Donnie Posted October 23, 2008 Report Share Posted October 23, 2008 I received a summons from a CA by registered mail on October 3rd, 2008 suing me for a credit card debt of 8,000 with Advanta Bank. I disputed the amount and filed for Arbitration with a different Arbitration forum than what they use because their forum is biased for them. This was filed in 2003. I was issued an award and Advanta said that they do not use that Arbitration company and that we could only use the one that is listed with them. NAF. I chose not to do anything about it. They didn't bring it to arbitration either. They sold the account to another collection firm in 2005. I gave them a debt validation request and a cease and desist demand unless they could validate the debt. They stopped all collection attempts and did not send me any validation of debt. I thought that this was the end until I got the summons from this other CA who claims that they are collecting on behalf of the one that bought the account in 2005.I sent them a debt validation request and a history about my dispute and my arbitration award that I got back in 2003. They sent me some copies of some credit card statements from 2003 that I had with Advanta but didn't reply about my arbitration award. They do not have an arbitration award.My question is: Are they allowed to legally bring this law suit against me without having an Arbitration Award to inforce? It is my understanding that all credit card agreements contain a provision that both sides waive their right to litigate their disputes in court and must go to arbitration. I have not answered the Summons yet. Can this be thrown out because they do not have an Arbitration Award or are they allowed to bring this suit against me without going to arbitration first? Also, I think that my arbitration award is useless because I did not use their forum and I think that you only have one year to get it enforced from the time you received it or it expires. Is this true?Any answers would be appreciated.Thanks,Donnie Link to comment Share on other sites More sharing options...
NYMatt Posted October 23, 2008 Report Share Posted October 23, 2008 Here in NY you are given 90 days to try and vacate an award and a year to confirm it. Link to comment Share on other sites More sharing options...
Donnie Posted October 24, 2008 Author Report Share Posted October 24, 2008 Does anyone know if a Debt collector can sue you in court for an alleged credit card debt even if they don't have an Arbitration Award? It is my understanding that all credit card agreements contain a provision that states that both parties wave their right to litigate their disputes in court and agree to Arbitration. If consumers are not allowed to sue the credit card company or bring them to court for disputes, wouldn't the same rules apply to the credit card company or debt collectors?A couple of weeks ago a Collection Attorney served me with a Summons and Complaint but they do not have an arbitration award. Can they legally do this without an Arbitration Award?If not, how do I answer the Summons and Complaint and stop theim?Donnie Link to comment Share on other sites More sharing options...
nascar Posted October 24, 2008 Report Share Posted October 24, 2008 That depends on your agreement. There are lots of different versions floating around out there. Link to comment Share on other sites More sharing options...
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