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Asset Acceptance and NAF

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Anyone have any experience with Asset Acceptance filing an arb claim with NAF? They claim they bought an old MBNA acct for CACH/Collect America and have filed against me. Now we all know that CACH/Collect America is NAF happy and files thousands of claims with them.

If this was legitimate claim or CACH had a chance, dont you think they would filed with NAF before selling this alleged debt off?

Also Ive been reading on here, that these MBNA claims they try to use Delaware law in the claim. They are stating something to that affect in their BS NAF claim against me. Does this mean the Delaware SOL would apply then?

I am working on my response to the claim and am going to request a participatory hearing and would appreciate any advice from others who have done the same. I cannot afford an attorney.

Thanks for any help...its greatly appreciated.

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It matters little who the filer is. NAF is NAF whoever filed. I think the best course is to stop this before it goes any further if you can.

File in your local court for a stay, citing that you have no agreement to arbitrate with Asset, and if you have proof it is past the SOL cite that too. Have your proof ready.

If you are successful in getting a stay hearing, they should have to prove chain of title at that point and also that any arbitration agreement has survived the sale, giving them the right to force arbitration and not the OC.

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Your "response" to them would be that you are seeking a stay in your local court, and you would include copies of the filing for the stay against Asset.

Their rule #48 C. "The Forum shall stay a case if a court with competent jurisdiction has issued an order staying arbitration and may stay a case in appropriate circumstances."

Ask for an expedited hearing for temporary stay, and seek a permanent stay later.

You may have noticed that it says "has issued" it also says "may in...appropriate circumstances" I have no proof that NAF will issue it's own stay on the filing, however if your stay hearing is before their bogus award, it would still stop them. Even if they push past the stay to award anything. They (Asset) will have to confirm that award in the court you are seeking the stay in to collect anything.

You're after what amounts to a temporary restraining order against Asset. If you want to keep your avenues of defense open with NAF go ahead. The court may see your filing of an answer with NAF as an agreement to arbitrate, that I don't know for sure either, but they could.

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