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Arbitration in 2 weeks... we're not ready for this.


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Is it odd that LVNV Funding didn't request anything during Discovery?

I was planning on requesting detailed statements and a signed contract but we have run out of time and Discovery was ordered to be done by 7/25. We came home from vacation in early July to our home having been broken into, completely ransacked and numerous items stolen... including our laptops.

We are pretty much back on track now and I would like nothing more than to kick LVNV Funding's BUTT!

Except, I have no idea what to do. I have a ton of questions so if anybody can help me out, I'd really appreciate it.

I have read a lot about arbitration, and I'm still in the same position as before... totally lost. I've called a few lawyers and while waiting for them to call me back, I've talked to a couple paralegals and they seem to scratch their heads at the fact that arbitration was happening without any other court hearings prior to this.

Like they usually file some other kind of suit first, one that doesn't go to arbitration.

I've yet to find out what can happen if we lose. I've heard so many conflicting stories... I don't know what to believe.

I'm in PA. Can they garnish wages, bank accounts, have a sheriff sale, or... ?

I was reading old posts on here and I saw someone say something about filing a Preliminary Objection because they didn't provide a contract when filing? So is there a form or something I can fill out to do this? I was reading the PA rules of civil court and it says this is to include a brief... what is that? A summary of what's going on? Ugh.

Sorry for being all over the place with this...

Edited by debton
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Hopefully some from your state will chime in, I reviewed your previous post and it appears your are going to participate in a state court arbitration, not private arbitration.

I would begin to review any web sites related to your courts jurisdiction and you should be able to find some general information about it. Also a trip to the court house might be in order and they could further help out on what to expect.

As far as discovery you missed the deadline, so you will have to see what they show up with and do your best....

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There are different kinds of arbitration. Based on a quick review of your previous posts from back around march, it seems you are involved in what maybe termed Alternative Dispute Resolution/Arbitration which in my state is run by the state judicial system or county court sytem you reside in.

I am not from PA so not sure about this-

Here is what you can do, go to the arbitration forum and begin reading and studying posts and threads. It discusses private arbitration related to the cardmember agreement or contract of the debt you are being sued for.

You need to spend some considerable time reading to get a minimum understanding of the strategy to see if it will work. Also check your rules of civil procedure regarding arbitration. You maybe able to still get to private arbitration if this is what makes sense for your circumstance.

You got some reading to do....

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I am from Pa. and I can tell you if you did not elect specific arb wit AAA or JAMS per your specific CC it is Pa's. mandatory Aribitration.

If you need a contract showing this there is a link somewhere here to older contracts and as you likely have defaulted before this year you should be coverede.

I have not been through the process, God forbid, however I have been trying to learn and from what I understand it is a 3 board arb. panel who will

make an award after the hearing.

After this either side has, I think 15, might be 20 days to appeal to get it into a real court.

Under your circumstances I would be inclined to contact your court and

see how you go about getting a continuence, and cite the reasons about

your robbery and break in.

They will tell you how to do this, or should.

It all depends on how strong you feel your defenses are if you want the

state mandated one.

But I suspect you will not be able to go to an arb. hearing saying you elect arb. while there.

If it is with JDB, the will likely not want JAMS orAAA.

But if you get a continuence, then that should get you some time to see where you can go with electing Arb.

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