Donnie Posted January 13, 2005 Report Share Posted January 13, 2005 I have sent a DV letter to a CA twice and all they ever send is a copy of an Arbitration Award. I was served with a Summons & Complaint (Plaintiff's Complaint To Enforce Arbitration Award). It appears that the CA is relying on the Award as validation of debt. I had disputed and refused to participate in the arbitration process. They have yet to produce the original contract agreement with my signature on it or anything else. They also listed MBNA as the Plaintiff instead of themselves. In previous letters CA had said that they have been retained to collect the balance on the account, making me believe that they were representing MBNA. I called MBNA for conformation and MBNA told me that they have not hired or retained the CA to collect and that they are not the Plaintiff suing me. What can I do to get the court to dismiss this false representation by the CA that also has not validated the debt? In my answers to the Summons, I stated that the arbitration clause in the credit card ageement was found to be unconscionable and uneforceable in several supreme court cases and I listed those as well as my exhibits. The judge issued us an Early Disposition Settlement Conference Notice for Feb 16 and also issued us with a Discovery And Case Evalution Order. The CA has now filed another Motion To Confirm Arbitration Award and For Entry of Judgement without us even getting to the Early Disposition Conference. I believe that the CA is nervous about my answers to the complaint and my exhibits that I submitted and this is why they are trying to attempting to railroad in this new hearing for Feb 14. I'm not sure what to do hear or what to prepare for. Do I file a Summary Disposition Motion? Do I submit my answers for this new hearing? How can the CA do this? I feel as though my rights are being prejudiced to submit interogatories and do discover work like the judge ordered. Could use some help here. Link to comment Share on other sites More sharing options...
Recovering Attorney Posted January 13, 2005 Report Share Posted January 13, 2005 If I were you, I'd hire a lawyer. This matter has left your control Link to comment Share on other sites More sharing options...
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