Re: National Arbitration Forum

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While I believe "--" gives good general advice, especially if one is dealing
with an original creditor, JDB are usually a much different kind of animal (I'm
assuming that the original debt has been sold at least once, and maybe several
times).

Most consumer protection attorneys charge little, if anything (often free) for
an initial consultation. You would be very wise to seek the advice of one
before making any offer to settle. My experience is that most of these kinds of
attorneys would charge much less than $3000 (probably half) to represent this
kind of case (definately check around). In many consumer cases attorney fees
are fee-shifting, meaning if you win the case the plaintiff is required to pay
your costs. Whatever you do, make sure your step father does not admit the
debt, especially in writing, to the JDB.

The likelihood is, even if the JDB legitimately has a right to collect the money
it is seeking, they often (In the vast majority of situations) do not have the
evidence required to prove the debt at trial. Often any evidence they do have
can be easily dismissed as hearsay without the original creditor's testimony.
The likelihood of this increases with the older the debt is and the number of
assignments it has gone through.

You will find that JDBs and their attorneys specialize in the art of the default
judgment (meaning they count on filing numerous lawsuits and expect that very
few consumers will even respond).

On 1/28/08, -- wrote:
> On 1/28/08, Silly Willy wrote:
>
> It is always the best advice to seek advice from an attorney and I second that
> recommendation if you can afford it. In your case it appears that your step-
> father owes somewhere under $3,000 (is that correct?). Hiring an attorney
> will cost that much so it is not logical. If it is a junk debt holder trying
> to collect, they will be happy to accept the original debt in full
> settlement. You should not agree to settle for more than the actual debt
> which means only the amount charged without penalties or interest. Let me
> know if your step-father's house is tenants in entirety.
>
>> I think you've got the wrong idea so far... check out this site.
>> http://www.creditboards.com/forums
>>
>> Junk debt buyers are the worst of the worst. In all likelihood, negotiating
>> with them will cause you more trouble. Some people on this site should be
>> able to help you.
>>
>> You may want to consult with a consumer protection attorney. You should be
>> able to find one at http://www.naca.net
>>
>>
>>
>>
>> On 1/27/08, Jom-Jon wrote:
>>> I will try to find the status on the deed and keep you posted once I find
>>> it. As far as negotiating w/ Mann Bracken what would be the best way.
>>> They stated that after the account has been w/ them for 30 days they will
>>> review for arbitration. It's almost 30 days... should I send an
>>> arbitration refusal letter? I do want to pay for the account, but not with
>>> the amount they're asking for. I know that my step-father's credit has
>>> been damaged, but at least it will look somewhat better if it's paid. Do
>>> you know anything about making lump sum payment? how much would they or
>>> should they lower the bill down? I apologize for taking your time....
>>> On 1/27/08, -- wrote:
>>>> On 1/27/08, Jom-Jon wrote:
>>>>
>>>> California allows a small exemption they refer to as a "grub stake" for
>>>> personal and real property. It is only $17,450. Your step-father
>>>> undoubtedly has more equity than that in the house so he would lose the
>>>> house and keep only the "grub stake" amount. No help there.
>>>>
>>>> Most people would keep their deed in a safe deposit box or some place
>>>> where they keep important documents. If you are unable to locate the
>>>> deed, you can go to the county office of records in the county where the
>>>> house is located and they will have a record of the deed. They may or
>>>> may not be able to help you determine if the deed is "tenants in
>>>> entirety" or not. If they can't help you determine how ownership is
>>>> recorded, get a copy of all information on file and post again that you
>>>> have info. Or better yet, go to a free legal aid provided and ask them
>>>> to look at the info or deed if you find it. If the deed says something
>>>> like Mr. and Mrs. Xxxxx "as husband and wife" it is almost certainly as
>>>> tenants in entirety.