tvaughn

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  1. @Goody_Ouchless You are correct - that's pretty much exactly how it went on the other board. They made it sound like the other side would just run away once I initiated arb proceedings, but that was clearly not the case. And then they almost made me feel guilty for doing it. @Goody_Ouchless@fisthardcheese If I offer 75% of the amount in dispute over x number of months, is the goal to actually get them to agree to that 75% number or am I looking for something less than 100% but greater than 75%? There isn't much leverage for me here.
  2. Thank you to all for your replies. This is obviously not the outcome that I had been hoping for here, but I was clearly up against it from the beginning. I am quite certain that I have pissed off the law firm to the point that there is no way they are going to want to make any sort of deal with me. Given that piece of information, what would you guys do? I understand what you are saying about trying to somewhat control the situation, but do I still wait for them to try to confirm the award as a judgment first and then try to deal or do I reach out to them before that knowing that they are likely to ignore any settlement offers just like they did in the past?
  3. @pulpfiction0Thank you for your reply. Based on the info you posted, you’re basically suggesting that I just accept the arb outcome and call Amex to try to arrange a payment plan by which I pay back the entire amount in dispute. This is done basically to avoid a judgment and/or wage garnishment, bank levy, etc. Would to love to get some other opinions as well to see what the majority thinks is the beat course of action at this stage of the game. It’s not a question of what I want to hear at this point - I don’t really have an opinion one way or another. Just want to put myself in the best possible position.
  4. The tough part for me is figuring out if I should be proacative/aggressive here or just lay low and hope that they forget about me/drop the ball. I know that it's a longshot either way, but I have to try to determine which strategy gives me the best chance at a favorable outcome.
  5. Spoke with an attorney about my case today, and his initial recommendation is for me to lay low since this is merely an arb award at this point. I did send him some documentation to look over to see if that changes his mind, but it sounds like I should wait until when/if the opposition moves in court to have the award confirmed as a judgment.
  6. No, I don’t believe BK is a realistic option for me.
  7. Tons of great info and suggestions here - thank you so much to everyone for helping. My initial thought is to try to use an attorney to help me, but I can't help but wonder if that might be throwing good money after bad. I had been in touch with an attorney during the arbitration process, and they actually told me that it would not be worth it for me to pay them for their services during the arbitration process (I guess they figured it would just end up costing me more money on top of the eventual arb award). I could reach out to them again now that the arb process is over, or I could try to find another attorney who may be willing to assist me here. I know that time is not on my side though, and I'd like to do something about this sooner rather than later. I completely understand that this is all a longshot, but I don't have much else to lose at this point.
  8. How can the clock start if the court isn’t even aware that the arb award exists?
  9. I have no idea, nor do I now if there’s a way for me to find out. I would love to know myself, as I’m sure many others here would as well.
  10. Wouldn’t that 90 day clock only start when/if a judgment is entered by the court? Right now it’s just an arb award.
  11. As predicted by pretty much everyone here, the arb panel has ruled in favor of the creditor. What is my next step? Do I simply wait for the attorney to move in the courts to have the arbitration award confirmed as a judgment?
  12. Do these guys even present settlement offers to the OC? Pretty sure I read that they don't.
  13. So would you guys recommend leaving this alone for now or should I reach out to the arb org to check on the status? I know everyone said that the longer it takes the better it is for me, but I want to make sure I'm doing the right thing by waiting.
  14. Just wanted to post quick update to say that I have no update🧐. I haven't heard a thing since I sent my objections in about 3 weeks ago, although I know they received my objections via email because I got an out of office reply from the case manager. Should I just let sleeping dogs lie at this point?
  15. The more I think about this the more I believe there may be something fishy about this affidavit that the creditor's attorney submitted. After I sent my objections to the creditor's untimely and incomplete brief and exhibits (email was sent on October 15th), the creditor's attorney sent an email late in the afternoon of October 24, 2018 indicating that it was their "intention to submit an affidavit signed by our client by way of addressing the request for a ‘certificate of authenticity’. Please note that these documents are identical to those that were admitted into evidence at the actual hearing and authenticated via live testimony from a custodian of business records of CREDITOR. These are the same documents that were also included in the CD rom that was previously submitted with our brief. MY NAME has had these documents in his possession for over a year. In the interest of convenience can we just submit the affidavit as opposed to resubmitting all of the documents? It should further be noted that subsequent to the original hearing the Arbitrator gave MY NAME an additional two weeks to supply documentation in support of his asserted defense. I’m attaching the e-mail hereto. Allowing the affidavit is consistent with the prior rulings in this matter. Upon receipt of your response I will be able to produce an affidavit quickly." The arb panel lead responded late in the afternoon of October 25, 2018, saying "You may submit the affidavit without re-submitting all of the documents but the affidavit must make clear that the representations relate to the documents supplied on the specific CD Rom that was served on MY NAME and filed with the ARB ORG panel and that the affiant has reviewed those documents." I've already stated here that the affidavit makes no reference whatsoever to the CD-ROM - I've already objected to that, but that's not the fishy part. What's odd is that the affidavit was dated and signed by the assistant custodian of records (and signed by a notary) on October 26, 2018. Also, as I previously mentioned, the top of the first page of the affidavit lists the court name, case info, docket #, etc for the original civil case that the creditor filed against me - nothing related to the arb case (arb org name, case #, etc) is listed in the affidavit. If this affidavit was created on or around October 26, 2018, why is the court case info listed on it? It looks to me that they had perhaps planned to use this affidavit in the court case (or in the first arb hearing since the cover letter lists the original arb case #, not the case # that applies to the appeal) and simply changed the dates and some other info to use it for the appeal Also, the cover letter included with the affidavit is dated September 27, 2018.