Post Arbitration

[saber8]

ICE / SuiJuris,

I was directed to you on this sticky one. Please overlook the necessary length. I sent a BOE about a year ago to MBNA. Mike Kelly ,the senior personal banking officer called me about 0ne week later & asked me for another one as they had "misplaced" the BOE but had all the other papaerwork. They billed for a while & I defaulted them & then did a Notary ceritficate of non-response. They sent ti to the National Arbitration Forum. I sent the NAF a CAFV req for proof of claim & defaulted them. They issued an award to MBNA and I heard nothing dor six months. Then last week I get a Notice of Hearing from the Court , Hearing date Aug 3,2004. A Boise atty had requested confirmation of the NAF award from the court.. Should I reject the offer for hearing for cause? Or, AFV the entire case and enter affidavit with acceptance ? Your response will be greatly appreciated,time is short.

Saber8

[Ice]

What "proof of authority" can the attorney demonstrate for collection of this alleged debt? Has the attorney "purchased" the debt or is he under contract, consignment or what?



Answer the Summons/Complaint and motion to dismiss on the basis that they have defaulted per your administrative process.



All -- Pay attention -- Hear me --



When it comes to court matters please do not think to suggest A4V or Refuse for Cause or any other "redemption" process when requesting opinion from me. I don't want to hear it. For that -- go to the so-called "experts" that will charge you big bucks and accomplish NOTHING for you.

[kurte]

So they have an arbitration award agaist you, They still have to proceed "in rem" otherwise known as domestication of a foreign judgement. File a motion for summary judgement against them. I highly reccomend Richard Cornforth "Beating Up on Debt Collectors" 20.00 usd. for guidance. corn4thdad@aol.com. His videos are EXCELLENT. By the way, Richard is not impressed by the ucc/redemption process. He believes in using the law as it stands.

[Jerseee]

Saber8,



For the exact same reasons Ice posted, is the reason I wasn't able to adequately answer your inquiry. Also, I think I recommended the same thing Kurte did with Richard Cornforth material--its great. With that in mind, its never ever too late to use your remedy (HJR 192).



Stick with the law and adjudicated cases and you can't go wrong. Let them break the law in the open and not hide under the veil of the UCC (they are indemnified there).