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MBNA lawsuit


karnoir
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As i mention in previous post http://debt-consolidation-credit-repair-service.com/forums/showthread.php?t=274029 I'm being sued by MBNA in Illinois, when i live in nevada.

Today I receive the summon (my father sent it to me) that was left at my parents house in illinois. MBNA is trying to get their NAF award throught the court.

They send me letter of NAF arbitration and all but i never reponded and i ignored it. Then they sent a certified letter, which i did not sign, my father did. Then they got an award against me through NAF.

Now they are trying to pass it through the court to get a judgment.

My plan is as follows:

1. Let them get a default judgment in Illinois

2. Vacate the default judgement in Nevada

3. Let them file a lawsuit in nevada

4. Fight with them in court by saying that i don't recall having a MBNA account and that they have to prove that it's mine and that i agreed to NAF, and that i never received letters from them about arbitration and them filing a claim in NAF

What do you guys think?

Thanks

Also how can they sue me as MBNA when MBNA doesn't exist anymore. Shouldn't BOA sue me?

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Sorry, but I think your in semi deep doo doo. If it were me, and I had let it get this far in the game, I would definitely serve an answer on the Illinois court.

My number one defense would be improper venue under FDCPA, and asking for dismissal on those grounds. If they grant the dismissal, you will still probably have your day in Nevada court.

You may have more room to wiggle and argue the; Whats this all about, never heard of it defense, in the initial try for judgment, then if they already have an uncontested judgment they are domesticating in Nevada.

Just my two cents worth, good luck.

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well for one thing i have to file an answer and pay the fee in person in illinois, and send a copy to the plaintiff. I just got a new job and i don't have any days off. So i can't afford to go to chicago.

Another thing is that where i was served through my parents (illinois), that's where they sent all the arbitration notices. If I'll file an answer now they will be : well you answered now what about the other times we sent you arbitration notices and such.

I'm planning on vacating the judgement as soon as it shows on my credit report.

On another note how would i write a dismissal letter? Can some one post a templet?

Thanks

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The entities you’ve been dealing with certainly flawed and corrupted the arbitration process IMO. This is your defense, but you will need to go to court on this matter. Reason being: This arbitration decision-turned-judgment is going to be sold to other JDB’s at 33% default rate. After a while it’ll be very difficult to administer to a court decision in your favor through the Tangle.

Good luck.

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An arbitration award it like... God's gift for a judgment. Vacating that would be so difficult. File the motion to dismiss... find a NACA attorney... call NAF and tell them you do not live there, have not lived there and see if you can get something that way. I did something similar and got that gone, but I had a Federal SCRA defense. I ignored them too... Big boo boo I learned. Try and fight this now. Chances are you will not be able to do anything if they get that judgment. Especially if it is too hard to get back now, later is worse.

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  • 4 weeks later...

I fought this NAF thing for three years with MBNA the first mistake was your dad signing for the paperwork.. here is your second problem.. since NAF is located in Minn it doesnt matter where you live. it is nearly impossible to get it overturned you should have grabbed this the second you recieved paperwork and asked for an IN PERSON hearing in your area(yes you can do that) otherwise you are rubber stamped..

I am afraid since NAF is fake court all they have to do is move the judgment to where you live.. and believe me in a NAF case its not hard to do.. they are overturned ONLY if you can prove it was a decision baseed on bias or illegal dealings.. its easier to get a meeting with the Pope.'

Its not like a local judge made this choice.. he is simply verifying the award once it was made

My case was won because I refused to sign for anything and by the time they did throw papers at me (without my signature) they were out of SOL, but had I got it and waited they would have gotten an award.. my lawyer jumped in with an in person hearing avoiding the rubber stamping... as one reader said you are in deeper then you think... but give it all you have..

But once they had a decision.. its like trying to get ground glass out of butter...

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I’m not certain what Blue eyes stated is entirely correct. What the arbitration-turned-judgment has is the Court allowing “someone” to attempt collection. It seems the collection process on arbitration at this point is the same as collecting on any debt, and FDCPA is again raised. MY reason for observing this area has a lot of smoke and mirrors.

It’s been observed these arbitration-turned-judgments are quickly sold to other JDB’ers. In lurking on the debt collection blogs and forums I am surprised by the lack of entrees on how arbitration is manifested into cash. I may be a very dull fellow, but I find the lack of crowing from the other side on this point significant. I also find the lack of news on this manifestation of cash on this blog significant too.

I often wonder what the real bottom line to all the flurry of activity is.

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I’m not certain what Blue eyes stated is entirely correct. What the arbitration-turned-judgment has is the Court allowing “someone” to attempt collection. It seems the collection process on arbitration at this point is the same as collecting on any debt, and FDCPA is again raised. MY reason for observing this area has a lot of smoke and mirrors.

It’s been observed these arbitration-turned-judgments are quickly sold to other JDB’ers. In lurking on the debt collection blogs and forums I am surprised by the lack of entrees on how arbitration is manifested into cash. I may be a very dull fellow, but I find the lack of crowing from the other side on this point significant. I also find the lack of news on this manifestation of cash on this blog significant too.

I often wonder what the real bottom line to all the flurry of activity is.

I can assure you it is nearly impossible to have an arbitration overturned.. check with any of the lawyers on this site... they will tell you to fight it the best way is before the award... and yes what I said is correct... even the ninth circuit court weighed in on this...

I went through this for three years with three lawyers and a flurry of paperwork that would make a judge weep... they don't just get the award for fun.. they get it to obtain a judgement... and in very few cases (less then 2%) is it thrown out.. in SOME states the rules are changing.. for example in VA you both have to sign to agree to arb... so its slowly getting better.. but NAF award is as good as a judgement...what they do, or who they sell it too after that is anyones guess.. but lack of crowing?? Do a search hear for ARB or NAF believe me you will find a plethora of information

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Hey folks start looking for recent appeals court decissions in your State because I have found a few in my State that are in favor of the consumer. Basically you have 30 days under my State Statute (CT) to file a MOtion To Vacate Arbitration Award at which time you can bring up the request to see a Contract you signed for Arbitration. The old "we threw it in your Statement" isnt holding up around here any more.

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Sorry Blue-eyes,

Maybe I'm missing something. I can't find what you claim in this blog or any other blog or forum.

What I do find is whatever these JDB'ers win at an arbitration-turn-judgment is taken away from them on appeal. I've not found one case that was challenged a consumer was ruled against in the end. Doesn't matter if its fought from the front or back of the arbitration scam.

BTW are you really blue-eyed? :-)

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Sorry Blue-eyes,

Maybe I'm missing something. I can't find what you claim in this blog or any other blog or forum.

What I do find is whatever these JDB'ers win at an arbitration-turn-judgment is taken away from them on appeal. I've not found one case that was challenged a consumer was ruled against in the end. Doesn't matter if its fought from the front or back of the arbitration scam.

BTW are you really blue-eyed? :-)

Lol, yes I am a blue eyed blonde, :)

As far as cases I stand by what I said, I have seen it first hand Many times, some states are getting wise to NAF, but I assure you many judges still won't overturn it .

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What I do find is whatever these JDB'ers win at an arbitration-turn-judgment is taken away from them on appeal. I've not found one case that was challenged a consumer was ruled against in the end. Doesn't matter if its fought from the front or back of the arbitration scam.

The biggest problem I have seen is where the alleged debtors ignore the Arbitration Award because there is a time period where you have to file a motion to vacate and if you go beyond that period the Courts are always in favor of the Arbitration because of the rules. Over and over again when the JDB goes to Confirm the award the Debtor shows up to contest and because he/she is beyond the time allowed by Statute or the FAA, lets not forget that the Judge is not always fair and might be looking for any excuse to confirm the Arbitration Award. HINT:::(I have seen JDBers on other boards talking about contributing to Judge's election campaigns).

BY THE WAY I have blue eyes too 8-)

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