Really don't know where to start-I received a letter from Gerald E Moore telling me that he was filing an arbitration against me with the NAF. Of course, I wrote to him and asked for validation-to which he sent me typed information that was essentially what he had said in his first letter to me-and, not proof. So, sent him another letter stating this and asked for "real proof"-still waiting for his reply. But, did receive letter saying that he (gerald moore) requested a indefinite stay. I, in turn, wrote to both him and the NAF that I not only have refused arbitration but, asked for it to be dismissed. I think I have you up to date. I received a letter from the NAF a couple days ago which stated: They were in receipt of my correspondence and that rule 41g of the forums cod3 of procedure states:If a request for an involuntary dismissal is the only request for a dispositive order, that request may be determined at a document or participatory hearing. All documents will be forwarded to the arbitrator for review and consideration at the document hearing. All future correspondenc regarding this matter will also be forwarded to the arbitrator for review at the document hearing. So, what do I do next??? They have me totally lost here as to what my next step should be-I have already written them that I refused this and asked for dismissal. Is there any letter that I should write back to them and if so could you please post it here. I really can't afford an attorney and have been trying to do all this on my own and any "direction" anyone could give me would be so greatly appreciated. Thanks
For now, send copies of all correspondence you've had to the arbitrator. After that, it is in his hands. You may want to send the applicable sections of the FDCPA and FCRA for "informational purposes". Arbitration cannot overrule law, it must act in accordance with it.
Arbitration is a scary thing. Almost every credit app has an arbitration clause that says something to the effect that "both parties agree to resolve any dispute through binding arbitration at the request of either party and that neither party may dispute this matter in court, however the result of a binding arbitration may be entered as a judgement in the appropriate court." Basically, because the arbitrators are in the back pocket of the banks, you're signing over all your rights to due process in court yet and agreeing that the arbitration has all the power of enforcement of a court decision. Get a lawyer and a bucket of four-leaf clovers.
Might as welll wish for a fat reward from the tooth fairy as to wish for a lawyer to help you or even a truckload of four-leaf clovers since neither one will do you any good against the banks and their arbitration scam. The way to defeat these scumbags is to file a federal lawsuit on the lawyer for providing you with false and misleading information and any other violations you can rack up against him then sue NAF in you local court for injunctive relief from their denial of due process rights. That gets results. Nothing else does.
So, basically what you are saying is that I haven't got a chance in this arbitration. Well, then, I guess I'd better start doing things to protect what I have. The "alleged" card is in my name-if I take my name off of any checking accounts that I have can they touch them at all? Since none of this concerns my husband can they come back on him for any of this? I don't have anything that they can get-I haven't worked in years. Was thinking about filing bankruptcy but, not sure about that either. I will take your advice and send all papers that I have sent to CA to NAF-still waiting for the green card from the second letter of validation that I sent CA-they take their time picking up their mail. Well, thank you again for your replies-when I get back the green card will send NAF copy of all letters and another request for dismissal and refusal and, then, just wait for their next move.
That's exactly right! You don't stand a crying chance in arbitration. Probably not Depends on whether you live in a community property state or not Pretty expensive and may not get you off the hook either. Depends on whether you can qualify or not. And why would you want to file bk? If you file BK and your name is on the house you might end up in problems there. If your name is on any of the c ars or other vehicles that could also cause you even more problems. Why waste the money? That isn't going to do you any good either Their next move will be to grant the award and then they will go to court and reduce it to a judgment. I'm sure you won't do anything about that either. If you won't stand up and fight now you won't stand up and fight in your local court either. They will get a judgment and then go for garnishment of assets. If you do the same then, just hide and let things take their course you just might end up in jail for contempt of court. Even if you do go to court when you are summoned for the garnishment hearing thereby keeping yourself out of jail what are you going to tell them? You haven't worked in years so don't have any money? Do you really think that will keep them off your back? It won't. The judge will simply tell you that he don't care how you get the money, get it or go to jail. They know you are married and they know your husband works and earns money. You work at home as a housewife and that is worth money. Don't think you can escape paying because in the end you can't if you don't stand up and fight in a realistic way now and sending letters and waiting for green cards simply is not realistic.
Ok-I think I understand what you are saying. I should fight this now and not wait for the inevitable to happen. In one of your posts to me you told me to file lawsuits against the ca and naf. Since this is all new to me and not having much legal background I do not have any idea as to how to do that? I live in New York-not sure about the laws concerning any of this. Sorry if I sound as if I'm not very smart, like I said, this is all very new to me-and-any insight that you can give me would be very much appreciated.
The entire New York Court system is very different than it is in most other states. They use what is called a "simplified" court system. It is simplified in respect to the plaintiff but for the defendant it can be and usually is a nightmare. For instance you can't file a motion for more definitive in response to a motion for summary judgment. You have to file a Bill of Particulars which is the exact same thing but with a different name. You can't just file a motion for anything or an answer to anything like you can in other states. You have to file for an RJI (Request for Judicial Intervention) and that costs anywhere from $50 to as much as $125 depending on which county you live in. Everything you do costs money in New York State. You have to know all those little things like that in order to be effective in New York state. Then , of course, you have to prepare an intent to sue and send it to NAF. That is also a complicated document and I've never had a student that could figure it out without help. Once they understand it they have no problems with it. But I have to walk it through with them step by step over the phone and by email. NAF hasn't been backing down lately and my students have all had to actually file a court case against them before they back down and refuse to arbitrate the case. The reason they won't fight it is because they would have to hire a local attorney to go to court for them and it simply isn't economically feasable for them to do that. It will cost them almost nothing to back down compared to what it would cost them to defend even if they won. So while I would like to help you I can't do it in a forum like this. Just too time consuming and too complicated but when I can work directly with my students it usually don't take long at all.
"Even if you do go to court when you are summoned for the garnishment hearing thereby keeping yourself out of jail what are you going to tell them? You haven't worked in years so don't have any money? Do you really think that will keep them off your back? It won't. The judge will simply tell you that he don't care how you get the money, get it or go to jail." GET IT OR GO TO JAIL? OK must be a tough state to be a debtor in. Going to jail for not paying on a debt, arbitrated or not, is not a punishment in most states. Please cite some laws, statutes, etc. that suggest a debtor might have to "get it or go to jail." While contempt of court might land one in jail for a short period of time, not coming up with money to pay a debt is generally not an offense that lands one in jail.
Normally I would have to agree with you but try to tell a judge in Masachussets that you don't have any money and can't pay and see what happens to you. I hear it isn't as bad now as it was because of all the heat that the Boston Globe put on the court system there. In Masachussets they had the cops going to people's homes and hauling off their only cars and the repo drivers were often deputy sheriffs with badges and guns to enforce their rights to grab the cars. They were not actually cops or deputies but had been deputized for the sole purpose of grabbing cars. They were even throwing senior citizens in jail for not paying the debts according to the Boston Globe. Try telling the judge in most Kansas courts you can't pay your utility bills and see where you spend some time. There are plenty of small towns where the judge will order you to either pay up or he will find you in contempt of court and throw you in jail. Is it legal for them to do that? Not anywhere I know of except in Massachusets and it is being changed there now too but if you are in front of a small town judge and are scared to death in the first place and the judge tells you to find some way to pay at least something are you going to tell him he can't do? I don't think so or if you do you have got more balls than common sense. If you have no money and and the judge threatens to throw you in jail until you pay up and you don't know the law what are you going to do? You can't do anything to the judge until he does something illegal and most of the time not even then. It might be against the law for them to do what they do but if you don't know the law and you don't have any money to fight with what are you going to do? Nothing at but cry a lot and pay up. What are you going to do when the sheriff knocks on the door and has a truck to haul off your furniture? What are you going to do if you are a woman and the judge orders you to take off your wedding and engagement rings and give them to the plaintiff's attorney? You going to tell him he can't do that? I don't think so. I've seen that happen. You say there are laws in this country that say they can't throw you in jail for being in debt. You say the Constitution says they can't throw you in jail for being in debt. I agree but what are you going to do when the judge tells you the constitution don't cut no ice in his courtroom? I've seen that happen. Laws are worthless if you can't get anybody to enforce them.
Thanks for clarifying. And, I would agree that many folks have no idea how to go about protecting themselves and assets. As I battle with my own financial crisis, I've made it a point to learn about judgments, exemptions, and bank/wage garnishments. There is no knowing when a creditor/CA (or perhaps, a judge as you pointed out) might attempt an action outside of one's state laws. A bit of self-education can go a long way.
