Successfully vacation of NAF Arb awards?

[digging_out]

Hi Everyone,

I am wondering if anyone has successful vacated a NAF arb award in court?

If so, would you care to share your stories please.

Asset has just filed to confirm an NAF arb award in court against me. I am going to try and motion to vacate but I understand from all my research my chances are slim.

Any advice, experiences or suggestions anyone may have would be greatly appreciated.

Another huge factor against me before I even begin is that I am in Ohio.

Thanks

[nobk4me]

When was the arbitration award issued? Under Ohio law, a prevailing party can file to confirm an arb award within 12 months, but the losing party in the arb only has 3 months to object.

But, the unusual aspects of NAF may raise extenuating circumstances. Cite the MN AG's findings on the NAF debacle.

[KentWA]

Use the Minnisota AG's case againest NAF and counter with Criminal Fraud and Conspiricy. This is a continuation of the arbitration process which NAF is barred from doing until threat of crimminal charges. Remember that a conspiricy does not require one party to know what the other is doing. Report this to the MN AG.

[vballchick]

KentWa is right. NAF is not supposed to be doing consumer arb.

[digging_out]

So I guess I am going to try and battle this pro se. Yes I know all of you who say contact a lawyer. Let me tell ya the last time I contacted a lawyer thru naca.net; I had a CC bill of about 3K. The attorney started helping me saying I could fight the collection agency blah blah. I paid the attorney $1K to start working on the case. She then went on maternity leave and I heard from no one at the firm even though I kept calling as my court day was coming up. The day before the court case, another attorney from the firm called me said he would meet me at court. He got to court knew absolutely nothing about my case and went in and negotiated a settlement of $2K! It was worthless. Then after the case, the attorneys office billed me an additional $1500 because the 2nd attorney had to come to court to 'plead my case'!!

My second court case was against Asset, I fought pro se, went to court and won.

I have contacted 3 attorneys about my NAF award case. 2 say they cant help/are not interested. One hasnt responded at all.

Now back to my case. JDB now has filed an application for confirmation of arb. NAF awarded in November 2009 for old mbna acct. Have not yet received complaint. It is in my maiden name. Would it grant me any time if we refuse the certified mail saying no one here by this name?

I am still going to try and file motion to vacate based on NAF circumstances even though it is after the 90 day allowance for that. Should I file the motion to vacate immediately? Will the court just have a trial date without informing me and then award it? How will this work?

Anyone any good advice or strategies would so be appreciated I cannot tell you. Thanks Again

[nobk4me]

I don't think refusing the certified mail is going to do you any good. Accept the mailing and file a motion to vacate.

I'm not real sure about the process for confirming arb awards. It's rather unusual under Ohio arb law, ORC 2711. Not the typical legal proceeding most folks here are familiar with.

http://codes.ohio.gov/orc/2711

What court are they filing in? Under Ohio law, they must file in a court of common pleas, not a muni court, regardless of dollar amount of the award. So if they filed in a muni court you can move to vacate for lack of jurisdiction.

Definitely raise the illegality issue, both with the MN AG and with Ohio's AG. Criminal fraud and conspiracy, perhaps the RICO statute could come into play here. Maybe FDCPA violations as well?

Issuing the award in November 2009? That is well after the prohibition on credit card arb cases for NAF.

I have had help from lawyers in Ohio at this website:

www.fairdebtforconsumers.com

They will evaluate your case at no cost to you, and may take the case on a contingency basis.

[Massive]

So I guess I am going to try and battle this pro se. Yes I know all of you who say contact a lawyer. Let me tell ya the last time I contacted a lawyer thru naca.net; I had a CC bill of about 3K. The attorney started helping me saying I could fight the collection agency blah blah. I paid the attorney $1K to start working on the case. She then went on maternity leave and I heard from no one at the firm even though I kept calling as my court day was coming up. The day before the court case, another attorney from the firm called me said he would meet me at court. He got to court knew absolutely nothing about my case and went in and negotiated a settlement of $2K! It was worthless. Then after the case, the attorneys office billed me an additional $1500 because the 2nd attorney had to come to court to 'plead my case'!!

My second court case was against Asset, I fought pro se, went to court and won.

I have contacted 3 attorneys about my NAF award case. 2 say they cant help/are not interested. One hasnt responded at all.

Now back to my case. JDB now has filed an application for confirmation of arb. NAF awarded in November 2009 for old mbna acct. Have not yet received complaint. It is in my maiden name. Would it grant me any time if we refuse the certified mail saying no one here by this name?

I am still going to try and file motion to vacate based on NAF circumstances even though it is after the 90 day allowance for that. Should I file the motion to vacate immediately? Will the court just have a trial date without informing me and then award it? How will this work?

Anyone any good advice or strategies would so be appreciated I cannot tell you. Thanks Again

Massive is back from vacation, check PM.

[digging_out]

They did file in Court of Common please and not municipal court.

I am going to file and use Massive's suggestions/advice.

I will keep everyone posted.

Thanks!! Any other advice is still certainly welcome and MOST appreciated.

[digging_out]

Hi Everyone,

Just to update, I did file motion to vacate and used the MN AG complaint and consent decree, etc. I also used Massive's advice.

I just found an old post on here written up to try and fight an NAF arb award in Texas that had some good points in it. I have attached the sample of the summary here.

I am wondering if you experts can tell me if I can reference any Ohio LAW and use this as well. The parts are identical in that the NAF award attached says entered and affirmed in the state of Ohio by the arbitrator etc. How about the hearsay as award states the parties arb agreement is valid and enforceable when there is none.

Anything else I can use to attack the award confirm submitted I would like to try. I have been search the Ohio codes for applicable rules as listed in the Texas example but am having a hard time.

Thanks for all your help especially those of you who have PM'd me.

I am grateful

Summary to Court.txt

[nobk4me]

Have you tried to find Ohio case law? Try googling 'confirming arbitration awards Ohio', where I got a number of hits. I haven't read thru them all yet, but I would suggest that you start there.

[digging_out]

Things are not looking good. So I filed my motion to vacate arb award and used the NAF debacle and the fact Asset has proved the assignment of arb was given to them from original creditor. I also sent them the admissions you suggested.

I just received from them a brief to deny my opposition to confirm the arb award. They are saying I filed it untimely and that the NAF started arb process before the MN AG consent of them ceasing taking NAF cases. They did initiate arb before that but the award came after that date.

As far as the admissions (which were great and suggested from Massive) they are refusing to answer filing a motion for protective order and to stay discovery. Saying I never requested these admissions back when the case was with NAF and me asking for that now is trying to relitigate a case that has already been awarded thru NAF arb.

HELP. I think Im dead in the water. Any ideas I would really be grateful.

Thanks Much

[Massive]

Review the PM but also, have they ever proven with authenticated evidence that they even own the alleged debt? No wonder they motioned for protective order, an authenticated agreement to arbitrate doesn't even exist does it?? I think you can beat this fraudulent award. The NAF fraud goes way back, way, way back. Review what the Kansas Supreme Court help in MBNA v Credit and you should prevail even in Ohio.

[pulpfiction]

Wow...SO glad my NAF nightmare is almost over.

To make a long story short, I got a NACA attorney to help me with the process. This goes back to 2006. After a long drawn out fight, NAF got their scam award. Local CA attorney tried to confirm...but totally violated the TCPA along the way. My attorney and I used this as leverage to force an EXCELLENT settlement out of them (half the debt, paid off over the span of almost two years).

Before NAF was thrown out of the debt collection business, those things were impossible to fight. It looks like you were among the last batch of consumers they were able to screw.

How much is the award? If it's a significant amount, you need an attorney to fight this.

I'm assuming its a JDB account..since it's Asset. Surely they've committed some violations. Get a lawyer to use this as leverage for a good settlement (perhaps 10-20%). I'd start by looking at www.naca.net

Hi Everyone,

Just to update, I did file motion to vacate and used the MN AG complaint and consent decree, etc. I also used Massive's advice.

I just found an old post on here written up to try and fight an NAF arb award in Texas that had some good points in it. I have attached the sample of the summary here.

I am wondering if you experts can tell me if I can reference any Ohio LAW and use this as well. The parts are identical in that the NAF award attached says entered and affirmed in the state of Ohio by the arbitrator etc. How about the hearsay as award states the parties arb agreement is valid and enforceable when there is none.

Anything else I can use to attack the award confirm submitted I would like to try. I have been search the Ohio codes for applicable rules as listed in the Texas example but am having a hard time.

Thanks for all your help especially those of you who have PM'd me.

I am grateful

[digging_out]

Well the judge ruled today against my motion to vacate the arb award.

Looks like I even may have ticked him off. Says my 'motion is not well taken.'

Judge granted protective stay and discovery to JDB.

Because it was after the 90 days. I used the NAF debacle and that I did not have knowledge of the MG ATT GN claim and then the NAF consent judgment.

How can they allow the NAF to award in Nov 2009 after the July judgement. This is so unfair. They never proved anything or have any valid evidence.

What will happen next? The award will just be confirmed I am sure then what?

[digging_out]

Forgot to add judge added this court does not have jurisdiction

[nobk4me]

Forgot to add judge added this court does not have jurisdiction

Could you explain this?

[Massive]

Forgot to add judge added this court does not have jurisdiction

The Junk Debt Buyer hasn't proven they even own the account have they??

File a motion to vacate judgment due to there being absolutely no authenticated evidence on the record.

[digging_out]

Okay Ive tried to attach the denial again from the court. Think its working this time.

Judge saying because I did not file motion within 90 days the court does not have jurisdiction.

No JDB hasnt produced proof of anything just a bunch of self manufactured docs.

Should I file another motion to vacate based on no arb agreement, no proof of ownership etc. Looks like this judge is just going to do the same thing with another motion to vacate because it wasnt filed within the 90 days.

I am really nervous about this. I cannot afford to pay it and they are going to add on years of interest.

Denied.txt

[nobk4me]

Unfortunately, the judge is right, since you did not file your objections within the 3 month period provided under Ohio law.

But, I have seen case law that the judge must still hold a hearing for confirming an arb award, and, there is the option to deny (not vacate) the confirmation of the award.

See, CACV v Hillman, http://www.supremecourt.ohio.gov/rod/docs/pdf/3/2009/2009-ohio-6235.pdf

Which also provides some other arguments you can use, such as, is the JDB licensed to do business in Ohio. If not, they can't use the courts.

Edited August 20, 2010 by nobk4me

[digging_out]

What should I file now then? A motion to deny the confirmation of the award? A request for a trial?

Do I wait now as I am just assuming the award will be confirmed and file motion to vacate judgement?

I am not giving up without still trying to fight. I just dont know what type of motion to file next seeing it looks like the judge may already be ticked off by ruling that my motion to vacate was not well taken.....

THANK YOU THANK YOU FOR ANY REPLIES I AM DESPERATE HERE

[nobk4me]

First, study the case, CACV v. Hillman, that I cited above.

From that case, it looks like you could file a motion to deny confirmation of the arb award and request a hearing. The reason for denying the confirmation would be the NAF fraud that is well-documented. The statute clearly contemplates a hearing on a motion to confirm an arb award in Ohio.

And, is this JDB a foreign corporation (meaning, it is not based in Ohio)? If so, challenge their right to use Ohio courts, if they have not registered in Ohio and paid their fees. Again, the CACV v. Hillman case explains this issue.

I'm not sure your motion would tick off the judge. You have the right to defend yourself. And if the judge really goes over the line, it may give you some grounds for appeal.

Even if the arb award is confirmed, you have the right to appeal the ruling. Trying to vacate the judgment won't work. But an appeal might.

[RebelLady]

Have you read your state's arbitration (usually called a Uniform Arbitration Act) act for what can be used to vacate an award? I know that where I'm from...fraud, or where the award was gotten through corruption (its been proven that NAF was absolutely corrupt and engaged in fraud); "there was no arbitration agreement and the issue was not adversely determined in proceedings under section 3 of this chapter and the party did not participate in the arbitration hearing without raising the objection; but the fact that the relief was such that it could not or would not be granted by a court of law or equity is not ground for vacating or refusing to confirm the award" - things like that are listed in my state's uniform arbitration act and most states use the same or similar wording.

Read your state's if it has one and see what the grounds are for vacating awards.

Also...can you find ANYWHERE (and I mean ANYWHERE) where the NAF was in violation of its own rules. For instance...did you receive EVERYTHING (usps letters, emails, etc) that all parties sent or received? Did they provide you with the resume of the arbitrator (they were supposed to)? If they didn't...they were in breach of agreement. Check to see if your cc agreement doesn't say something like, "The arbitration shall be conducted by _____________ using the Code (Rules) of Procedure in effect at the time the claim is filed" or something to that effect. If NAF didn't follow EVERYONE of their rules...they were in breach of agreement!!

RL

[RebelLady]

This is from the Ohio Revised Statutes:

2711.10 Court may vacate award.

In any of the following cases, the court of common pleas shall make an order vacating the award upon the application of any party to the arbitration if:

(A) The award was procured by corruption, fraud, or undue means.

( There was evidence partiality or corruption on the part of the arbitrators, or any of them.

© The arbitrators were guilty of misconduct in refusing to postpone the hearing, upon sufficient cause shown, or in refusing to hear evidence pertinent and material to the controversy; or of any other misbehavior by which the rights of any party have been prejudiced.

(D) The arbitrators exceeded their powers, or so imperfectly executed them that a mutual, final, and definite award upon the subject matter submitted was not made.

If an award is vacated and the time within which the agreement required the award to be made has not expired, the court may direct a rehearing by the arbitrators.

Effective Date: 03-18-1969

http://codes.ohio.gov/orc/2711

Edited August 20, 2010 by RebelLady

[nobk4me]

The problem is, under ORC 2711.13, a motion to vacate an arb award has to be filed within 3 months after the arb award was issued. The OP, unfortunately, missed that deadline.

[Massive]

Have you read your state's arbitration (usually called a Uniform Arbitration Act) act for what can be used to vacate an award? I know that where I'm from...fraud, or where the award was gotten through corruption (its been proven that NAF was absolutely corrupt and engaged in fraud); "there was no arbitration agreement and the issue was not adversely determined in proceedings under section 3 of this chapter and the party did not participate in the arbitration hearing without raising the objection; but the fact that the relief was such that it could not or would not be granted by a court of law or equity is not ground for vacating or refusing to confirm the award" - things like that are listed in my state's uniform arbitration act and most states use the same or similar wording.

Read your state's if it has one and see what the grounds are for vacating awards.

Also...can you find ANYWHERE (and I mean ANYWHERE) where the NAF was in violation of its own rules. For instance...did you receive EVERYTHING (usps letters, emails, etc) that all parties sent or received? Did they provide you with the resume of the arbitrator (they were supposed to)? If they didn't...they were in breach of agreement. Check to see if your cc agreement doesn't say something like, "The arbitration shall be conducted by _____________ using the Code (Rules) of Procedure in effect at the time the claim is filed" or something to that effect. If NAF didn't follow EVERYONE of their rules...they were in breach of agreement!!

RL

Now the NAF did not admit to FRAUD, they just packed their bags and took their ball home within one week of the Minnesota AG's lawsuit. Now you and I know they defrauded consumers for years, but I've heard of some judges telling consumers that the NAF did not admit to fraud. These judges are idiots. ALL arbitration awards from at least the last ten years should have been instantly vacated across the country and no consumer should be going through what digging out and others have gone through.

Edited August 21, 2010 by Massive