Judgement after a Validation letter was sent

[TTigggers]

Ok here is the problem several years ago I had an acct with MBA lost job ect. could not pay the balance I tried to work out offers with them and failed they refused to work with me. Six months ago I got a letter about arbitration and collections from NCO about this matter I sent them a validation letter CMRRR with no response about 2 months later I got a decision against me from the Forum stating they held an arbitration hearing and a judgement was found against me for the full amount plus interest and costs (which adds up to more than $2500). Where do I go from here? I'm sure they can't just do that But what recourse can I take against MBNA, NCO and the Forum? Any help would be greatly appreciated. I am very happy to be a new member here everyone is so willing to offer help and their own personal experiences which always helps when dealing these low lives.

Thanks

Brian

[KimPossible]

I had a difficult time reading this post. No periods or commas but you did say that this was several years old. Does several mean more than 4? SOL in PA is 4 years. Is this a PA debt? If it was pass the SOL then it may not be legitimate.

[Robert Nashville/Savannah]

It seems to me you have two related but separate issues here.

One is whether FDCPA was violated by their continuing with their (very one-sided I assure you) arbitration meeting and subsequent “judgment”. Frankly I’m not sure about that one – it would seem to me they be in violation but I would suggest that you have bigger fish to fry at the moment and that is addressing this so-called judgment before it goes any further.

To the best of my knowledge, an arbitration award can’t be enforced on its face; the creditor must still go to a real court and get a court ordered (real) judgment before they could execute on it and that will likely be your last chance to stop this. The last thing you want to happen is for them to get a default judgment against you. As already mentioned, if this debt is past your state’s SOL then you would have an affirmative defense against them in court..

I don’t know how much money this debt is but you may want to discuss this with an attorney.

If you do owe the debt and you have any money available at all (and especially if this debt is NOT past SOL) then you should consider trying to settle this – you don’t want a judgment showing up on your CRs if you have the means to avoid it.

[TTigggers]

Sorry for the grammar I never was a very good English student in school. As for the sol on this acct I'm not sure. I can't find the original MBNA CC transactions on any of my CR'S. How Can I find the DOLA if it is not listed on the credit report? All that I can find reported is the NCO CA on there and they are all recent reports.

[KimPossible]

Is this item on your EQ or EX report?

[TTigggers]

No the original information for MBNA is not on any of my 3 CRs. The only information listed is that for NCO which states last activity on 7/2003.

[KimPossible]

Okay, well, since it's on all 3 then there is back door way of getting pretty close the DOFD.

On TU, the very last line in the TL will say:

Estimated date that this item will be removed: XX/20XX

On EX, in the 3rd column, right side, under Original Creditor it will say:

Status Details: This account is scheduled to continue on record until Month 20XX.

Whatever these dates are, go back 7 years and that should be the DOFD. Now, that's not to say NCO did not try to re-age the listing and it could really be older but with out records proving your last payment this is all you'll have to go by.

Did you make your payments by check or debit card? If so, then check your bank records for the last payment you made. That is your true DOFD. Hopefully you have this information.

For example, if the removal date is 5/2009, then the DOFD is 5/2002 and the SOL for PA will 5/2005. If the judgment was obtained after the SOL date then it is not valid.

If after you do the research and you find that it may have been past the SOL, then I would post this information with specific questions on how to purse the matter in the "Is There a Lawyer in the House" forum. The advise given in this forum is very helpful.

[TTigggers]

Ok took a look at my records. here is what I have

EQ says DOLA 7/03

TU says Will be removed 6/10

EX says will be removed 4/10

The original letter from NCO was received on 2/8/07.

I sent NCO a DV on 2/25/07 CMRRR.

My Green card has a date of 3/6/07 as delivered.

The next Letter I received was from the NAF on 4/16/07 stating that they awarded the claimant the full amount.

On the decision letter from the NAF it says "On or before 1/16/07 the parties entered into a written agreement to arbitrate their dispute" I never signed anything from them ever. Fraud? Where can I get this agreement I supposedly signed?

So as I see it the latest SOL would be 7/07. 4 yrs for PA.

Did by not answering my Dv letter make it illegal for them to proceed with arbitration?

Arbitration was finished by 4/16/07 does this restart the timeline?

What about this agreement I supposedly signed?

Why is the amount owed on the cr $300-400 less than what was stated on the arb letter

Where do I go from here?

[KimPossible]

Wow, that's making my head spin. I hope a more senior member with judgement experience sees this!

http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=278857

I just read this over at the "is there a lawyer in the house" forum. This is kinda like your situation. I really think this post maybe in the wrong forum to get the help that you need.

I know they don't like double posting so you may want to ask Admin to move it.

[CarolinaBlueEyes]

Okay first of all its not fraud.. you did agree to arbitrate when you used the credit card (its in the teeny tiny itty bitty print).. like it or not.. NAF is a fake nightmare court.. there are a few things you can do.. first of all determine your SOL which is either date of last payment or DOLA.. the thing is NAF has to serve you within the SOL. IF you have not been served anything from them (this will come in the form of a certified letter or UPS, Fed Ex.. etc.. DO NOT SIGN FOR ANYTHING YOU DONT KNOW.. the people suing me tried to get me to sign sending it two days before Christmas and making it look happy,.. I wasn't that dumb.

FED EX, UPS.. etc are NOT officers of the court so you are not bound to sign for anything.. however they can have a process server at your door which is what happened to me after they tried every other way.. by the time he showed up it was out of the SOL.. but they don't quit that easily.

Next thing you do is you make sure you request an IN PERSON hearing and you will hear all kinds of arguments on how NAF pays for this.. they do not.. its a 250.00.. and the hearing is where you live, IF it gets that far. .. they tend to pay better attention if they are forced to read it versus rubber stamping.

Also RESEARCH , get yourself on the NAF site and google everything you can.. until your eyes fall out.. lots of reading but I assure you NAF is within its rights at this point.. also it is true that if you have an award it has to go to court to become a judgement HOWEVER it is nearly unheard of for that to be overturned unless you can prove the arbitrator was a fraud..or you are in a state that requires signatures like VA (you are not).

I would also recommend you get yourself a NACA lawyer because I promise you they will bury you in paper, discovery, and anything else they can throw I have a file cabinet that proves that.. a NACA (at NACA.NET)lawyer will serve you well believe me.. NAf does not make it simple.. and I had two who I will be forever grateful too.. I am not an idiot but there is no way my case would have turned out the way it did if it were not for them..

make no mistake this process was nearly three years of my life... and the most draining thing I have ever dealt with.. they tried to bury me in paper.. I got lucky.. I had a human arbitrator..however they do find for the big guys about 98% of the time.. study.. do your homework and get a NACA lawyer... its my best advice

DO NOT make the mistake I see so often on here and WAIT until the award has been decided by that time you are in the judicial system... nip it before it gets that far... too many people dont and then wonder what happened when a judgement shows up.

I too had sone trouble reading this post.. so if you have already had an award against you.. you must have had certified papers telling you this was happening.. and this is where I am confused... what did you do during that time.. because everything I am telling you is BEFORE the award is given.. after that its much harder if not impossible .. the good news is PA has no wage garnishment (this does not include bank accountsh however)... IF there is a judgement you need to be prepared for that as well.

Also if you ever recieve anything regarding arbitration. its way too late to validate at that point.. you should always validate when you recieve the first dunning letter within the first 30 days. PM me again if you need me.. Z.