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Anyone have this happen to them?


sillymonkey
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What do you mean by "the arbitrator signed off"?  Did some body win?

 

Remember,  even if the OC took you to arbitration and they won, they still have to get a court to awward them a judgement before they can take any money from you.  Is that what's happening?  Is the new CA trying to collect  on the award?

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Yes, the OC won but the award has not yet been brought back to court. The arbitrator approved the settlement award and the next day, a new CA started calling.  I'm assuming that we'll get some kind of Court Motion, that it's not an instant transfer. Moreover, the arb clause says "any party will have 30 days to appeal the award.."

I'm assuming the 30 days starts AFTER the arbitrator signs off on the final award?

Regardless, am I right to assume that no collection efforts should resume until AFTER the COURT confirms the award?
Trying to collect on an arbitration award before confirmation, would that be an FDCPA violation?

I have emailed a consumer lawyer about this but I think I have stumped them :p

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I don't believe there is currently an FDCPA violation described here. I would want to (or have a competent consumer attorney) take a closer look at any state statute(s) that might apply.

 

AFAIK There are no "teeth" to collecting an arbitration award. A DC could send letters and make calls requesting money but no wage garnishment or other powerful tools would be available until the DC gets a court to confirm the award into a judgment. *If* settlement was desired this might be an opportunity to work something out via a negotiation.

 

As for how "hard" it is to confirm an arbitration award in court (assuming there is any opposition) it appears the deck is stacked against the party attempting to vacate the award: http://meetings.aban...aturArticle.pdf

The grounds that seem to be the most successful, at 20.8% in the report, were that "the arbitrator exceeded their powers...". As I understand this report, the particular grounds argued and being in state and not federal court have the most significant relationship to improving the odds of success in an attempt to vacate an award. Much more so than any particular "local" jurisdictional impact. (Other than small claims or justice courts which are a crap-shoot IMO).

 

In Arizona the AZ-RUAA allows only 90 days after the award is made/noticed to motion the court to vacate the award. The party that wishes to confirm the award via the court has up to 1 year to seek confirmation. Unless it has been more recently updated it appears CO also has a 90 day deadline to move to vacate an award:

http://www.state.co.us/gov_dir/leg_dir/olls/sl2004a/sl_363.htm
PART 2
UNIFORM ARBITRATION ACT
13-22-223.  Vacating award.
  (2)  A motion made under this section shall be filed within ninety days after the movant receives notice of the award pursuant to section 13-22-219 or within ninety days after the movant receives notice of a modified or corrected award pursuant to section 13-22-220, unless the movant alleges that the award was procured by corruption, fraud, or other undue means, in which case the motion must be made within ninety days after either the ground is known or by the exercise of reasonable care should have been known by the movant.

 

Ideally, if attempting to vacate an award, I'd file in state court well within my 90 day deadline and would want to be able to make a credible argument in state court on the grounds of "the arbitrator exceeding their powers...".

13-22-223.  Vacating award.

(1)  Upon motion to the court by a party to an arbitration proceeding, the court shall vacate an award made in the arbitration proceeding if the court finds that:
...

(d)  An arbitrator exceeded the arbitrator's powers;

 

Confirming an arbitration award with no opposition is likely to be no harder than getting a default judgment when there is no opposition, assuming proper service of process.

 

Knowledgeable parties that obtain an arbitration award may choose to wait until 91+ days before seeking to confirm an award in jurisdictions where the 90 day deadline to vacate applies. FAIK

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Thanks so much for the information. The reason why I even posted this thread is because it's not the same DC trying to collect. Of course, it's possible that the OC has changed DCs or sold the account. I guess DVing would help in figuring out what's going on a little?

If they're collecting on the 'judgement' then I assume the DV would contain that information?

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UPDATE:

OK. I have my timeline corrected.

Lawsuits stayed in court since 2012 for JAMS arbitration (DC1).

DC2 starts calling on Oct 24.

Arbitrator approves the judgment in JAMS on Oct 25.

Received dunning letter for same account from DC2 dated Oct 25.

JAMS emails signed monetary award to all parties on Oct 28.

 

SO, in fact, DC2 stated collection efforts BEFORE the final award was approved in JAMS. Any thoughts? Think it would be an FDCPA violation?

I know a JAMS judgment has no teeth. Can someone else try to collect BEFORE JAMS judgment, while the case is stayed in court?

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You might be able to find one of these that sticks. Frankly, sounds like the file was resold, due to the time involved getting through the court and Arb. You are the only one that can see what the letter says, so hard for us to know what might stick....

§1692-e- Deals with False and (or) Misleading Representations in Communications

§1692e- Any false/misleading/deceptive representation or means in connection with the collection of said debt.

§1692e(1)- False representation that a CA is affiliated with the United States or any other State (badges, uniforms, etc. etc.)

§1692e(2)- Legal Status, Character or Amount of said debt

§1692e(3)- That the communication is from an attorney (when it is not) and that the individual is an attorney (when he/she is not)

§1692e(4)- Non-Payment of debt will result in arrest, prison, (or) seizure/garnishment

§1692e(5)- Threats to take action that can no legally be taken or actions that are not intended to be taken.

§1692e(6)- Sale or transfer of any portion of the debt will cause the consumer to lose any claim or defense to payment of the debt.

§1692e(7)- That the consumer committed any crime or any other statement (or) conduct done in order to disgrace the consumer.

§1692e 8- Threatens or communicates false credit information, which includes the failure to communicate that a debt is disputed.

§1692e(9)- A CA can NOT represent documents as authorized, issued or approved by the courts, official, or the United States (or State)

§1692e(10)- Any false representation or deceptive means to collect a debt or obtain information about a consumer.

§1692 e(11)- When Communications fail to contain the min-miranda warning; i.e., "This is an attempt to blah blah blah......

§1692e(12)- Debt has been turned over to innocent purchasers for value.

§1692e(13)- Documents are legal process when they are not..........

§1692e(14)- Any name other than the true name of the debt collector's business

§1692e(15)- Documents are not legal process forms or do not require action by the consumer.

§1692e(16)- Collection Agent (or) Agency operates or is employed by a consumer reporting agency.

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