Response to an Arbitration Summons from a creditor

Ras,
I was told the same thing as Fire had stated- if the creditor did not move to vacate your award within the sol of your award then that can used as part of your argument to have your award confirmed and theirs vacated. You can not help it that they(MBNA) dropped the ball, or were so arrogant to think that sol's do not apply to them :mad: . They (MBNA) sure as heck want you to take their award seriously. I can not imgine a judge feeling that you do not deserve the same respect. I would think the same would apply to your van. Would it not? :???:

Thanks Sissygirl. I am going to make sure that is part of the argument. I had not heard that until fireopal mentioned it. All I heard was that awards are rarely vacated so I was a little nervous about the outcome. I'm just not wanting it to come down to a hearing. I will also make sure that is an argument for the Petion to Vacate. I'm just glad the C.U. does not have an award on us.
I'll be in touch.

ras

ras: i wouldn't reveal my hand and let em know you are filing a motion or petition to vacate their award...the less time they have to prepare for anything the better for you...

in addition to using the sol for vacating their award - do include all points of law where they failed to exercise their legal rights in a timely manner - such as: were they notified that you were initiating arbitration as per the terms of their agreement - if so, on what date....they probably didn't dispute jurisdiction, so list time frame after arbitration notice was served where they failed to exercise their 'legal' rights... nor did they use their final opportunity to vacate your award... not to mention - if they were served notice of your award then they broke the law in a big way when they knowingly re-arbitrated through a corrupted system after "binding arbitration" as per their agreement had occurred... you may wanna quote some of the information from mbna cardmember agreement in your motion/petition, along with sol for all points of law they may have failed to follow for your state and also list some state and federal laws/cases to prove your argument.

also - can you tell me either here or in a pm what arbitration company you used, as i am still trying to locate one for a friend and the one I used closed. many thanks!

dottucker - confirming awards is getting more difficult to do pro-se and you may want to locate an attorney to push it through, as the judges are more inclined to approve em this way...

and can you tell me what arbitration company you used for the same reason listed for ras?

ps - for those that can help me locate an arbitration group and since the banks are starting to crack down on independent groups - it would probably be best to keep all names off the board and send through pm or email, yes?

Well I finally got a "response" back about my filing the Petition to Confirm Arb. Award with the credit union. The problem is I'm not understanding what it's saying has happened or what they're wanting from me and I've read it over and over and over! It's long but I wanted to put the main points here in case anyone knows what it means. It's from a judge Roden and here is some of the letter:

"The above case is set for dismissal, pursuant to Rule 165a, Tx Rules of Civil Procedure, on July...

If no answer has been filed, or if the answer filed is insufficient as a matter of law to place any of the facts alleged in your petition in issue, you will be expected to have moved for, and to have had heard, a summary judgment or to have proved up a default judgment on or prior to that date. Your failure to have done so will result in the dismissal of the case on the above date.

If an answer has been filed that is sufficient to create a fact issue that prevents disposition of the entire case, or if you have been unable to obtain service of process, you should plan to appear to obtain a reset of the dismissal date or a trial setting as appropriate."............

Stamped on the letter was Policies and Procedures Should be reviewed at www.judgeroden.com. I did go to that site but I still can't figure this out. Was there something wrong or missing in our Petition we filed so they are going to dismiss it? Surely the $200.00 we had to spend to file the Petition to Confirm and serve CU didn't just go to them for nothing. And please don't tell me they need more money so they want me to file something else? I'm lost and if anyone has had a similar letter or understands it I'd appreciate any help or send me in the right direction.

Thanks,
ras

Originally Posted by ras

Well I finally got a "response" back about my filing the Petition to Confirm Arb. Award with the credit union. The problem is I'm not understanding what it's saying has happened or what they're wanting from me and I've read it over and over and over! It's long but I wanted to put the main points here in case anyone knows what it means. It's from a judge Roden and here is some of the letter:

"The above case is set for dismissal, pursuant to Rule 165a, Tx Rules of Civil Procedure, on July...

If no answer has been filed, or if the answer filed is insufficient as a matter of law to place any of the facts alleged in your petition in issue, you will be expected to have moved for, and to have had heard, a summary judgment or to have proved up a default judgment on or prior to that date. Your failure to have done so will result in the dismissal of the case on the above date

If an answer has been filed that is sufficient to create a fact issue that prevents disposition of the entire case, or if you have been unable to obtain service of process, you should plan to appear to obtain a reset of the dismissal date or a trial setting as appropriate."............

Stamped on the letter was Policies and Procedures Should be reviewed at www.judgeroden.com. I did go to that site but I still can't figure this out. Was there something wrong or missing in our Petition we filed so they are going to dismiss it? Surely the $200.00 we had to spend to file the Petition to Confirm and serve CU didn't just go to them for nothing. And please don't tell me they need more money so they want me to file something else? I'm lost and if anyone has had a similar letter or understands it I'd appreciate any help or send me in the right direction.

Thanks,
ras

ras,
The best that I can make out from reviewing the judgeroden.com site it is simply asking for a response from you and possibly the defendent as to your readiness for your trail date. As far as I can see you just need to send an answer as to are you ready or not. I do not know is there some sort of proper way of doing this or not. I would almost be tempted to call that woman, court coordinator, that is named in the site, and ask her. Or any paralegal should be able to tell if there is some kind special form to fill out.
Good luck,

Sissygirl, what I have found out (not from the courts) is that if the CU does not file an answer then we have to file for summary judgment. If we don't, then the case will be dismissed. So I guess we will wait out about 30 days from our filing the Petition and then do a motion for summary judgment. Thanks for responding. I guess the letter's not as bad as I was thinking it was. I'll keep you posted.

ras

[sadie]

Check you rules of civil procedure to find out how long they have to file an answer. Sometimes it is 15 days or 20 days don't assume it is 30 days.

As soon as that time has passed file for summary judgment.