have2win_06 Posted November 5, 2006 Report Share Posted November 5, 2006 HelloI recently had MANN BRACKEN ATT> working for CHASE. They sent my account NAF. ( I had sent a debt validation and then even sent a refusal to arbitrate to Mann Bracken and NAF) and to my surprise the sent me a letter saying they award was granted. So now what do i do? They totally ignored my refusal, and Ihave all my paper work that they recieved it(certified mail.) If this award stays and is not overturned. Can they come after my house I am paying a mortgage on it. (28 years left) In the worse case what does this mean? I am in Maryland...please help me Link to comment Share on other sites More sharing options...
willingtocope Posted November 5, 2006 Report Share Posted November 5, 2006 Use the search function and look for NAF. The news isn't great, but...before they can take any money from you, they have to take the arbitration award to you local court and get it turned into a judgement. You'll get a chance to defend yourself in court...Plus...there have been some recent case law that says this own process is a scam, and some courts have refused to accept it...Use the search function... Link to comment Share on other sites More sharing options...
Recovering Attorney Posted November 5, 2006 Report Share Posted November 5, 2006 What made yo think you could unilaterally refuse arbitration? God, there is a lot of garbage info out there Link to comment Share on other sites More sharing options...
willingtocope Posted November 5, 2006 Report Share Posted November 5, 2006 Hmmm, he said under his breath, every once in awhile Recovering Attorney is taken over by the dark side...You can ALWAYS refuse anything. Will it stick? Don't know. The thing to keep in mind (which lawyers are trained to ignore, sometimes) is that the law is not absolute. Its always subject to intrepretation. The first person that will get a crack at this is the judge that gets to rule on their request to get a judgement. There is indeed better than a 70-30 chance the judge will rule in their favor. However, as I said, there have been caselaw that says otherwise.If you haven't got the money to pay them, and you can't do a BK, then you have no choice but to make them spend money coming after you. It might...repeat might...make them give up. Link to comment Share on other sites More sharing options...
have2win_06 Posted November 5, 2006 Author Report Share Posted November 5, 2006 I am a bit confused on the lawyers answer, I sent a Refusal to Arbitrate? This has worked for other people. It is almost as they didnt even take note of it that I had sent it to them?Also can someone tell me if they do get a Judgement can they go after my home? even if i dont own it yet? iam still paying 28 yrs left of it.?If they cant I am not worried about it then. I am self employed so i dont get a check they can take. Link to comment Share on other sites More sharing options...
willingtocope Posted November 5, 2006 Report Share Posted November 5, 2006 Well, as I said, nothing is absolute when it comes to law suits. But, in general, an unsecured loan (like a CC) cannot be used to "take" a secured loan. If they get the arbitration award, and if they take it to court and get a judgement, they may be able to put a lien on your house. In general, all that means is they if you ever go to sell it, you'll have to settle that lein at that time.Like I said, do a search on NAF. Some people claim to have beaten them. And, there have been legal rulings against them. You'll have to determine if any of that applies to your case. Link to comment Share on other sites More sharing options...
admin Posted November 6, 2006 Report Share Posted November 6, 2006 I am a bit confused on the lawyers answer, I sent a Refusal to Arbitrate? This has worked for other people. It is almost as they didnt even take note of it that I had sent it to them?Also can someone tell me if they do get a Judgement can they go after my home? even if i dont own it yet? iam still paying 28 yrs left of it.?If they cant I am not worried about it then. I am self employed so i dont get a check they can take.You have to cite the case law for your specific case to get arbitration slapped down. Like, when you signed there was no arbitration in the card agreement and it was added later. Of course, you'd have to prove that. Or there is some civil code in Florida that alllows you to appeal arbitration, but that's Florida.You basically have to show that it wasn't a fair hearing of your case. Link to comment Share on other sites More sharing options...
CarolinaBlueEyes Posted November 7, 2006 Report Share Posted November 7, 2006 Under the heading credit article of the week.. ladyinred posted a really interesting article on the NAF it is worth the read Link to comment Share on other sites More sharing options...
FriendInCt Posted November 9, 2006 Report Share Posted November 9, 2006 In the Arbitration Awards that I have seen it states "Parties Have Agreed To Arbitrate". For the cases in point that I am aware of neither of the people signed an agreement expressly consenting to Arbitration. The fact that they state that shows the fraud involved here. I noticed in new credit card offers that I receive Arbitration is mentioned in their application , and of course it is with the NAF but people that I know where the alleged account was opened over 15 years ago no Credit Card Agreement is handy never mind an arbitration agreement. Link to comment Share on other sites More sharing options...
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