the letter somehow meant I accepted the arbitration hearing for the debt, which I of course lost.
3) a copy of the delivery confirmation for the above letter.
I realize that I must file an answer with the court. How should I respond?
1) Can I claim improper service? The summons, as well as the arbitration notices from the year prior were sent to an old address. I was able to retrieve them only because the superintendent in the old building was kind enough to hold on to them and pass them on to me when he ran into me (I still live in the same area).
2) I believe that the debt is past SOL, but have no documentation. It does not appear on my credit report, however, indicating (at least to me) that it is past SOL. (SOL in NY is 6 years, 30 days after the last payment was made).
3) Will the NAF issue negate my ability to claim that the Plaintiff lacks standing, and that I do not have a business relationship with the plaintiff?
4) I am currently on unemployment, and it is my only source of income. Would this make me judgement proof, and aid me in a dismissal?
5) Does anybody have any experience with filing a counterclaim on the answer? I'd like to file a counterclaim for punitive reasons. as this kind of harassment through the manipulation of the legal system needs some kind of counterweight to dissuade CAs from engaging in such abusive behavior.
I realize this is quite long and wordy, apologies in advance. I did some reading up prior and didn't want to bog down responders with the basic information that they might feel I would need. Many thanks in advance.
Some background information. The debt involved should be outside the SOL. The packet attached with the summons included:
1) a copy of the contract agreement with citibank; however, it appears to be a generic contract since it does not contain my name or signature anywhere, and is dated 2005, which is long after the date when I last made a payment on the account, or the date when I first applied for the credit card.
2) code of procedure for something called the national arbitration forum; about a year or so ago, Worldwide Asset Purchasing sent me an unmarked letter through registered mail, which I foolishly retrieved through the post office. This acceptance of the letter somehow meant I accepted the arbitration hearing for the debt, which I of course lost.
3) a copy of the delivery confirmation for the above letter.
I realize that I must file an answer with the court. How should I respond?
1) Can I claim improper service? The summons, as well as the arbitration notices from the year prior were sent to an old address. I was able to retrieve them only because the superintendent in the old building was kind enough to hold on to them and pass them on to me when he ran into me (I still live in the same area).
2) I believe that the debt is past SOL, but have no documentation. It does not appear on my credit report, however, indicating (at least to me) that it is past SOL. (SOL in NY is 6 years, 30 days after the last payment was made).
3) Will the NAF issue negate my ability to claim that the Plaintiff lacks standing, and that I do not have a business relationship with the plaintiff?
4) I am currently on unemployment, and it is my only source of income. Would this make me judgement proof, and aid me in a dismissal?
5) Does anybody have any experience with filing a counterclaim on the answer? I'd like to file a counterclaim for punitive reasons. as this kind of harassment through the manipulation of the legal system needs some kind of counterweight to dissuade CAs from engaging in such abusive behavior.
I realize this is quite long and wordy, apologies in advance. I did some reading up prior and didn't want to bog down responders with the basic information that they might feel I would need. Many thanks in advance.
the service of the summons is invalid since it has to be given t
the service of the summons is invalid since it has to be given to a person not tacked to a door.
The notice of arbitration is valid because you accepted it.
