HELP. Pending Judgment MBNA, etc.

[Anonymous]

Okay, here it is, folks. Everyone read this and please give advice as to my odds and options.

I went through the whole "Due Process" books, etc. and stopped payments on my MBNA card. I got an arbitration award against MBNA saying they owed ME a huge chunk of change and then they ignored it and had Wolpoff and Abramson get the National Arbitration Forum on my case, which of course gave the award to MBNA since I refused to participate and sent them a letter telling them so, plus a copy of the previous award.

W&A then sent the decision to me and said I needed to pay the debt before further legal action was taken. Then I got a letter from a law firm in my state who said they were to collect the debt and that I needed to request validation within 30 days if I was going to dispute it. I then got my attorney to send them a letter saying that I already HAD an award and that they needed to stop attempting to collect the debt until they validated the debt or showed me a judgment against me.

Now my question is, does this mean that the law firm in my state can simply get the judgment and say "pay up" or do they have to advise me first of their intentions to seek a judgment and give me a chance to dispute it?

And if I can dispute it, can I file a motion to dismiss or do I have to show up in court? Yes, I have an attorney, but am running out of money at this point and would rather stop them in their tracks. I have some documentation that has supposedly worked against NAF showing that their decision would be illegal based on the fact that the credit card never lent me any money (but the money was created from my signature -- you've all heard the facts on this) but I didn't get it to them in time -- instead I wrote my own version of it which was ignored (long story).

I have basically no income and no assets, but I don't want to file bankruptcy because of future plans and don't want to get a judgment against me because of the fear of them trying to garnish any FUTURE wages if I can land a decent job. Make sense?

What are my options, folks? I've heard that with a certain letter to NAF in time they will be forced to throw out any case before they award it, but I wasn't in time. I now have the letter and am considering sending it to my local law firm, W&A AND the NAF just to let them know that what they did was illegal and that I want the decision reversed (or at least get W&A to know that I'm prepared to point all this out in court).

Bottom line, I'm at my wits end and need to know how I can get this thing stalled and get them to AVOID getting the judgment against me.

Any tips would be super helpful.

Thanks,

LastDitch

[calawyer]

You need to get your lawyer involved in this. Your questions can only be answered by examining all of the paperwork relating to both arbitrations.

[Anonymous]

CALAWYER could be right but who can afford a lawyer?

We wouldn't be here looking for answers if we could pay for our own attorney.

My experience from this long hard process is to get ready for the judgement (if it comes) and how to fight (if) they go that route. There's a lot of resources on-line. Be prepared for anything and especially the worse (call me "Mr. Doom & Gloom"). That's the new route the CA's are going for today. The CA's business is a BIG money scam and they can afford to have the hotshot attorney to scare or intimidate most people to pay because a majority don't know the law or even how to go about the disbuting the allegation. Most people are intimated and scared of court. The CA's count on this.

A majority of people don't have the energy or resources to fight because of the 40+ hrs working and families to support. I'm learning to question everything and accept nothing but the truth.

[calawyer]

Sorry you feel that way OS. Personally, I spend a lot of time here trying to help people "do it themselves". Sometimes, though, the best advice I can give is to see a lawyer. This is one of those instances.

Lastditch got an arbitration award against MBNA then somehow MBNA got an award against him. Same case? Slighly related? Should MBNA's case against him have been asserted in the first suit as a cumpulsory counterclaim such that it was waived by the failure to do so?

I don't know. Neither do you. An attorney needs to review the paperwork and figure it all out. Will it cost money? Maybe not. If LD has an award that can be confirmed by the court and have judgment entered, then costs of collection might very well be recoverable under LD's state law. This one is beyond anyone's ability to resolve on a discussion board and sometimes you have to call a spade a spade.