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Old 12-18-2006, 04:32 PM
rodgerdodger5's Avatar
rodgerdodger5 rodgerdodger5 is offline
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Join Date: Jun 2006
Posts: 42
Your friend needs to use the rules of the Arbitration Forum against them. Was he properly served for Arbitration hearing? Did he ever agree to Arbitration in the original contract? Demand a copy of the original signed credit agreement. Also check the date on the contract (they probably can't even provide one). Check the statute he is being sued under, for instance if it is Suit on Account, that requires very strict proof and he should demand this in court. Most of the time, this paper work has been long lost and the attorneys can't provide any proof other than their 'affidavit of debt' which your friend should motion to strike in court as hearsay.

He should also check the background of the Arbitration firm and make sure they are actually even an arbitration firm and not just an extension of the attorneys office or Junk Debt Buyer with a misleading name. They are getting very slick with their collections process and can even mislead judges who don't know any better with this crap. Check and double check everything right down to the notary dates and contract dates. Your friends credit report should provide the date the account was opened - sometimes the fake contract they provide does not even match this. Chances are you will catch them. Most of the time, they have nothing and are totally bluffing. Some of them will lie to you so demand strict proof of everything. Make THEM prove their claim. Burden of proof is on them. Move the court at every opportunity to dismiss the case.

Good luck!!!
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