Hello to everyone, I am new here. Here is my situation. I had an MBNA account which went to arbitration with the NAF. W and A filed suit on me and I went to court last month (without a lawyer) as they tried to get the award confirmed. I did my research and found that they were supposed to get the award confirmed within 1 year of the award. It was way past one year and I showed the district judge the applicable part of the Federal Arbitration Act. The W and A lawyer said that he wasn't familiar with that! Anyway, the judge would not confirm the award. Then the W and A lawyer tried to go ahead and get a judgement slammed on me. At that time, I told the judge that I was willing to set up an equitable payment plan. At that, the trial ended as the judge said "see if you can work things out." My question is this, is W and A likely to go back and try for a judgement if I don't contact them about a repayment plan (which I have not done yet)? Thanks for any help!! Rodney
Why didn't you do as the judge suggested - "see if you can work things out". Since you did not make any attempts to "work things out", W & A can now run back to court. How likely? Very!!!
Rodney, You have done something most of us never have accomplished. CONGRATS! One of the ONLY ways one can win in an arbitration award denial is the one year time line and or the state time line to bar award.: ) You would not have won if they were on the ball and moved to affirm within the one year period. Thankfully they are stupid. YIPPEE!!!!!!!!!!!!!!!!!!! WHo told you about this one year thing? Did I on another board? Are you nearing SOL? Out of SOL? HOw much is the debt for? I WOULD NOT WORK OUT ANY DEAL WITH W & A. They went to NAF as they had NOTHING or almost nothing that would win them the case in real court. I am assuming you just got back from court? Any paper work given to you? If not call the clerk and ask them for any paperwork on this case...ie docket number and what the judge decided. Make sure you keep all your paperwork expecially the arbitration award notice. Who knows as yo may have missed the part where the judged dismissed and maybe even with prejudice. : ) Hope so! What state are you in? Again I am so happy for you as NAF is a peice of work and I feel that something should be done about this company. Woofer
Hey Woofer thanks for the advice. The debt is for 21K and I am in Texas. The court date was about a month ago and I have to decide what to do as far as offering them a repayment plan. (Or take a chance and do nothing). I don't remember where I found out about the 1 year confirmation deadline, but I ran across it somewhere on the internet, could have been you. I don't remember now what the SOL is in Texas, but I remember that they did get in under the wire on that one. I got no paperwork from the court, so that is a good idea to get that and see exactly what it says. My task now is to offer a repayment plan or do nothing and hope I never hear from them again. (unlikely I am afraid). I was under the false impression that if the award could not be confirmed that they lost their right to get a judgement on me. But the judge said they still could file for a judgement. Rodney EDIT: Yep the NAF is a real piece of work and their incestuous relationship with wolpoff and abramson is very interesting. I spent hours on the internet reading all about them and the people that they hire as arbitrators. What a joke. You know I would never have defaulted on this card if they had agreed to give me a decent interest rate to pay it off, but MBNA was totally inflexible in that regard.
IMO I would not *work something out* and I doubt that W & A are going to file another suit. I do hope I am right about this. Woofer
Woofer, that is what I am tempted to do. I feel like I have the upper hand now, but I sure don't want a jugdement on my record. Rodney
Go to the courthouse get all the paperwork and also make sure they have your correct address. You want to know exactly what the judge found. Dismissed, dismissed with prejudice ,postponed, you really need some more info . Also get your credit reports as well. One more thing every month see if your name is on the dockets. Many states you can do this on line. Woofer
