fisthardcheese

Arbitration Overview and Strategy (2018 - Most Up To Date Info)

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On 9/18/2020 at 8:39 AM, BV80 said:

A process server is not considered a debt collector u dear the FDCPA.  See 15 U.S.C. 1692a(6)(D)

In some instances, JDBs hire their own process servers.  In those cases, it COULD be argued that the server is an agent of the JDB.  It probably wouldn't be as easy of an argument, but if I were in arbitration (not COURT), I may at least make the claim initially in order to conduct discovery on the process of service and how the server was contracted by the JDB.  If nothing else, it is a good use of time (and therefore the JDB's arbitration retainer) should the arbitration process get that far along.

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On 9/18/2020 at 3:00 PM, catlady22 said:
 
 

So what happens if you lose in arb? Do they run to levy your accounts/garnish wages or...?

The JDB has to go back to court and have the arbitration award confirmed by the court before they could garnish.  Should that happen, you can still negotiate a settlement for the judgement amount, either by paying the lump sum or asking if they will accept monthly payments.

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