FW: [tips_and_tricks] TIME is RUNNING OUT Being sued for an account I have never had...HELP Please
I believe what NAF (National Arbitration Forum) agreed to was not to do any more consumer arbitrations as of July 24, 2009.
Did this account just suddenly appear in arbitration, or were the prior letters trying to collect a debt? If there were such letters that were ignored because “it’s not my account” this is a good lesson on what happens when you ignore such things. Verification should have been requested at the first contact. Unless, itsauntsally is going to try to collect damages for fraud, the only thing that needs to be proven is that “this is not my account”.
In all the states whose rules I am aware of, and arbitration award is not collectible until it is taken to a local court for confirmation. As best I can remember, all of those state rules allow you to challenge the confirmation of that award. In most states you have 90 days to file suit against the award and then the holder of the award can file a request for confirmation and you get a chance there to challenge the award. It appears all of this was ignored until there was a garnishment.
NAF has volunteered to go out of business as part of a court settlement. Use Google to obtain the info you will need to file the proper court filings. You could also reopen the judgment entered against you - if your arguments are based in LAW and not "Redemption" theory. You may also want to research the indicia needed to prove the various allegations of fraud you assert to be deemed creditable in the court prior to submitting any additional filings.
"An informed citizenry is the only true repository of the public will." Thomas Jefferson
March 2008 I received an arbitration letter stating that my accountxxxx7649 had been sent to arbitration for settlement. I did not have such an account so I ignored it. In September 08 I once again received a 2nd notice of arbitration, I accepted 4 value and returned for settlement and closure
You state "I accepted 4 value and returned for settlement and closure." What is this?????