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What if I refuse to sign for the arbitration notice?


bubbaboo
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I am pretty sure that an arbitration notice is headed to me soon. The CA/law firm usually sends it FedEx or USPS and requires a signature on delivery. I have been advised to refuse to sign for it. That will not be a problem because I am not home during the day and I can just ignore the notice that they put on my door to come in and sign for it.

It will be NAF arbitration. What happens if I never pick up the package? Can they still go forward? Anyone have any experience?

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I have no personal experience with this but I would suggest that your acceptance of the notice won't make any real difference at all.

It's likely that all they have to show is that they made a reasonable attempt to notify you and will then be able to move forward whether you accepted the notice or not.

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Read CarolinaBlueEyes posts on the NAF and RecoveringAttorney's.

I'm pretty sure that by signing for it, you accepting the arbitration...and they can'r proceed (according to their own rules) until you're notified. Accepting the notification, and then refusing doesn't work because its the NAF that decides whether to proceed.

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They will just claim they served you, when they didn't.

Immediately file;

1.) AN OBJECTION TO ARBITRATION

2.) Motion to dimiss for failure to state a claim

3.) Answer and counter claim

4.) Demand for production of documents

5.) Admit and deny interrogatories for Claimant

See "master of refusal" arbitration sticky to start.

[B]ALWAYS, ALWAYS DEMAND AN IN-PERSON HEARING IN YOUR FEDERAL JUDICIAL DISTRICT IN YOUR HOMETOWN COMMUNITY ROOM for every motion and hearing!!!!

ALWAYS DEMAND A JURY TRIAL WITH NAF UNDER YOUR STATE LAW FOR ANY CIVIL DISPUTE!

Get NAF to admit denying your due process right to a jury without a valid waiver of such right (need your signature to do it, make them produce it.)! (Will make a good appeal later for denial of your due process on their attempt to confirm any award.)

In person hearings, especially in your hometown, are costly and they (law firm and NAF) want to avoid.

I was served NAF summons 8 months ago, I filed all this. We are not even close to selecting an arbitrator and I got NAF to deny me a jury in writing and I wrote back that the right to a jury is "inviolate" under the WI constitution and please produce my signature where I agreed to waive that right.

Haven't heard ANYTHING in over 30 days. (takes a while for that ex parte communication with Claimant on finding the alleged contract!)

At this pace, it will take them years to get their biased award against me, but I'm "teeing it up" for an appeal and challenge of the confirmation of the award (or domestication of award) in my local court.

Just my 2 cents. Fight until it makes them hurt! Maybe they will give up at some point.

But I like the challenge. The more they squirm, the better I like it!

I am not a lawyer, but just enjoy making it difficult for bottom feeder lawyers!

Non response and igonring it is the worst repsonse!!!

REPEAT: Ignoring it is the worst possible response.

Ignoring it is beyond foolish!

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If you try to avoid it, they will just go ahead, and 6-8 months form now you will be facing a confirmation hearing, which is a tougher way to go.

DO ask for an in-person hearing. And remember to check teh so-called agreement with the arbitration clause. Man of the NAF clauses say the creditor will pay your filing expenses, or that there is a cap on the expenses, which is a pinch on both the creditor and NAF.

Go to teh NAF website and familiarize yourself with their kangaroo court procedure rules. They can be your friend.

My best advice would be to retain a NACA lawyer.

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UPS delivered my NAF arbitration notice. Never signed for it cause UPS man took right off, yet CACV produced a bad forgery of my signature for UPS receipt.

It all came out OK in court, but this gives you an idea of who and what you’re dealing with.

Be smart about the whole thing, you’ll be OK. These characters will corrupt the process somewhere.

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This worked for me with CACV.. they tried to send it UPS, Fed ex and USPS, I got my advice from Bud hibbs whotold me DO NOT SIGN.. they did finally hit me with a process server which required NO signature but that was a year later and by that time they were out of the SOL.. so YES avoid it.. it can't hurt

UPS , FED EX, etc are NOT officers of the court so you do not have to sign.. do a search on my Posts on this under NAF and arbitration , I dealt with them for over two years.. basically they have to have PROOF of Service to proceed so if you dont' sign it delays it.. and who knows by the time they get Gomer to the door you could easily by out of the SOL like I was.

Recovering is right , ALWAYS request and in person hearing so you are NOT rubber stamped and get a NACA lawyer, mine saved my life.. I would be a goner without them. CACV are corrupt and crooked and have been known for faking documents.. so a lawyer is invaluable and do this BEFORE it gets to the point of confirmation because once it does your chances of overturning this mess is nearly impossible,

Oh and FYI the refusal of arbitration letter.. is about as valuable as bird cage liner..

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I just wanted to clarify,

The Rule 13 A 2 objection of arbitration is a formal motion with several points of law and not a letter.

I would agree that just sending a letter to fulfill my #1 suggestion of action is about as good as a birdcage liner.

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The Rule 13 A 2 objection of arbitration is a formal motion with several points of law and not a letter.

I'm not sure if what you're referring to is a LAW in your state or part of the arbitration agreement. If its the former, then its too early to file such a motion because it ain't in court yet...if its the latter, then the NAF gets to rule on it, and guess how they'll reply....
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Thanks for all the comments. Just to clarify, my original post was talking about the same thing that Carolinablueyes said. I know this law firm/collection agency will send it by Fedex or something similar. Their policy is to require a signature before the delivery person is allowed to leave the package. So, if I do not sign for it, they will not leave it. I was not talking about the form I need to file to refuse arbitration once I get served. After reading some of the responses, I thought I may not have been clear enough in my original post.

The advice I got to refuse the package also came from Bud Hibbs. It looks like I have a lot of reading to do.

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Is part of NAF kangaroo court code to object to the arbitration.

You file this with the kangaroo court NAF, and it is NEVER to early to file such a motion with the NAF.

This is not a motion for an actual legal court.

All the 5 steps in my previous email is meant to be filed with the NAF to PREVENT, or at least delay for a good long time, a kangaroo arbitration award.

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Is part of NAF kangaroo court code to object to the arbitration.

You file this with the kangaroo court NAF, and it is NEVER to early to file such a motion with the NAF.

This is not a motion for an actual legal court.

All the 5 steps in my previous email is meant to be filed with the NAF to PREVENT, or at least delay for a good long time, a kangaroo arbitration award.

this is a HUGE MISTAKE.. if you file this motion (which is cage liner) they will denote that as proof of service.. any communication with you they will assume that... DO NOT DO anything until those documents are signed for in your hands.... the SECOND you file a motion they assume you have been served and know about it.. they are slimy as the day is long.. DO NOT contact them or deal with them until a process server throws this at you...

My lawyer had to indicate in a document when requesting documents from NAF this did NOT indicate proof of service from the client.. and even that got tricky and they tried to use it against us .. DO NOT FILE, WRITE, SEND SMOKE SIGNALS, CALL THEM, SEND A CHRISTMAS CARD, OR MESSAGE BY CARRIER PIGEON TO THEM BEFORE YOU ARE ACTUALLY SERVED!!!!

And ask Recovering if you don't believe me... that "refusal of arbitratrion means nothing. How long before your SOL is up on this case??

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this is a HUGE MISTAKE.. if you file this motion (which is cage liner) they will denote that as proof of service.. any communication with you they will assume that... DO NOT DO anything until those documents are signed for in your hands.... the SECOND you file a motion they assume you have been served and know about it.. they are slimy as the day is long.. DO NOT contact them or deal with them until a process server throws this at you...

My lawyer had to indicate in a document when requesting documents from NAF this did NOT indicate proof of service from the client.. and even that got tricky and they tried to use it against us .. DO NOT FILE, WRITE, SEND SMOKE SIGNALS, CALL THEM, SEND A CHRISTMAS CARD, OR MESSAGE BY CARRIER PIGEON TO THEM BEFORE YOU ARE ACTUALLY SERVED!!!!

And ask Recovering if you don't believe me... that "refusal of arbitratrion means nothing. How long before your SOL is up on this case??

Humm...I'm not sure your message was clear. :)

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