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  #1  
Old 01-30-2005, 04:42 PM
fireopal
 
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Discover civil arbitration/hearing notice

dear community:

first off - am new to this forum and very much appreciate the abundance of great information here. have an upcoming civil suit with discover that i am seeking some help with.

little background - decided to bring down half my credit line to test the legal way of eliminating debt through arbitration and confirmation.... half way through the arbitration/confirmation process the service helping me with legal briefs went south and took a bunch of money with em as well...

in any event - received 'respected' arbitration awards 8/27/04... however, discover just served me with a civil arbitration notice scheduled to take place @ court of common pleas in pennsylvania 10/05...

the arbitration notice states that matter will be heard in front of a panel of arbitrators, and if one or more parties is not present at the hearing, the matter may be heard at same time before judge without absent party.there is no right to a trial de novo or appeal from decision entered by judge.

the complaint is that i used x amount of dollars for credit extended - failed and refused to pay said sum, which is true b/c they failed to demonstrate how the loan of credit was in fact a loan of money. nor did they demonstrate their authority to lend credit by providing relevant citations of federal status etc...

the notice to defend states: 'you have been sued in court'....if you wish to defend against claims set forth you have 20 days after complaint and notice are served, by entering written appearance personally or by attorney, and filing in writing your defenses and objections to claims set forth against you... you are warned that failure to do so blah-blah...

now for my questions:

1. am not sure how to address this and need to know what kind of form (s) to file and where to go to get this form (s)?
2. in addition to incorporating aspects of previous arguments that led to my awards, should i also file a 'complaint to enforce arbitration award' and list sol expiration?
3. should i also list the fact that discover had one collection law firm on board and closed case approximately 2 weeks before awards were sent and then contracted current collection law firm serving as debt collectors that sent a collection letter early november and then a rejection letter concerning the 'notice to arbitrate' 1/07/05 that had initially been sent to discover 5/04 by me and then again by arbitration group 7/04, which discover initially rejected 9/27/04 (one month after awards to both parties)?
4. would the fact that discover charged off the account have any bearing in relation to the collection attorney who is a 3rd party acting on their behalf and without notice given to me?

and last - i appreciate any suggestions or guidelines that any may have to help me handle this situation... many thanks!
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  #2  
Old 01-31-2005, 01:40 PM
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seeker seeker is offline
Mental Jujitsu
 
Join Date: Oct 2004
Location: near .. illinois
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Do some research on this site and you will find threads addressing the issues you seek answers for.
A couple quick notes:

WHO is the arbitration notice from?

Have you VoD'd the firm contacting you?

Have you taken your arbitration award and filed it at your court house?

Have you gotten a recent CR ?

Have you gotten direct correspondence from the alledged arbitration board?

Do some research -- we have discussed these things and more in depth herein.

Seeker
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  #3  
Old 02-06-2005, 05:06 PM
fireopal
 
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many thanks seeker.

will try to answer your questions to the best of my ability.

1. notice is from court of common pleas.

2. am not sure what voD means, and cannot remember where i saw the thread that lists these terms?

3. my response/objections also contains a petition to confirm award.

4. am assuming cr is 'credit report'. if so - yes, i have gotten one recently. discover is a charge off and current attorney working on bank's behalf is a collection law firm.

5. no direct correspondance form arbitration board mentioned in notice that sheriff just recently served.

6. did research here before posting but could not find anything that seemed to apply to my specific situation. not to mention, there is much information to sort through, so if someone could direct me to these posts it would be most appreciated!!
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  #4  
Old 02-08-2005, 08:10 PM
fireopal
 
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ps

seeker -

can now answer question not answered before.

yes- initially sent creditor 'vod' letter. they responded as usual and sent years of previous statements as proof of vod.
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