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Arbitration Win! Sort of.......
I was a victim of the criminal racket known as THE NATIONAL ARBITRATION FORUM. The amount brought to Arbitration was in the area of $17,000.00 and after the fraudulent arbitration hearing the amount ballooned to over $27,000.
According to the Federal Arbitration Act you have 90 days after issuance of the award to Motion to Vacate,Modify Etc... This is where most people are getting screwed because the Courts are ramming through the awards when the Petitioner makes an application to confirm the arbitration award after that 90 day period.
Yet in Connecticut there was a recent Appeals Court case where a Pro Se Litigant challenged the existence of an actual arbitration contract and the court ruled that a challenge to the existence of an arbitration agreement was a "Subject Matter Jurisdiction" challenge and not subject to the 90 day time limit to vacate.
Because there are spying eyes on the board im not going to tell exactly what I did but basically;
I used SIREN's VOD Template with the first Debt collector assigned to the case. THANKS SIREN!
Typically they will use an out of state collector to initiate the arbitration claim and after the award is entered they will hire a local law firm to confirm the award.
I based my answer to the court on the existence of a contract to arbitrate combined with the applicable case cite from above.
I also stated that the plaintiff would have to produce this contract with some identifying numbers pertaining to the alleged credit account with my name on it. Typically they will offer as evidence a boiler plate arbitration opt out agreement with no dates or identifying numbers on it.
I also offered as evidence the complete VOD package that the original debt collector defaulted on.
And the last thing I offered as evidence was the complete list of attendees to the "Debt Buyers Association" annual get together listing the National Arbitration Forum as attendee. One of the Board of directors of the Debt Buyers association was Vice president of the Plaintiff's company in this case.
Plaintiff's Attorney withdrew their application.
Now I know this isnt technically a win because they can come after me again but as far as the Arbitraion is concerned they have until October to confirm that award otherwise they would have to file another claim or file a civil suit less the Arbitration costs.
Thanks to everyone here for your contribution to the board and thanks again SIREN!
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