hey guys .... back in late december ENIGIMA helped me tons by helping me to answer a lawsuit re an creditcard debt that IS still in statue by apx another 20 + mths or so , well since i filed my ANSWER w the court here in northern NEVADA i just today in the mail get something called a ARBITRATION SELECTION LIST & i'll type out what this forms from the court is saying to me --------------- XXXX plaintiff vs ME defendent ------ ARBITRATION SELECTION LIST - TO their attorneys named -- TO me defendent in proper person - pursuant to rule 6 of the nevada arbitration rules the following have been randomly selected as potential arbitrators in the above entitled case : 1 sam bennett 2 sam adams 3 gloria abegele 4 john walls 5 jennifer miller ---- each party shall within 10 days file w the adr commissioner a signed copy of this list w no more than 2 names stricken . if 1 or both parties respond the adr commissioner will appoint an arbitrator from among those names not striken . if neither party files within 10 day the adr comm. will appoint one of the 5 arbitrators . ( pg 2 ) IF there are more than 2 adverse parties 2 addiotional arbitrators per each additional party shall be added to the list w the above method of selection to apply . if parties are represented by 1 attorney they shall be considered as 1 party . i choose to strike the names as designated dated this day of 2008 . ( PAGE 3 ) NOTICE - PURSUANT TO NEVADA ARBITRATION RULE 6C YOU ARE HEREBY NOTIFIED YOU HAVE 10 DAYS FROM THIS DATE YOU ARE SERVED W THIS DOCUMENT WITHIN TO STRIKE NOMORE THAN 2 NAMES FROM THE ARBITRATION LIST & FILE IT W THE ADM COMMISSIONER AT THE ADR OFFICE . the arbitration selection list is deemed served 3 days after the comm. designess deposits a copy of the list in the us mail ...... a copy of the forgoing arbt list was a mailed to both plaintiff & defendents council at their last known address b mailed to the plaintiff & defendent at the following address as of feb 6 2008 ........ JUST WOW THATS THE ENTIRE 3 PGS -------- ENIGIMA YOU HELPED ME TONS AS DID APEX SO ANY IDEAS SUGGESTIONS OR HELP ID APPERICIATE LOTS !!!! THANX AGAIN JULIE IN SUPER SUNNY NEVADA .........
HELP ENIGMA ....... im a nervous wreck & maybe being super naive i was hoping this was "just maybe" over but nope ..... i own nothing i only have a wing & a prayer but those blood suckers want my wing & a prayer ............ any suggestions by all is appericiated lots -- thanx Julie in Nevada
I'm just Dumb Bob, but I was wondering, is this arbitration instead of court or somehow part of court? Is this with the original creditor? Do you have your credit card agreement to see what the agreed to rules for arbitrartion are, in case this is that sort of arbitration.
no this is NOT the origional creditor as this creditcard debt was purchased by a collection company from out of state that has hired a local NEVADA lawfirm to collect .... with ENIGMA'S help i answered their lawsuit in late december ...... trust me i totally lost on this arbitration stuff but i googled " NEVADA ARBITRATION RULE 6C " & it seems to me this REALLY is nevada law , the 3 pg letter i received VIA REGULAR MAIL is from district court here in nevada ..... im lost on how to handle this i need help .......... thanx lots guys a very sad Julie from No. Nevada ..............................
hey guys - im scared im nervous ** IF ** ENIGMA or ANYBODY knows how i should handle this i'd be the happiest chic in all of Nevada !! sure i qualify for a complete chapter 7 BK according to a BK lawyer i saw in december but i'd absolutely hate to do that becouse my credit isn't trashed by any means as my fico is apx 645 or so .. i own nothing i make apx 30 K per year but a garnishment in this state is 25 % of income OVER 280. per week - please help , thanks lots a very depressed Julie from a dreery Nevada
I don't recall, but you might see if you need to file BK7 before a judgement is rendered. If it's going to arbitration, the odds are all but certain that it will go in the plaintiff's favor (i.e. not yours), so it might be time to pull the pin on the BK. As far as regarding your credit scores, once a judgement is entered, your scores will go down so at this point, you choices are bad (BK) and worse (judgement). The BK will fall off completely in 10 years as will the judgement. From what I've seen, if you keep your act clean, you're scores are much more likely to improve more quickly after a BK7 than after a collection or a judgement goes on your report. (one of those weird things about how they score it). I don't think focusing on scores is nearly as important as focusing on what a judgement and garnishment will do to your cash flow and lifestyle. If they win (rather when they win) you'll have trashed credit (judgment) and reduced income (garnishment). If you file for BK7, you'll just have trashed credit for a couple of years and then just "not-so-good" credit for a few more years after that. Unless some of the legal magicians here can pull a rabbit out of their hats, I'd be talking to the BK atty on Monday.
I wish I understood what was going on. I tried to look up what you did before and it looks like a normal lawsuit. You answered, it was claimed. Now, suddenly, they are taking you to "arbitration"? If this is the sort of arbitration that they use to go around the courts, how come they sued you in the courts? Doesn't make sense to me. 1. Is this some sort of arbitration that the courts use to try to get solutions without trials? 2. Is this outside of court arbitrtaion? If 2., what right do they have to do that? Where did you agree to that? Where is the contract and what does it say?
BOB im totally lost on all this ... im not a stupid girl not by far BUT when it involves legal stuff like this im all the sudden very very dumb ..... from what you typed in my origional post below this one you say something about NON BINDING & a link to the courts out of southern nevada explaining it & the lil im understanding im guessing becouse i live in the RENO area & the population is over 100,000 people they can sue me which their doing & they can get their victory in this manner w a panel of like 1-2-3 arbitraters INSTEAD OF A JURY TRIAL is this correct ????? IM STUMPED BECOUSE I REQUESTED VALIDATION 2 TIMES THE LAST TIME BEING CRRR WHICH I HAVE A COPY OF & THEIR SUEING ME WITH A BOGUS ACCOUNT # BECOUSE ITS NOT MINE ... what should i do ??????? thanx a shaking Julie from sunny but a depressing Nevada ..............
Making the wild assumption that the rules I googled are more or less the correct ones, they are dated 2005 and from some district that probably isn't yours, etc., I note from reading them that you waive the right to a new trial if you don't take the arbitration seriously: Jury trials are pretty rare for small civil contract stuff like this pretty much anywhere. Generally you'd have to pay extra for that. You are in a lawsuit now, validation, as far as I know, is part of the FDCPA and deals with continued collection efforts. I can't tell you what to do because I'm not a lawyer. The best thing would be to talk to a Nevada lawyer. But, remember, you can tell me that the debt isn't yours all you want, but I'm not the judge, I'm not the arbitrator. On the other hand, if you filed an affidavit and presented facts to those people, that might be at least directing your outrage in the right direction. I do think you should get a copy of your rules in the next few days, either paper or a URL. Set yourself small goals like this and get them done.
ok - i talked to a local BK attorney & he told me YES i can add arbitration awards on creditcard debt to any BK so least thats good news i guess ..... i did'nt want to go that route but IF i must i must but im in no real rush just stressing but thats ok im a big girl i can handle it if i must ...... i understand alot of my questions most can not handle becouse its not basic stuff but i do still thankyou all for trying ....... Julie
Did you find out what the rules were for your arbitration, whether it was the manditory type that NV does in civil suits or something else? As a general rule, if you don't show up for your court date (or I suppose arb date), you are far less likely to win. Have you replied with your choice of which arbitrators not to use?
BOB thanx again - NO i haven't selected the arbitrators becouse i don't know ANY of the 5 listed so i mean why bother i'll just let them select since on the 3 pg letter from the courts that i typed out on this forum it says IF 1 or 2 of the parties do not respond they will choose the arbitrators SO i'll let them choose ....... from what im learning & reading this arbitration stuff is part of our court system in nevada for towns with a large population such as here in RENO - CARSON CITY - LASVEGAS - HENDERSON - PAHRUMP as all cities i mentioned have populations of at least 100,000 people ..... from what im understanding arbitration costs each party ONLY 250. dollars & seems it benefits the plaintiff becouse its cheep for them to sue this way vs a court trial ... my beef is i still am being sued w a wrong account # becouse it isnt mine thats for sure & i wasnt REALLY sent any 30 day validation notice becouse im guessing they either did not really mail it to me OR they mailed it to the wrong address becouse i sometimes get SOME mail they sent that is addressed to the wrong apt number ONLY BY LUCK .... they offered to settle yesterday for 60 % of the balance which would make it apx 7000. , thats way too much cause im broke it mides as well be 7 million cause i dont have that either & i told him send me something showing i even owe this debt but that pissed him off pretty bad saying they no longer have to becouse my time already passed for validation as they by fedreal law only have to do it in the 1st 30 days .. i said sir , with all due respect sounds to me IF you could validate you provide it to me no matter what & i then told him EVEN IF I may lose this i'll just file chapter 7 BK & with that he got mad & said see you at arbitration then hungup on me , classy huh lol ... whatever , im broke i have & own nothing but their acting like im worth tons , the real amount of this creditcard debt is SOMETHING like 8 K but becouse of all the crooked nonsense ripoff gargage fees & stuff its up over 15 k now , its crazy & their stupid .... thanx Julie .....
I thought maybe you'd be choosing even though you had no information about the choices just to show you were engaged in the process. Obviously you should decide yourself on what to do. Are they saying you have to pay out of the box for this? A lot of card contracts claim that they will pay any upfront fees in arbitration, but that might be the non-court type of arbitration. And you've filed your affidavits and other proof on this? If they've gone this far and they have such a great case and they think you are rich, why are they offering to settle for 60%? I know you want to "validate". Have you thought about disovery? The reason I was trying to have you make sure about what the rules actually were was so you could look in them and see what the rules for "validation" are now. I found the following which might be useful: Using the above, you might be able to get them to provide you with what you were wanting them to provide you with in FDCPA validation but couldn't get them to. They are always mad, it's part of the "fun" of being a debt collector.
BOB thanx again - THE ONLY THING I FILED WAS MY * ANSWER * back in late december ... NO i've done really nothing else cause this all just hit the fan the other day .... the more im trying to understand im ** ALMOST ** ready to just say screw it let them win their damn arbitration & turn it into a judgement , THEN I JUST FILE BANKRUPTCY chapter 7 so those damn pain in the asses get absolutely nothing ..... ** i think * the arbitration just costs them like 200. dollars but im not sure , ill call the courthouse friday to get more info ...... i'll tell ya for a broke ass chic which i sure am to be going thru all this nonsense you'd think i had tons of money & 6 homes or something , hell i wish i did cause id hire an attorney or settle with them but when they find out i REALLY own nothing i lease my car i rent my apt i have exactly 277.47 as of tonight in my checking account the joke will be on them .. honestly i think their stupid i mean the attorney i spoke to from their firm yesterday didnt seem that bright to me but on the other hand he has the law degree & i dont ........... any idea's to make them spend cash to drive them nutts im open to --- i dont really understand why i need to even partisipate in any arbitration period i mean this isnt even the origional creditor these jerks bought the debt for pennies on the dollar so in my opinion they deserve ZERO NOTHING , thanx again Julie ...........
hey Woofer ..... this arbitration is thru our messed up court system here in Nevada ..... i have lots of info on this case posted on this site ( its all on this 1st page ) including this thread & 2 other threads also .. i know this is a toughie this arbitration stuff but to be honest i was hoping i'd get more input from posters with some possible help ...... im just lost & very down over this whole ordeal im going thru & the only 2 suggestions from the attorney i spoke to was A- either file complete chapter 7 bankruptcy for ONLY 1650. dollars OR B- hire that same lawyer for again the low low fee of ONLY 5000 dollars & drive the lawfirm suing me crazy by making them spend their money w endless motions to where they wanna get rid of my case than move other to some other sucker that's an easier mark ........ i dunno but the whole thing seems messed up BAD , im just totally discusted & turned off by the whole system , in my opinion its corrupt & its about as close to being a scam as possible - just my opinion though ....... thanx for any help , Julie ...
Unfortunately the arbitration thing is a problem to get rid of. I would contact a NACA lawyer instead of a bankruptcy one and have him find something that he can sue on. This way you may have some leeway to negotiate. I will go and read your threads again. As for bankruptcy I wouldn't go that route but that is me. Woofer
thanx WOOFER ....... yeah the BK will always be there 4 me to do so thats like a LAST LAST OPTION ..... thanx for looking over my other threads & ANY suggestions would be appericiated ... i wokeup this morning kinda deciding to ** MAYBE ** just skip the nonbinding arbitration hearing all together & deal w the future judgement that they will win , i mean w/o attorneys by my side im wasting my time & energy over this losing issue becouse im out gunned with NO lawyers on my side vs 2 - 3 - 4 or hell maybe more on their side so the odds dont look very good for me ya know ..... honestly im tired of thinking about it all ** BUT ** THE FUNNIEST THING THAT DOES MAKE ME SMILE IS THAT ONCE THEY WIN THEIR REALLY GOING TO LOSE BECOUSE IVE GOT & OWN ZERO , NOTHING , NADDA SO THE JOKES GONNA BE ON THEM , yeah that does make me feel good .. i think their smart re. legal issues becouse their lawyers but in reality their naive & brain dead becouse i have nothing & they must know this , whatever i guess ...... thanx again & bye , JULIE
