Re: National Arbitration Forum against me

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Melanie, if your only source of income is disability you're
judgment proof and they won't be able to garnish your funds.

Having said this, recognize that the bank is not your friend.
I've had clients get garnished in such cases and it takes
about three weeks of screaming at the courts before we get the
money back, so make sure you have enough to pay your bills
stashed in a shoebox while you sort it out.

Gary's pretty much correct about NAF-they are a kangaroo
court, rubber stamp bunch of sluts.

The Delaware choice of law provision in the cardholder
agreement is inoperable as a matter of Delaware law. It is
provided in 6 Del. Code §2708 (2005) dealing with choice of
law provisions:
" (a) The parties to any contract, agreement or other
undertaking, contingent or otherwise may agree in writing that
the contract, agreement or undertaking shall be governed by or
construed under the laws of this state….
(c) This section shall not apply to any contract,
agreement or other undertaking (i) to the extent provided to
the contrary in §1-301c of this title or (ii) involving less
than $100,000." (emphasis added).

On 9/04/07, Gary Ricin wrote:
> The first thing to do is to challenge the ruling. Normally,
> you'll have 30 days from receipt of the notice of award to
> make a challenge. If this 30 days has not expired, then all
> is not lost. There are most likely other grounds that you
> could challenge the ruling on.
>
> For instance, did you file any kind of fraud alert per the
> illegal overuse of your card? If you did, and the NAF did
> not take that into account in their hearing, then youmight
> have a case that the NAF showed undue partiality to the
> people tying to get money from you.
>
> A couple other things:
>
> The NAF is known nationally a a rubber stamp arm of a
> handful of credit card companies and debt collectors.
>
> The system works thus: The credit card companies include a
> controversial arbitration clause in their credit card
> agreements that says all disputes must be arbitrated byt the
> NAF.
>
> Then, when there is a dispute, the credit card company
> essentially buys a certificate from the NAF stating that the
> credit card user is at fault and owes the money.
>
> However, the NAF is not a court of law, so the credit card
> company then has to take that award to a court to have them
> enforce it.
>
> It sounds as though you're somewhere about here in the
> process.
>
> If I were you, I'd challenge the NAF's contention that there
> ever was an agreement between you and the company to
> arbitrate the dsipute. There are various documents that tey
> MUST produce, particularly if you demand them, or they can
> not get the award enforced.
>
> One of these documents is a binding contract between you and
> them to arbitrate disputes.
>
> My guess is that none such exists.
>
> Get Angry! and fight back.
> On 7/19/07, Melanie wrote:
>> Unfortunately I used poor judgment and let a relative use
>> my credit card. He filed for bankruptcy and I am left with
>> his debt. I am on disability and cannot pay . I do not own
>> a house or a car. I have 175.00 in savings and receive
>> 600.00 a month. Recently the National arbitration ruled
>> against me in the amount of 38,000. What can they do to
>> me? Do I have to file for Bankruptcy? I really can’t
>> afford to pay a bankruptcy Lawyer. Any advice would be
>> appreciated. I live in the state of New York. Thank you
>>