ATTORNEYS LAW STUDENTS PUBLIC
TOP POSTS ALL POSTS SUBMIT POST
Share | Print | Report Post Due Process Chatboard

Hot Now...
• Attorney Chat Center
• Attorney Classifieds
• Attorney Chatboards
• Practice Areas
• Law Students
Most Popular
• Set Your Quick Links
• Chat Center
• All Chatboards
• Classified Ads
Click here


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.-

     
     

 
Google
 
Web Counsel.Net
  Site Map: Home Search Legal Jobs Classifieds Law Students Contacts Practice Areas Advertise
  © 1996 - 2008. All Rights Reserved. Please review our Terms of Use, Mission Statement, and Privacy Policy.