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Any info on Abritration judgements??

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porboy



Joined: 22 Nov 2008
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956 Magic Points

Subject: Any info on Abritration judgements??
 
Posted on Tue Nov 25, 2008 11:10 pm  

I keep reading about these abirtration deals where they send you a Fedex letter or US mail cert and if you don`t respond to them they get a automatic judgement without you even knowing there was a court case. Has anyone any clear info on this kinda thing and where they can do it? Thanks
Mary

Mary

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Posted on Wed Nov 26, 2008 12:59 pm  

Hi Porboy
You should never ignore an arbitration send to your either through the National arbitration forum or the AAA because the creditor might have added an arbitration clause with the original credit agreement. You should immediately respond to such arbitration notice else a default judgment may be entered against you which may include not only the outstanding debt amount but also fees, penalties and attorney charges.
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Justin

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Posted on Wed Nov 26, 2008 1:07 pm  

I agree with you Mary. One should always respond to such notice because there is a very little scope for the right to appeal once a default judgment has been passed. If the judgment is passed a suit may be filed to enforce such judgment and garnish you wage or bank account to recover the debt. Bankruptcy can also be filed once you receive the judgment and the court may decide which bankruptcy category can your case be fitted into depending upon your assets and other liabilities.
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goodnatured



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Posted on Wed Nov 26, 2008 2:31 pm  

You should have been give a time frame in which you had to respond, you need to respond in that period of time so they don't get a default judgement.

Both of these posters are right about arbitration, it is usually in the fine print of your contract with any creditor or lender. This part is never discussed until the bill gets into a delinquency phase and then goes into collections. They will state that it is our responsibility as debtors to read the fine print before entering into any contract. We should always keep copies of our original agreements as well as any changes that may come about later, they will often mail these to you. They should be safely tucked away, you never know when you will need them in the future.
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fireyone



Joined: 26 Feb 2008
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Posted on Thu Nov 27, 2008 12:27 am  

I have never heard of this before. What is a National Arbitration Forum? Soun ds like something that has to do with the interent. So anyway if this clause is in your contract they do not actually have to go through a courthouse to sue you and can just send you an arbitration letter of their own in the mail? I can not see how thye get an automatic judgement if the certified letter is not signed for by the debotr. Is there any rules to that?
Justin

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Posted on Tue Dec 02, 2008 9:04 am  

The court can give default judgment even if it has send you a summon and you have not received it. But in such cases after you receive the default judgment, you can always file a motion to vacate the judgment. You need to file the motion in with the court from where you have received the judgment within 30 days form the judgment date.
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fireyone



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Posted on Mon Dec 08, 2008 11:25 pm  

30 days..how would a person know if they haven't gotten a summons with in 30 days? Lets just say they are out of the country or moved acrooss the country. I would think these things should be signed for by the original debtor. I can not see that its fair to do it this way. How about if there was a summons sent and no one signs for it and it goes back to the person who sent it. What would happen in this situation? I am not really familiar with the summons process so please excue all the questions.
scandi



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scandi



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Subject: Travel to Scandinavia - Maps, Hotels, Routes, Camping
 
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