I have posted this question on a few different webpage forum and getting no answer. Arbitration is not new, just must not be popular. I will post my experience once I get through it, maybe it will help someone else out.
Could you please inform as to why you are going through arbitration? Just want to know the case in order to reply case specific. :). Im not a lawyer just interested in whatever goes on in the credit industry.
I had a credit card that was purchased by a collection agency, the original amount was $2000, I recieved a summons in December 06, I offered them $2000 cash and they refused it. I requested that they validate the debt and prove they own it, them not accepting my offer was irritating because I know they purchased it for much less and are not representing the original creditor.
So, now, almost a year later it is going into arbitration.
Wow! they didn't settle for your cash settlement?? that's crazy, i hope that you have proof of them not accepting this as that is on their end not yours. oh what a nutsy company, maybe you could pm me good and let me know what company that is just out of curiosity. i guess they validated it or else they couldn't continue with the arbitration route?
No they never did validate, there is all kinds of issues here. I have all the proof of everything I offered. I sent everything certified mail, return reciept requested and filed a copy of everything at the prothonotaries office at the courthouse. I have definately covered my behind with these guys, I am hoping that the arbitration team will at least let me speak as to what has happened over the last year.
I am only doing what I think is fair, I made a pretty descent offer and they blew me off. So we will see what happens, when it happens, should be soon.
All I know is that arbitrators are usually retired judges. Their decision is usually binding, and very hard to reverse. I'm not sure where you go to an arbitration hearing, because it's outside of court. Hopefully they don't make you drive too far.
Good natured why dont you get in touch with a lawyer immediately? It is very important to do so. naca.net has some really good resource.
They dint validate your debt, they dint accept the cash you offered. I think there has been violation of FDCPA. Sincerely speaking you should take legal help.
I know the arbitration panel will be three local attornies that are still active in the community. As far as the naca.net their is not a local attorney or with in a reasonable distant on the list for the state, I will go it alone as I had through out this whole process.
What I would really like to know is the steps or should I say process, will I get to give my side of it, is there discussion or is it just a decision being made. I want them to hear the laws that they have violated. The problem is, they are not state laws, they are federal laws and this arbitration falls under state jurisdiction.
I do not have much legal knowledge but is it not right that federal laws preempt state laws? This is just a question posed. I think it does happen in certain instances but not sure whether it holds true for all the laws.
I have everything, a whole stack of non cooperation from these guys, even their correspondance has been very unprofessional. Some done in bright blue marker, I have word processed everything that I have sent to them. I filed everything that I have sent them with the prothonotaries offices at the courthouse, I doubt they did the same, but I will make copies for the panel.
Laura, I don't have a date yet, just got the letter that they will be convening a panel of attornies.
Carol, I am curious, what makes you say that arbitration is harsher? I have been able to find much information on them and thought it was more cooperative, I could be totally wrong though.
Oh Good I meant that arbitration happens out of court. So it is really very painstaking as you need to know a lot of things that a lawyer can help you out in case of a court case. This is a mandatory arbitration right?
Yeah, it is, I am seeing it as a meeting between the two of us and the arbitrators will make sure that everything is fair and give a decision in the matter. That is what I understand arbitration to be right? Not real sure, still trying to find out more information. It is different from state to state also.
Yes that is the case. But I am trying to find out something. Can anyone say when it comes to laws does the state law matter more than the federal law? If the case is under state jurisdiction then will the state law always precede over the federal or are there exceptions?
I had an attorney who said he would sue them for violating the federal laws under fair credit violations, but they sued me in my state under civil law, so I am not real sure. When I was talking to this attorney, he said he could not represent me under the state because he was from another state, but would represent me in a federal suit. I need to email him and find out where he is with this, he is doing it on contingency, but I have not heard from him in a while.
This guy is a different issue, he is on the federal level to sue, must not be real interested, haven't heard from him in weeks. Dropped him an email, we will see if he responds.
I just want this side of it over with, hopefully this will go smooth, I am going to make a call to the prothonotary this week and see if she has an estimate on the date, I have to get organized.
Are you still depending on the lawyer? Its pretty bothersome if he is not getting in touch at your need. Hope things work out fine. Keep the paper work organized. Half the work will be done.
goodnatured, I put some information on the other thread that is related to this one, please refer back to it. Keep the forum updated, if there is not alot of information out there on arbitration you may be our only source for experienced information. thank you
Yes Good you are going through it so you remain the source of information. Actually the thing is that unless we go through something we wont know the serious part of it. How far can bookish knowledge take us? Experience matters. But I still did not get any answer whether federal law precedes state laws in all cases.
I am not sure, I know the federal law covers fdcpa law, these guys are going for civil suit, which they have violated the heck out of fdcpa law by not providing the validation or proof that they own the debt. I am happy about having the opportunity to give my side of this mess.
This seems really good. FDCPA is always the best way to fight back. If they have not provided with validation then they dont have the right to report to the bureaus as well. They are on the wrong side, violation of FDCPA.
But always be on your guard because they will be prepared well to attack you in all terms. I am not scaring you just informing. All the best :)
Not yet, I got the list of attorneys in the mail, the prothonotary said it will take about 30 days or so after I recieve that to get the arbitration date.
I have posted this question on a few different webpage forum and getting no answer. Arbitration is not new, just must not be popular. I will post my experience once I get through it, maybe it will help someone else out.
Could you please inform as to why you are going through arbitration? Just want to know the case in order to reply case specific. :). Im not a lawyer just interested in whatever goes on in the credit industry.
I had a credit card that was purchased by a collection agency, the original amount was $2000, I recieved a summons in December 06, I offered them $2000 cash and they refused it. I requested that they validate the debt and prove they own it, them not accepting my offer was irritating because I know they purchased it for much less and are not representing the original creditor.
So, now, almost a year later it is going into arbitration.
Wow! they didn't settle for your cash settlement?? that's crazy, i hope that you have proof of them not accepting this as that is on their end not yours. oh what a nutsy company, maybe you could pm me good and let me know what company that is just out of curiosity. i guess they validated it or else they couldn't continue with the arbitration route?
No they never did validate, there is all kinds of issues here. I have all the proof of everything I offered. I sent everything certified mail, return reciept requested and filed a copy of everything at the prothonotaries office at the courthouse. I have definately covered my behind with these guys, I am hoping that the arbitration team will at least let me speak as to what has happened over the last year.
oh certainly they should, i would hope! please keep in touch with us and let us know how you're doing. good for you for backing yourself up!
I am only doing what I think is fair, I made a pretty descent offer and they blew me off. So we will see what happens, when it happens, should be soon.
All I know is that arbitrators are usually retired judges. Their decision is usually binding, and very hard to reverse. I'm not sure where you go to an arbitration hearing, because it's outside of court. Hopefully they don't make you drive too far.
Good natured why dont you get in touch with a lawyer immediately? It is very important to do so. naca.net has some really good resource.
They dint validate your debt, they dint accept the cash you offered. I think there has been violation of FDCPA. Sincerely speaking you should take legal help.
I know the arbitration panel will be three local attornies that are still active in the community. As far as the naca.net their is not a local attorney or with in a reasonable distant on the list for the state, I will go it alone as I had through out this whole process.
What I would really like to know is the steps or should I say process, will I get to give my side of it, is there discussion or is it just a decision being made. I want them to hear the laws that they have violated. The problem is, they are not state laws, they are federal laws and this arbitration falls under state jurisdiction.
ok, it took the post two times once under being signed in and once as guest, that is really goofy. oh well you guys, please ignore one of them.
I do not have much legal knowledge but is it not right that federal laws preempt state laws? This is just a question posed. I think it does happen in certain instances but not sure whether it holds true for all the laws.
I have everything, a whole stack of non cooperation from these guys, even their correspondance has been very unprofessional. Some done in bright blue marker, I have word processed everything that I have sent to them. I filed everything that I have sent them with the prothonotaries offices at the courthouse, I doubt they did the same, but I will make copies for the panel.
Sure keep all the filings ready before you submit it to the panel. When is the arbitration?
Hi Good,
Keep us posted with the ongoings. There are people who really need to know that arbitrations are harsher than judgments.
Laura, I don't have a date yet, just got the letter that they will be convening a panel of attornies.
Carol, I am curious, what makes you say that arbitration is harsher? I have been able to find much information on them and thought it was more cooperative, I could be totally wrong though.
Oh Good I meant that arbitration happens out of court. So it is really very painstaking as you need to know a lot of things that a lawyer can help you out in case of a court case. This is a mandatory arbitration right?
Okay Good :).
Yeah, it is, I am seeing it as a meeting between the two of us and the arbitrators will make sure that everything is fair and give a decision in the matter. That is what I understand arbitration to be right? Not real sure, still trying to find out more information. It is different from state to state also.
Yes that is the case. But I am trying to find out something. Can anyone say when it comes to laws does the state law matter more than the federal law? If the case is under state jurisdiction then will the state law always precede over the federal or are there exceptions?
I had an attorney who said he would sue them for violating the federal laws under fair credit violations, but they sued me in my state under civil law, so I am not real sure. When I was talking to this attorney, he said he could not represent me under the state because he was from another state, but would represent me in a federal suit. I need to email him and find out where he is with this, he is doing it on contingency, but I have not heard from him in a while.
Thanks a lot for the info good. Hope to know more once you get in touch with the lawyer.
This guy is a different issue, he is on the federal level to sue, must not be real interested, haven't heard from him in weeks. Dropped him an email, we will see if he responds.
I just want this side of it over with, hopefully this will go smooth, I am going to make a call to the prothonotary this week and see if she has an estimate on the date, I have to get organized.
Are you still depending on the lawyer? Its pretty bothersome if he is not getting in touch at your need. Hope things work out fine. Keep the paper work organized. Half the work will be done.
I don't know at this point if I will bother with this attorney.
He is out of state, but did help a friend of mine that is why I even thought to ask him.
He doesn't respond or has not responded to my emails, I don't know if he filed suit or not.
He sounded pretty agressive in the beginning, but doesn't stay in contact.
goodnatured, I put some information on the other thread that is related to this one, please refer back to it. Keep the forum updated, if there is not alot of information out there on arbitration you may be our only source for experienced information. thank you
Yes Good you are going through it so you remain the source of information. Actually the thing is that unless we go through something we wont know the serious part of it. How far can bookish knowledge take us? Experience matters. But I still did not get any answer whether federal law precedes state laws in all cases.
I am not sure, I know the federal law covers fdcpa law, these guys are going for civil suit, which they have violated the heck out of fdcpa law by not providing the validation or proof that they own the debt. I am happy about having the opportunity to give my side of this mess.
This seems really good. FDCPA is always the best way to fight back. If they have not provided with validation then they dont have the right to report to the bureaus as well. They are on the wrong side, violation of FDCPA.
But always be on your guard because they will be prepared well to attack you in all terms. I am not scaring you just informing. All the best :)
Thanks for the information Polly, they have consumed so much of my time, I will be happy to get this over with and move on with my life.
Do you have a court date yet?
Not yet, I got the list of attorneys in the mail, the prothonotary said it will take about 30 days or so after I recieve that to get the arbitration date.
Well, keep us updated, there doesn't seem to be alot of information on arbitration on here or any other forum for that matter.
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