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Notice of Motion to Confirm Arbitration Award???


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Were you actually ever served with the Arbitration?

Did you fight it?

You said "It's a confirmed debt..."

What exactly did you mean by that?

Normally, a debt collector contacts you, you DV, and go from there.....in order for this to be an actual arbitration award, they have to go through a lot of procedures prior to the arbitration award, and you have to have full input into the complaint....

So, what happened? Was there a judgement? Was it a default judgement? Did you DV them? Did they file then with the NAF? Did you go through the 'refusal of arbitration' procedure?

It's important that you tell us some background so we may correctly give you some advice....thanks....

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They filed with the NAF. Apparently, a certified letter was sent in which someone from my address signed for but I never received it. So I never challenged it. I basically defaulted on a credit card that I was unable to make payments on. On the arbitration award it states that Applied is moving the court to enter an Order confirming said award and entering judgement on 1569.22. I didn't go through a "refusal of arbitration award" b/c I didn't know anything about it honestly.

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Sometimes, plaintiffs serve an old address, and the person there, unaware of what they are getting, signs for the item. This is referred to as "sewer service", and this may have happened to you, unfortunately.

You may well have an issue with the defective service because you were not able to participate in the so-called "arbitration".

You could locate an attorney with NACA at:

http://www.naca.net/

They specialize in consumer issues, like arbitration, and many would probably at least discuss your case initially for free.

You could fight it yourself, pro se. People do this and win. But, it takes a lot of research on sites like this.

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If you are unsure, seek the advice of a NACA attorney.....

and make sure you comply with any court deadlines....

If it were ME, I'd get the NACA atty to vacate the judgement and arb if you were not properly served. But that's just me.

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so should I submit this form in response to my County's Courthouse? "whychat.5u.com/arbltr.html"

The REFUSAL OF ARBITRATION Form would be used during the arbitration process, so that form is no good now since the award has been granted.

The Motion To Deny Arbitration Award Form looks like an all encompassing template just to provide general guidelines.

My understanding is the Federal Arbitration Act requires a motion to vacate should be filled within 90 days of the arbitration award date. Many states either adopt it or have their own version based on it. So, you may be beyond a motion to vacate; check your state's laws.

You probably need some type of Motion in Opposition to Confirmation of Arbitration Award. It is hard to say exactly without knowing NC Law, which I do not. I think NC may have some decent consumer protection laws.

I would search this site as well as the web with Google. I would look for resources and cases on arbitration in NC. Search and read until your eyes bleed, as some people say.

Arbitration Justice might have some relevant info:

http://www.arbitrationjustice.com/Forum/index.php?PHPSESSID=736e5d48b6bd1b51981580c40de81813;www

Correctly responding on your own and making good arguments takes a fair amount of research and time. It is not easy especially if you have a demanding job / life. Plus, confirmations are often just hearings where the judge looks for certain elements defined in state and case law. The process can be short and sweet, not like a trial where you file an answer and have 45 days to amend, discover, etc. So, like astiman said, a NACA attorney might be wise.

Notice:

I am not an attorney. I am only sharing my notes and references as part of a conversation. This research and notes are for reference on Texas consumer debt issues, not guidance on responding to legal proceedings. If you are going before a court, get the counsel of an attorney.

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