Arbitration but account not on credit report?

[lizandjerry]

Just got an arbitration filed against me, but the account is no longer on any of my credit reports (and in January of 06 there was a note on my Transunion credit report that says the item will be removed 09/08.) Unfortunately, I don't think the SOL is up, but I can't be sure because I'm in OH & the SOL is 6 years, and in 2005 my Equifax credit report shows last payment 2/2003. So I add 6 months to the last payment date (per the info in the links on the main page) which would make the fall off date 8/2009. Maybe someone can help & give me some advice. I've searched the boards for "arbitration" but most of the stuff I don't understand, so I have questions about that as well (Please see that info below the history-it would be appreciated)

First my history:

Citibank-Radioshack

7/26/03 - Disputed late charges w/Transunion (I was dumb & never followed up w/it)

12/17/03 - Received letter from Sylvia Lock with "ERSolutions INC" (877-606-6900) offering 25% settlement.

3/22/05 - Equifax credit report shows: Citibank-Attn Sue Walker-Charge off. Date opened 8/2000. Date reported 6/04. Date of last payment 2/03.

1/23/06 - Experian credit report shows: $1147 written off. Charge off as of: 6/04,04/04,03/04,02/04,01/04,12/03,11/03,10/03. Date opened 8/2000. Date of status 10/2003. Last reported 6/2004

01/23/06 - Transunion credit report shows: Charged off as bad debt. Date opened 8/2000. Closed @ consumers request 10/2001. Date updated 2/2004. Estimated date that this item will be removed 9/2008

2/8/06 - Experian credit report shows: Charged off. $1147 written off. Charged off as of 6/04,05/04,04/04,03/04,02/04,01/04,12/03,11/03,10/03. Date of status 10/2003. Reported since 8/2000. Last reported date 6/04

9/3/06 - Equifax credit report shows "Citigroup ATTN: Sue Walker". Status=charge off. Opened 8/2000. Date reported 6/2004. Date last payment 2/2003. Charge off amount: $1147.

___________________________________________________________________________

Questions:

1) What is the true date that this should fall off my records?

2) In one of the posts it said to "Challenge their Juristiction". How do I do this & where do I find out if they're in my jurisdiction.

3) Another post said to send the arbitrator a letter listing all federal, state, common law, and Federal rules of evidence on the "OBEY" list. What is the "OBEY" list & how does it help me?

4) What would the Federal Rules of Evidence do for me? A post mentioned this.

5) This was in a post. Can someone explain this in plain english to me bcuz I really dont get it:

NAF rules say Federal Rules of Evidence do not have to be obeyed, if you can get him to obey FRE, that defeats most of the advantage Claimant enjoys in arbitration

6) How do I do this & will it help (was in another post I found):

File the motion to certify which laws arbitrator will and will not follow

7) There was a sticky (Refusal of Arbitration). It had a letter to send. First, does this even apply to me since I have already got the letter & signed for it (I honestly didn't know what it was - no one has called me about this debt in forever & I've only gotten 1 letter from them in years & that letter was about a month ago threatening the arbitration)? Also, a lot of the replies say that it's a bad idea. Is it? Should I just stay away from that letter.

8) If the arbitration goes against me (and from what I've read it probably will) will they be able to garnish a whole bunch out of my wages at once, or is there a limit. If its too much, can I file bankruptcy even though I lost?

9) All in all, what should I do? Please assist if possible. I really appreciate it.

THANKS!

[Debt Guy]

OK. You are taking bits and pieces of a bunch of different posts on all sorts of subjects and trying to pull them all together. No wonder you head swims. Mine does just reading your questions.

First, do not confuse reporting on your credit report with the statute of limitations for your state. Two very different things.

FCRA establishes the maximum period a negative item may remain on your credit report at 7 years plus six month.

But, just because the account is no longer on your credit report does not necessarily mean anything. Credit reporting is optional. But, anything that is reported must be accurate.

Your state SOL is different. SOL in OH is 15 years. I'm not sure where you got the idea of 6 years -- if off this site ... well, it is infamously wrong.

I am no expert in defending yourself in arbitration. There is a sticky here somewhere but I have no sense of whether it is good advice or helpful.

My advice would be for you to go to www.debtorboards.com and look up flyingifr.

Debtorboards is for those of a very litigious mindset. Flying if very bright and very knowledgeable. He is also very aggressive and it is hard sometimes to adapt his "take no prisoners" mentality to a lower-key practical strategy. His assumption is that everyone approaches dealing with their creditors as if it were a exchange of nuclear warheads. Read and ask questions and see if you think there is help there for you. I am not sure how well they "hold hands with rookies" -- most of these forums, including this one, do not. You get a lot of "drive-by" advice and then the expectation is that you will do the heavy lifting yourself.

People defend themselves in court all the time. It is darn hard. It requires a lot of motivation, effort and talent. Only you can judge how you think you will measure up. If you think it is over your head, then I would encourage you to reach some settlement with the creditor before it moves to a judgment.

Your question #8 -- you can file bankruptcy anytime provided you qualify. Wage garnishment is subject to state law. OH allows a judgment creditor to garnish 25% of your aftertax pay.

Hope this helps. Maybe someone else will have some thoughts.

[lizandjerry]

Thanks debt guy. I've went over to that site and have begun investigating. I appreciate your help and response.

[organizedgirl]

I would not listen to debt guy, he sounds like a debt collector.

[lizandjerry]

I would not listen to debt guy, he sounds like a debt collector.

Uh Oh Really? That's scary. I don't want to take advice from the wrong person. Any advice from the above question or should I be referred somewhere else. He seemed to give me a valid website that was kinda similar to this one that had some good info and he has 777 posts. Thanks for the advice organizegirl

[merrybucks]

Debt Guy is not a collector. The advice concerning debtorboards is right. Flyingifr is very aggressive and he has some great information on his site.

[lizandjerry]

Debt Guy is not a collector. The advice concerning debtorboards is right. Flyingifr is very aggressive and he has some great information on his site.

Cool

[LadynRed]

I'm in OH & the SOL is 6 years

Nope, SOL is FIFTEEN (15) years !! The OH courts do NOT agree with the supposed 6 year SOL and they always side with the 15 years for a written contract.

[smurfette in nyc]

Debt Guy is not a collector. The advice concerning debtorboards is right. Flyingifr is very aggressive and he has some great information on his site.

I agree wholeheartedly!

If you have the time, courage, and ability to learn and absorb as much as is humanly possible about consumer law, following Flyingifr's methods will most likely get your credit repaired, while you possibly pocket some money from the violations those bottom feeder JDB's and CA's almost always commit!