Re: National Arbitration Forum (IF THEY HAVE ALREADY THE AW
Posted by Carlos.- on 7/01/07
You'll have to file in court something like this Motion To Deny Arbitration Award The following format may be used to prevent the entry of an arbitration award, or to defend against an existing entry. This is a GENERIC form, and you MUST obtain your own Court's guidelines for submitting any motion.Use the sections in green to replace the sections underlined (Name)][Address][City state zip][Phone][Creditor or Collector] ATTN: [Attorney] [Address][City state zip][Phone][Date] Re [Plaintiff v. Defendant]; Case No. _____ COURTSTATE __________________________, PLAINTIFF, v. Case No. ___________ __________________________, DEFENDANT. _____________________________________/ DEFENDANT'S MOTION TO DISMISS APPLICATION TO CONFIRM ARBITRATION AWARD, VACATE ARBITRATION AWARD AND FOR STAY OF PROCEEDINGS Now comes this defendant, [NAME], and respectfully moves this court to dismiss plaintiff's application to confirm arbitration award, vacate arbitration award and for stay of proceedings thereon for the reasons herein: COURT________________________STATE ________________________Re:Notice Of Arbitration Award(attach copy)MOTION TO BAR APPLICATION TO CONFIRM ARBITRATION AWARD, AND FOR STAY OF PROCEEDINGS Now comes this defendant, [NAME], and respectfully moves this court to BAR any application to confirm attached arbitration award, and for stay of any proceedings thereon for the reasons herein: 1. There was no valid written undertaking to arbitrate. There was no authority to arbitrate since the alleged arbitration provision was induced prior to any disputes.2. There was fraud in the inducement of that undertaking, as it was a contract of adhesion . 3.The dispute was nonarbitrable. 4. Arbitration was rejected (exhibits attached) 5. Plaintiff did not waive any notice requirements or participate in the arbitration proceedings.6. The arbitral tribunal conducted its proceedings unfairly and at an incovenient venue in contravention of the FDCPA and State Consumer Protection Statutes .7. The award obtained is contrary to public policy and consumer protection laws of the United States and of this State. 8. Plaintiff's objective in bringing this claim into arbitration was to unlawfully escape the formal rules of evidence, discovery and due proccess.The arbitration process is inherently prejudicial to any defense because of these factors and substantially impairs any consumer defendant's right to a fair and impartial hearing. WHEREFORE defendant respectfully requests an order dismissing plaintiff's application to confirm arbitration award, to vacate arbitration award and for stay of proceedings thereon.WHEREFORE defendant respectfully requests an order barring any application to confirm this arbitration award, and to stay any proposed proceedings thereon.
DATED this ___ day of [month] [year]. ________________ [Defendant][Address][City state zip]CERTIFICATE OF SERVICE I [defendant] hereby certify that a copy of the foregoing was mailed to plaintiff's attorney, [attorney], by first class mail to: [address; city state zip] this ___ day of [month] [year]. By _______Add your State's Notarization Jurat Here:________________________Signed________________________Notarized .....................
I never tried this one before (Never have to, did'nt go that far) but I'll advise you to hire a lawyer to represent you if there is a trial. The point is that even if they did get away whith it at the beguining because you did'nt know any better the whole thing still illegal, they have no rigth under the US laws to do such a thing , so go for them.
Carlos.-
Posts on this thread, including this one
- National Arbitration Forum, 6/06/04, by Tessie.
- Re: National Arbitration Forum, 7/07/04, by Mark.
- Re: National Arbitration Forum, 7/07/04, by Mark.
- Re: National Arbitration Forum, 7/08/04, by Dave Schwimmer.
- Re: National Arbitration Forum, 7/17/04, by DC.
- Re: National Arbitration Forum, 10/26/04, by Jimmy.
- Re: National Arbitration Forum, 11/19/04, by Ultrapig.
- Re: National Arbitration Forum, 1/19/05, by Mike.
- Re: National Arbitration Forum, 1/24/05, by mark.
- Re: National Arbitration Forum, 3/28/05, by Dee.
- Re: National Arbitration Forum, 4/11/05, by Mark Branstner.
- Re: National Arbitration Forum, 2/21/06, by margaret.
- Re: National Arbitration Forum, 2/21/06, by TONY.
- Re: National Arbitration Forum, 4/21/06, by Blood from a Stone.
- Re: National Arbitration Forum, 4/29/06, by Lynn.
- Re: National Arbitration Forum, 5/18/06, by JCM.
- Re: National Arbitration Forum, 5/20/06, by JamesJ.
- Re: National Arbitration Forum, 8/04/06, by JamesJ.
- Re: National Arbitration Forum, 8/04/06, by Curmudgeon.
- Re: National Arbitration Forum, 8/15/06, by DebtorJoe.
- Re: National Arbitration Forum, 8/16/06, by Dekki.
- Re: National Arbitration Forum, 8/22/06, by Freaking.
- Re: National Arbitration Forum, 8/30/06, by Skydance.
- Re: National Arbitration Forum, 8/30/06, by It stops being profitable if everyone fights..
- Re: National Arbitration Forum, 9/05/06, by Steven.
- Re: National Arbitration Forum, 9/29/06, by tw.
- Re: National Arbitration Forum, 9/29/06, by RIBS.
- Re: National Arbitration Forum, 11/27/06, by Mary.
- Re: National Arbitration Forum, 12/19/06, by Hecky.
- Re: National Arbitration Forum, 12/19/06, by Curmudgeon.
- Re: National Arbitration Forum, 2/16/07, by Trina.
- Re: National Arbitration Forum, 2/17/07, by Res Ispa Loquitur.
- Re: National Arbitration Forum, 2/18/07, by Moe.
- Re: National Arbitration Forum, 4/10/07, by Andy.
- Re: National Arbitration Forum, 4/12/07, by Emily.
- Re: National Arbitration Forum, 4/16/07, by Withheld.
- Re: National Arbitration Forum, 4/16/07, by Withheld.
- Re: National Arbitration Forum, 4/30/07, by CHOW.
- Re: National Arbitration Forum, 5/21/07, by James J.
- Re: National Arbitration Forum, 5/21/07, by Curmudgeon.
- Re: National Arbitration Forum, 5/21/07, by James J.
- Re: National Arbitration Forum, 6/14/07, by eingriff.
- Re: National Arbitration Forum, 6/14/07, by eingriff.
- Re: National Arbitration Forum, 6/14/07, by Albert W. L. Moore, Jr..
- Re: National Arbitration Forum, 6/28/07, by CaliGirl.
- Re: National Arbitration Forum (HOW TO GET'EM OUT YOUR BACK), 7/01/07, by Carlos.-.
- Re: National Arbitration Forum (IF THEY HAVE ALREADY THE AW, 7/01/07, by Carlos.-.
- Re: National Arbitration Forum (ONE LAST TIP), 7/01/07, by Carlos.-.
- Re: National Arbitration Forum , 7/12/07, by Terri.
- Re: National Arbitration Forum, 7/12/07, by Terri.
- Re: National Arbitration Forum, 7/17/07, by Rolando.
- Re: National Arbitration Forum, 8/07/07, by Carlos.
- Re: National Arbitration Forum, 8/08/07, by Carlos.-.
- Re: National Arbitration Forum, 8/28/07, by Jason J..
- Re: National Arbitration Forum - Lack of Notice, 9/06/07, by Doug T.
- Re: National Arbitration Forum - Lack of Notice, 9/07/07, by Gary Ricin.
- Re: National Arbitration Forum, 9/17/07, by Allison Warren.
- Re: National Arbitration Forum (IF THEY HAVE ALREADY THE AW, 10/03/07, by Danielle.
- Re: National Arbitration Forum, 10/03/07, by Danielle.
- Re: National Arbitration Forum (IF THEY HAVE ALREADY THE AW, 10/10/07, by Carlos.
- Re: National Arbitration Forum, 10/10/07, by Carlos.
- Re: National Arbitration Forum (HOW TO GET'EM OUT YOUR BACK), 10/22/07, by marge.
- Re: National Arbitration Forum (HOW TO GET'EM OUT YOUR BACK), 10/23/07, by Steven Sozins.
- Re: National Arbitration Forum (HOW TO GET'EM OUT YOUR BACK), 10/23/07, by -.
- Re: NAF Founder's Contact Info, 10/24/07, by Steven Sozins.
- Re: NAF Founder's Contact Info, 10/24/07, by -.
- Re: NAF Founder's Contact Info, 10/25/07, by Steven Sozins.
- Re: National Arbitration Forum (HOW TO GET'EM OUT YOUR BACK), 11/26/07, by Carlos.-.
- Re: National Arbitration Forum - Lack of Notice, 12/01/07, by AKA Thaddeous Jones.
- Re: National Arbitration Forum - Lack of Notice, 12/01/07, by Prairie Dawg.
- Re: NAF everyone, 12/01/07, by Prairie Dawg.
- Re: NAF everyone, 12/01/07, by Thaddeous Jones.
- Re: National Arbitration Forum, 4/18/08, by Thomas.
- Re: National Arbitration Forum, 4/18/08, by --.
- Re: National Arbitration Forum - Lack of Notice, 5/20/08, by Ted t.
- Re: National Arbitration Forum, 8/20/08, by Joseph .
- Re: National Arbitration Forum, 9/02/08, by dirthauler.
- Re: National Arbitration Forum, 9/02/08, by --.
- Re: National Arbitration Forum, 9/02/08, by Crispy Creamer.
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