sunflowr Posted August 7, 2005 Report Share Posted August 7, 2005 I recieved a summons from a CA asking for a Judgement. They already have an Arbitration Award, so am I stuck? Or can I still fight this? I thought the Arbitration Awards don't hold up in Court anymore. They've never VD. Can I use that? I've always Disputed the debt as well but it's still on my CR as A Charge Off along with all the other Debts that have been in dispute.Help!!!!!!!!! What should I do as I only have until Sept. 06 to answer. Link to comment Share on other sites More sharing options...
IHateCAs Posted August 7, 2005 Report Share Posted August 7, 2005 I recieved a summons from a CA asking for a Judgement. They already have an Arbitration Award, so am I stuck? Or can I still fight this? I thought the Arbitration Awards don't hold up in Court anymore. They've never VD. Can I use that? I've always Disputed the debt as well but it's still on my CR as A Charge Off along with all the other Debts that have been in dispute.Help!!!!!!!!! What should I do as I only have until Sept. 06 to answer. Sept 06th is a long way from here, no panicking allowed.Some relevant facts would be nice.What state are you in?How were you served?Did you go to the courthouse and confirm there is a complaint filed?Did you get copies of everything they filed?What type of account is this for? Credit card?What are the relevent dates for the account? (date charged off/date last paid)Is this Wolpoff & Abramson suing you?Did you receive a notice for the arbitration prior to this? Link to comment Share on other sites More sharing options...
sunflowr Posted August 9, 2005 Author Report Share Posted August 9, 2005 I live in NJ.I received the Summons by Certified mailNo I haven't been to the courthouse, however I recieved a copy from the court house. This is what I received by certified mail.I didn't recieve all of the papers. There was only 1 paper saying they have an arbitration award, the amount and that they want a judgment.Yes this is a credit card account.The award was won on 4/11/2005. Haven't made a payment to them in about a year.Yes the original CA was Wolpoff and Abramson, but after the award was won Pressler and Pressler have taken over. This is who is seeking the judgment.Yes I did recieve notification before the arbitration, but was told not to worry about it because it won't hold up in court(arbitration award). Link to comment Share on other sites More sharing options...
IHateCAs Posted August 9, 2005 Report Share Posted August 9, 2005 I live in NJ.ouchI received the Summons by Certified mailNo I haven't been to the courthouse, however I recieved a copy from the court house. This is what I received by certified mail.I didn't recieve all of the papers. There was only 1 paper saying they have an arbitration award, the amount and that they want a judgment.Yes this is a credit card account.The award was won on 4/11/2005. Haven't made a payment to them in about a year.Yes the original CA was Wolpoff and Abramson, but after the award was won Pressler and Pressler ouch have taken over. This is who is seeking the judgment.Yes I did recieve notification before the arbitration, but was told not to worry about it because it won't hold up in court(arbitration award). As soon as I saw NJ I thought "oh boy its Pressler & Pressler".When you say "haven't made a payment to them in about a year" did you mean the credit card company or a CA?What company was the CC for? Link to comment Share on other sites More sharing options...
sunflowr Posted August 9, 2005 Author Report Share Posted August 9, 2005 The CC is from MBNA. I was with a company about 1yr. ago called TA Financial. They were supposably a "debt elimination" program. However I didn't know that the system of arbitration didn't work or hold up in court. I was told not to make any payments to the CC or CA or it would mess up the program in which I was in, that's the reason why no payments have been made. Does it matter that it was with Abramson and Wolpoff when the arbitration was won, and now it's with Pressler and Pressler?How should I answer this court matter? They never validated the debt and it was and still is on my CR as a charged off. Isn't that illegal? I had disputed the debt ever since the beginning of this. Link to comment Share on other sites More sharing options...
IHateCAs Posted August 9, 2005 Report Share Posted August 9, 2005 The CC is from MBNA. I was with a company about 1yr. ago called TA Financial. They were supposably a "debt elimination" program. However I didn't know that the system of arbitration didn't work or hold up in court. I was told not to make any payments to the CC or CA or it would mess up the program in which I was in, that's the reason why no payments have been made. Was the MBNA account charged off already?Does it matter that it was with Abramson and Wolpoff when the arbitration was won, and now it's with Pressler and Pressler?Well it proves that scum travel in packs. How should I answer this court matter? They never validated the debt and it was and still is on my CR as a charged off. Isn't that illegal? I had disputed the debt ever since the beginning of this.I'm hesitant to give any advice, since I'm not real familiar with arbitration awards and how they affect lawsuits.At least MBNA isn't suing you in Delaware. As I understand it, when you sign one of their CC agreements, you agree to have all suits settled in Delaware under Delaware law (non existant).It's definitely a good thing you've been disputing since the beginning though. Link to comment Share on other sites More sharing options...
sunflowr Posted August 9, 2005 Author Report Share Posted August 9, 2005 Yes it was already charged off. Is that fair that they did arbitration before they even could validate this debt?I never had a SIGNED agreement with MBNA. I never saw any VD from the CA. Where would you recommend I go to find some answers about the arbitration process and how it affects the court matters?Thanks for all of your replys thus far. Keep them coming!!!Absolutely SCUM travels in packs Link to comment Share on other sites More sharing options...
KentWA Posted August 10, 2005 Report Share Posted August 10, 2005 Since you state you disputed since the bigining and I assume that means you DVed them as well and they have not answered, that mean the arbitration award is a continued collection violation in and of itself.Now the summons you got from Pressler and Pressler, is this the first contact you have had with these scum? If so whip out a DV real quick to them. Case law says if the summons is first contact, they have to stop the process and validate, possible additional violation there. Also if this was the first contact from them did it have the mini-miranda? I think I just read a case where a CA got nailed for that.The arbitration award is not a judgement, they are going to try to argue in court that it somehow proves you owe them. That is just not the case. Don't worry about the Arbitration process, whip out that DV real quick if this is first contact, then work on those answers. Link to comment Share on other sites More sharing options...
sunflowr Posted August 10, 2005 Author Report Share Posted August 10, 2005 This the first contact from pressler and pressler or should I say scum bags!!!!!!!! I had already sent them a DV and in the interm I recieved this Summons. Still haven't recieved an answer.I had sent out DV's in the very begining of all this, never received an answer. That was a year ago.I'm sorry but what is a mimi-miranda? How should I answer this summons? Any suggestions is very much appreciated.HELP!!!!!!! Link to comment Share on other sites More sharing options...
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