elrose Posted January 4, 2008 Report Share Posted January 4, 2008 Im new, and desperate with fear.Im going to break this up into the finale:We signed the notice at the sheriffs office, picked up the papers.Surprise Arbitration Matter, Assessment of Damages Hearing Required.From Harvest Credit Management in Denver, Co. prepared by Weinberg, Esq.,in Conshohocken, Pa. It is stamped by sheriffs office and has a docket no.This is the last credit card my husband/we owe, settled w others. Harvest Credit Mgmt., heartless! A woman in their office agreed to $5000 verbal settlement and then a man called back with $8000. I asked them "how much did they pay for it?"When they saw that we owned a house I actually heard them in the background yell "there's real estate there"It was my husbands card, he is chronically ill, on SSI, I wrote them it was not mine, but I had Power of Attorney, papers came in my name also. States on credit report as Individual account. The amount is now $21000 about double.What do I do next to keep them at bay as much as possible And alsoto resolve. Currently we do not have any money now, but hope to sell thishome as soon as market conditions permit. Would like to refinance due tosub prime original status and higher interest rate on mortgage.Perhaps something is possible.Thank you... Link to comment Share on other sites More sharing options...
trueq Posted January 4, 2008 Report Share Posted January 4, 2008 There are ways to fight arbitration, but I've only had, as a consumer, experience with the NAF.I've been involved in arbitration with other firms, but as plaintiff against large corporations in large and very complex cases. Link to comment Share on other sites More sharing options...
elrose Posted January 4, 2008 Author Report Share Posted January 4, 2008 The papers are from Gordon & Weinberg, PC Harvest Credit Mgmt, Denver, Co. vs..........usAt very top "This is an arbitration matter. Assessment of Damages Hearing Required." Court of Common Pleas, Monroe County w a written docket #. Notice You have been sued in court etc.2&3 pgs...Complaint in Civil Action4th pg states at top.........Verification says Weinberg, Esq. is attorney for plaintiff, etc.....says subject to penalties of 18 Pa.C.S.A., section 4904.....and signed by Weinberg, esq.Exhibit AStatement form from plaintiff Harvest Credit....Last Statement Details for Chase Manhattan...card acct# w Last Statement....N/A Interest Rate...24%Balance due.....15319.11 Last payment.....July 30, 2005Avail Bal........0 Open DateTransaction....Charge Off Next pg has Assignment and Bill of Sale from PRS Assets., LLC (seller) to Harvest Credit Mgmt....signature illegible.....no typed nameNext to last....Exhibit A....Bill of Sale for the Portfolio Purchase Agreement Titan Recovery Group, seller, and PRS Assest....This is signed by Fred Howard CEO, Titan Recovery Group, LLC.Lastly, Bill of Sale from Chase to Titan Recovery, sgnd by Brian Bonner, VP of Chase Manhattan BanklOnly the Harvest Credit Mngmt Page has any of our info on it....Chase Manhattan Bank, USA. 2/3/2005Looks quite official......... Link to comment Share on other sites More sharing options...
elrose Posted January 4, 2008 Author Report Share Posted January 4, 2008 I found some answers underCollectionsHelp for Replying to the Arbitration Notice, please Link to comment Share on other sites More sharing options...
LadynRed Posted January 4, 2008 Report Share Posted January 4, 2008 I wrote them it was not mine, but I had Power of AttorneyThis is the kind of info you NEVER give to a collection agency !To answer the arbitration notice you must do so in the proper format as set out in the arbitration forums rules, it's much like an answer to a lawsuit. Simply sending a refusal letter is not enough. If the house is not in your name, then including you seems bogus. You might want to contact this consumer attorney, he's in your neck of the woods:http://www.pennlawyer.com - he's a good guy. Link to comment Share on other sites More sharing options...
pulpfiction Posted January 4, 2008 Report Share Posted January 4, 2008 This doesn't seem like NAF arbitration. Some courts have mandatory arbitration for small collection matters and such. That's my guess, based on the papers you've received.As you own real property, you need to either fight this or settle. Apparently you're dealing with a JDB; and, as such, they are unlikely to have the docs necessary to validate the debt.Your best move would be to find an attorney in your state who can quite possibly make them go away completely by nailing them with discovery requests.Go here, and be prepared to spend a significant amount of time on the phone (and it will be well worth it, based on my experience): www.naca.net Link to comment Share on other sites More sharing options...
CarolinaBlueEyes Posted January 5, 2008 Report Share Posted January 5, 2008 Get yourself a lawyer NOW> GO TO NACA.NET.. trust me this more then likely will not go your way.. also check your homestead exemptions in PA. Link to comment Share on other sites More sharing options...
elrose Posted January 5, 2008 Author Report Share Posted January 5, 2008 This is the kind of info you NEVER give to a collection agency !To answer the arbitration notice you must do so in the proper format as set out in the arbitration forums rules, it's much like an answer to a lawsuit. Simply sending a refusal letter is not enough. If the house is not in your name, then including you seems bogus. You might want to contact this consumer attorney, he's in your neck of the woods:http://www.pennlawyer.com - he's a good guy.Thank you for your help.I replied to the Pa attorney on the phone that this was not my acct, but my husbands only, and also said that I had had Power of Attorney because of hisillness and pending surgery. (the hospital such in 2002)I wrote a letter in 06 stating that it was not mine, but my husbands only. The house and mortgage is in both names....Is our joint property in jeopardy? or only.. what? Link to comment Share on other sites More sharing options...
CarolinaBlueEyes Posted January 5, 2008 Report Share Posted January 5, 2008 Thank you for your help.I replied to the Pa attorney on the phone that this was not my acct, but my husbands only, and also said that I had had Power of Attorney because of hisillness and pending surgery. (the hospital such in 2002)I wrote a letter in 06 stating that it was not mine, but my husbands only. The house and mortgage is in both names....Is our joint property in jeopardy? or only.. what?Depends on your state.. if you are in a community property or equatible property state.. in an equatible property state you are fine.. if the debt is ONE person that can not touch the house in both names.. and honestly thats a long long road for them to even do that.. they have to get the arb order which has to be turned into a judgement and then you file exemptions and they have to try to get a lien.. so I woundn't stress too much on this part of it... I would be more worried about bank accounts , again however if the income comes from disability or SS that is safe as well.. and in PA there is no wage garnishment.MOST IMPORTANT.. STAY OFF THE PHONE WITH THESE PEOPLE.. everything needs to be in writing from here on out. Link to comment Share on other sites More sharing options...
elrose Posted January 5, 2008 Author Report Share Posted January 5, 2008 Depends on your state.. if you are in a community property or equatible property state.. in an equatible property state you are fine.. if the debt is ONE person that can not touch the house in both names.. and honestly thats a long long road for them to even do that.. they have to get the arb order which has to be turned into a judgement and then you file exemptions and they have to try to get a lien.. so I woundn't stress too much on this part of it... I would be more worried about bank accounts , again however if the income comes from disability or SS that is safe as well.. and in PA there is no wage garnishment.MOST IMPORTANT.. STAY OFF THE PHONE WITH THESE PEOPLE.. everything needs to be in writing from here on out.I will certainly check out more info the next few days and I will post the info here for followup. Dont know abt Pa community property yet.I did know at one point that when we were in business that my husbands liability did not extend to marital property. Link to comment Share on other sites More sharing options...
Magdalen77 Posted January 5, 2008 Report Share Posted January 5, 2008 Depends on your state.. if you are in a community property or equatible property state.. in an equatible property state you are fine.. if the debt is ONE person that can not touch the house in both names.. and honestly thats a long long road for them to even do that.. they have to get the arb order which has to be turned into a judgement and then you file exemptions and they have to try to get a lien.. so I woundn't stress too much on this part of it... I would be more worried about bank accounts , again however if the income comes from disability or SS that is safe as well.. and in PA there is no wage garnishment.MOST IMPORTANT.. STAY OFF THE PHONE WITH THESE PEOPLE.. everything needs to be in writing from here on out.PA is an equitable property state. Link to comment Share on other sites More sharing options...
Debt Guy Posted January 5, 2008 Report Share Posted January 5, 2008 My notes on PA indicate that a judgment creditor cannot attach real property.But, I would not rely on that. I do recall that PA has some special provisions that were a little unusual. Talk to a attorney who is versed in debt collection matters in PA. Link to comment Share on other sites More sharing options...
Magdalen77 Posted January 5, 2008 Report Share Posted January 5, 2008 My notes on PA indicate that a judgment creditor cannot attach real property.But, I would not rely on that. I do recall that PA has some special provisions that were a little unusual. Talk to a attorney who is versed in debt collection matters in PA.I work for the Commonwealth and we can attach real property for fines and fees. Link to comment Share on other sites More sharing options...
elrose Posted January 5, 2008 Author Report Share Posted January 5, 2008 I work for the Commonwealth and we can attach real property for fines and fees.What if as in this situation......the debt belongs to my husband who is on SSi,and I am not currently working, and we have little or no money....can they go after property in both names? I think first I have to prove that it is not my account which they have disputed.thankssecondly.......I literally heard them squeal on the phone in 06 when I attempted to settle this......."There's real estate there." Link to comment Share on other sites More sharing options...
elrose Posted January 5, 2008 Author Report Share Posted January 5, 2008 My notes on PA indicate that a judgment creditor cannot attach real property.But, I would not rely on that. I do recall that PA has some special provisions that were a little unusual. Talk to a attorney who is versed in debt collection matters in PA.I know people who have liens placed on their property for property owners association dues and the move to have a sheriffs sale, in Pa. Link to comment Share on other sites More sharing options...
CarolinaBlueEyes Posted January 5, 2008 Report Share Posted January 5, 2008 From what I have been told and I live in NC which is also equatible property state, that if the debt is in ONE persons name and the house (doesnt matter who is on the mortgage) deed is in both they can NOT attach the property.. my lawyers were very clear about that. Link to comment Share on other sites More sharing options...
Debt Guy Posted January 6, 2008 Report Share Posted January 6, 2008 ElroseYou are getting a lot of different inputs here. In think in truth none of us know the answer you need.I think it is important that you talk to a local attorney versed in collection matters.I know this is important to you. The cost of the attorney will be minor. You need real answers so you know how to handle this. Link to comment Share on other sites More sharing options...
2001Badyear Posted January 6, 2008 Report Share Posted January 6, 2008 I'm amazed at how big arbitration has become. With the trial lawyers association so powerful, and certainly this cuts into their pockets, you'd think they would be making moves to change the laws.Now these rat bastards force you into a ring with what is a rubber stamp arbitrator that will in most cases sign off with the companies.This is just another case of how our rights are being slowly taken away.I think the advice you have heard is correct, you need to talk to an attorney and or the NACA Link to comment Share on other sites More sharing options...
CarolinaBlueEyes Posted January 6, 2008 Report Share Posted January 6, 2008 I have said that from the start.. get a NACA lawyer.. I don't care how saavy you think you are... there is no way I would have turned out the way my case did without my NACA lawyers.. I would be in a very bad place... get a lawyer... get a lawyer, get a lawyer.. I can't stress this enough Link to comment Share on other sites More sharing options...
Recommended Posts