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Recently, I got a notice delivered by a police official at my door (in North Carolina) which said that it is a "Notice of motion for application for order confirming arbitration award". It has attached with it a copy of the arbitration award, which says that I owe the debt collection agency an amount. Now, here are my questions -
1) Since this is not an arbitration (by National Arbitration Forum) I agreed upon, is this valid?
2) This notice does not have a court date and so I think that it is not a summon to the court, but a notice made by the plantiff. Is this correct?
3) If so, how do I respond? Is there any standard form or should I pursue this with the help of an attorney?
Any clarifying response will be appreciated. Thanks a ton !!
wow..I really have no clue here. Others around can answer this question I am sure so hang in there. Looks like they (the creditor) just applied for it and maybe had to inform you.
I just went to the courthouse. They said that this is a motion that the law firm of the creditor is going to bring to the court and what I was sent was a notice for that. They asked me to get in touch with an attorney to help. Can anyone suggest me a cheaper option? Would contacting the creditor's attorney directly help? Thanks so much for your reply
It could. they may offer you a cheaper pay off rather than get into the expense of going to court. Usually in something like this a panel of lawyers are gathered to look over the case and they work for neither side. I have often heard of the creditor not even showing up for court and that causes you to win automatically.
Anyway first of all answer a couple question for me or the otheres going to be responding to this post:
1. What was the date of the last payment you made on this account? This will tell us if you are protected by the states SOL
2. Is this the original creditor?
3. Did you ask for debt validation?
Thanks for your kind reply.
1) My last payment was on 2005. So, I'm still in the 6 yr period.
2) This is not the original creditor. The original was MBNA.
3) I have never asked for debt validation. I'm not sure if I can ask at this point since the judgment is already made by the arbitration forum.
I read in few forums that the motion of such already judged cases can go with or without hearing.
Also let me update the latest - I contacted a lawyer who sounds genuine and I have an appointment with him in a couple of days. He recommended me not to contact the lawyers or the debt collection company that is being represented as of now. He said he will work with them to see if we can cancel the motion and settle this outside. But he said that the motion has anyway to be contested as otherwise a default judgment may be passed. What he says makes sense. But at the same time, I'm a little bit concerned about the lawyer fees in this whole ordeal. If I contact the other law firm directly and agree to pay outside, what guarantee is that they will cancel the motion. Also, in this case, the clerk office is not recommended to give any legal advice. So I think I have to go with the lawyer to represent myself. Any suggestions, please ??
Thanks again
Hi masterp
As far as I know, if you oppose the claim to arbitration you must file a response to the motion within 30 days of receipt of the letter, else as your lawyer said, a default money judgment, which may go against you may be passed and you may be required to pay the debt in addition to other costs. In the meantime, you can always send a debt validation letter by certified mail to the CA. Now, if they agree to cancel the arbitration, you should always get it in writing before you start paying off the debt. You have to consult a lawyer before proceeding further.