let_it_slide Posted January 31, 2012 Report Share Posted January 31, 2012 My sister was sent to court against Capital One in October in Maryland. She went to file for arbitration and the court granted her 60 days to file for arbitration. She filed for arbitration within the deadline of 60 days and it's currently being set up with JAMS. However the court apparently issued a judgment against her for the full amount just a few days ago, even though she was never sent a notice to appear in court. She checked the court site and it doesn't even list her in the roster for appearances.Is there anything she can do now? She was in the process of setting up the arbitration but JAMS needed more information and Capital One was fighting it with ill intent (they were blatantly lying). Link to comment Share on other sites More sharing options...
Coltfan1972 Posted January 31, 2012 Report Share Posted January 31, 2012 (edited) Motion to vacate the judgment and attach the order of the court granting you 60 days to file with JAMS along with the proof arbitration was filed within 60 days. That should be a pretty easy judgment to vacate.If there was some "confusion" and other info needed and she did not actually file the arbitration, might be a problem. It is a common trick to delay and delay while waiting on a deadline to pass and then going for the kill. It's most common with creditors being over the top friendly after a suit has been filed, promising the moon to the debtor. Then when the debtor takes them at their word and the time to answer the suit has passed, the creditor files for a default and the creditor turns into Satan overnight.In other words, delay and stall until what is unfavorable to you has passed the time. You have to stay on top of this and move for extension or at least do all you can on your end. Edited January 31, 2012 by Coltfan1972 Link to comment Share on other sites More sharing options...
let_it_slide Posted January 31, 2012 Author Report Share Posted January 31, 2012 Ok. She has proof that the JAMS arbitration letters were sent out within 60 days, so I will have her send that info to the court and set a motion to vacate. She is still trying to proceed with JAMS though Cap1 has decided to lie about the terms of arbitration and it caused a hold-up beyond the 60 days, but that was out of her control so I hope it won't count against her. Link to comment Share on other sites More sharing options...
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