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HELP. I WANT TO AVOID JUDGMENT


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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

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Relax, but take action before the time frame has expired. You may need to call us at www.XXXXXXXXXX.com or at XXX-XXX-XXXX.

It sounds as though you knew a little about how to eliminate credit card debts, but were left on your own to finish defending yourself from the tricks and legal tactics that seem to pop-up.

Abitration boards do or seem to be the final resting place for debt elimination, however, there are many tricks for the people who created the trick system.

I do not know the whole story, but I do know that any mail that you receive that indicates that "if we do not hear from you within 30 days" should be answered by at least a simple "certified letter" stating that you do not know what they are talking about, but you are welcomed to send a validated signed affidavit from the company that says you owe money. These crooks cannot legally validate anything under the federal banking laws. Like I say I do not know your whole story, but I welcome your call and I will give you one free advise call @ XXX-XXX-XXXX Jim > Good luck, be cautious.

[Edit by admin on Tuesday, April 15, 2003 @ 04:07 PM]

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but you are welcomed to send a validated signed affidavit from the company that says you owe money. These crooks cannot legally validate anything under the federal banking laws.

HUH ???

SPAM is right - and its inaccurate to boot !

This nonsense of our banking system being 'illegal' is just another scam and total BS ! A 'signed affidavit' from some dirtbag CA is NOT going to PROVE you owe jack squat, its more trash for the landfill !!

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