Re: National Arbitration Forum

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It depends what you want to accomplish.

First step, you need to talk to an attorney who understands your states exemption
laws. You need to protect whats left from levy. In CA you could have stopped the
raid on your account up to a certain amount. Your state might have a similar
exemption right.

Second, if you are unemployed perfect time to file BK. Is this your only debt? Or
is it just part of a bigger problem.

Third, you need to go cash and carry for everything you can. Bank accounts are just
easy targets.

As for the Arbitration awards. The contract probably gives them the right to take
it to arbitration, but I'm not sure how that allows them to get a judgment without
notice. Usually they have to take the arbitration award to a court and get it
converted to a judgment. And you should have gotten notice of that action. I doubt
you could have stopped it, but if you didn't get notice, then there might be way to
use that as the leverage..

On 8/30/06, Skydance wrote:
> On 8/22/06, Freaking wrote:
>> Is this below posted by someone from the forum? Because it reads that way.
>>
>> Does anyone know once the arbitration is filed, am I still allowed to request
>> the debt to be verified? I have been looking for a lawyer in NY who will take
>> this on without it costing me a fortune - the collector in question is Wolpoff
>> for MBNA (if legit) and they are known for bending the law - so if anyone
>> knows one, can they post a referral please?
>>
>>
>>> On 8/15/06, DebtorJoe wrote:
>>>> The National Arb Forum decisions are binding -- they are authorized to
>>>> handle debt cases in your original cardholder terms and conditions.
>>>> Although the NAF is not a court, they can convert an arbitration award
>>>> into a legal judgment and then pursue wage garnishments, etc. Definitely
>>>> do not ignore the NAF -- I learned this the hard way.
>>
> I just read all the posts and wanted to respond since I just came from the
> courthouse with a copy of my court file in hand. MBNA is just plain
> unbelievable! Like the other post earlier, I had agreed to a payment plan with
> MBNA for $175 a month. I paid it for over a year and bam! they wanted $1400 a
> month - no compromise. Then NCO got ahold of it (another favorite that has also
> had complaints brought against them under the FTC). I received a notice in Feb.
> 2006 that a judgment had been levied against me. The only notice I had ever
> received was dated 10/05 stating that the NAF had awarded $20,572 in NCO's favor
> (the original debt was $10,300). I had no idea that a judgment was going to be
> filed 6 months down the road without any kind of service for me to go to court.
> Of course, I'm trying to find an attorney that will even talk to me about it.
> None of them seem to want to mess with it. I have no idea if I have any rights
> whatsoever in this case. Since I never received any paperwork from NAF, it
> doesn't seem right to me. Don't they have to send their paperwork certified mail
> or something proving you received it? Oh and by the way, they did get into my
> bank accounts and took every penny and then I had to pay $600 in bounced check
> fees. They even drew out of my line of credit. I've been unemployed since 1/06
> so needless to say, they got me when I could least afford it.
> If anyone has information I could use, let me know. I'm not sure if I should try
> to get an attorney to fight this or if it's futile.