[janis]

I was served on 4-1-08 by county deputy. Superior Court, Pulaski County, Georgia. W&A has submitted Application to Confirmation an Arbitration Award, in the amount of $2,917.38. I have fought these buggers for a year now. I have all my communication from them, as well as all my responses. Also responded to NAF forum.
I have 30 days from date of service to answer.
There is a lot of information on these threads. I have read so much here, and it's all starting to run together. Just when I think I have found something that would probably pertain to my case, I find something else.
If I can figure out how to upload the Complaint, and the Exhibit A from W&A, would someone be willing to look at it and try to help?

Janis

[Hedwig]

Before you upload it, edit it to remove all personal information.

Then you just upload by clicking "manage attachements" in the additional options. Then browse and find the file and upload.

[janis]

Glad you told me that.......I was gonna let it all hang out.....

Thanks, Janis

[janis]

Well.....hope this works.....

[Enigma]

When was the last payment made on the account?

Can you post the card agreement?

[Enigma]

The SOL is six years see Hill vs. American Express.

[janis]

Originally Posted by Enigma

When was the last payment made on the account?

Can you post the card agreement?

Last payment was 2-21-06

Will try to scan and upload the "account agreement". It appears to be a generic agreement, with a copyright of 2001. According to W&A, account was opened in 1999.

[janis]

Originally Posted by Enigma

The SOL is six years see Hill vs. American Express.

I don't question the SOL.....I question the way NAF went ahead and arbitrated and granted an award, after I objected. I also question how W&A can get away with not validating the debt and refusing to send a signed agreement. NAF said there is a signed agreement to arbitrate. Where the heck is it? There's a lot here I just don't understand. I'm still reading, and hope to be able, sometime this weekend, to post a draft of my answers and affirmitive defenses.

Thanks, Janis

[janis]

Originally Posted by Enigma

When was the last payment made on the account?

Can you post the card agreement?

Scanned the agreement, but seems to be too large to upload here.....any suggestions?

[janis]

Originally Posted by janis

Scanned the agreement, but seems to be too large to upload here.....any suggestions?

Sorry, I was trying to upload as pdf.....hopefully this works....

[Enigma]

You are well within the SOL. Short of BK, you may not have many options.

I would close all bank accounts or least draw them down to only a few dollars.

The I would start a letter writing campaign. Write to the GA governor, SAG, GA legislators, and congress critters. Start making a lot of noise.

[ilovemydogs]

Originally Posted by janis

I was served on 4-1-08 by county deputy. Superior Court, Pulaski County, Georgia. W&A has submitted Application to Confirmation an Arbitration Award, in the amount of $2,917.38. I have fought these buggers for a year now. I have all my communication from them, as well as all my responses. Also responded to NAF forum.
I have 30 days from date of service to answer.
There is a lot of information on these threads. I have read so much here, and it's all starting to run together. Just when I think I have found something that would probably pertain to my case, I find something else.
If I can figure out how to upload the Complaint, and the Exhibit A from W&A, would someone be willing to look at it and try to help?

Janis

When did you get the award letter from NAF?
How long was it till you got the application to affirm?
When do you have to go to court on this?
I HATE to tell you this but I think you are sinking fast.
I have had TWO lawyers and myself working on an Arbitration award, and I am almost sunk... : (
ILMD

[janis]

Originally Posted by ilovemydogs

When did you get the award letter from NAF?
How long was it till you got the application to affirm?
When do you have to go to court on this?
I HATE to tell you this but I think you are sinking fast.
I have had TWO lawyers and myself working on an Arbitration award, and I am almost sunk... : (
ILMD

I received the award letter 12-26-07. It was dated 12-21-07.
W & A filed with my local court on 3-7-08. I was served on 4-1-08 and given 30 days, excluding day of service, to answer.

Once I answer, how much time do I have before the next step comes up? Do I hit them with discovery now or wait?

[ilovemydogs]

Originally Posted by janis

I received the award letter 12-26-07. It was dated 12-21-07.
W & A filed with my local court on 3-7-08. I was served on 4-1-08 and given 30 days, excluding day of service, to answer.

Once I answer, how much time do I have before the next step comes up? Do I hit them with discovery now or wait?

They waited almost a month for you to get served?
Hmmm
You have to find out what the laws are in your state for arbitration, as here it was 30 days MAA.
FAA is 90 days from award.If you didn't do anything in this time line you are sinking fast.
I don't think you have much of a chance to do anything,your time has come and gone...
All that said, please do not think that I am a loser and a quitter as I have won every case so far, but the NAF one well it is not easy.
Sometimes though you have to face reality and despite all the help you will get here and on other boards, I have found that noone knows it all and if you listen to everyone you may do a TITANIC, and almost go under like I have.
I am bummed for sure but arbitration awards are hard to get overturned.
Almost impossible despite what you have heard.
As for discovery you can forget about that as the grounds for challenging the award are almost non exsistent
How much was the CO? How much do they want now?
Can they attach your paycheck , bank account?
Can you negotiate a lump sum?
How long can judgements last where you are?
I am sorry to give you this bad news, as believe me it kills me to think I have to pay a JDB but I need to cut my losses sooner than later now and you might think about doing so as well.
ILMD

[janis]

Originally Posted by ilovemydogs

They waited almost a month for you to get served?
Hmmm
You have to find out what the laws are in your state for arbitration, as here it was 30 days MAA.
FAA is 90 days from award.If you didn't do anything in this time line you are sinking fast.
I don't think you have much of a chance to do anything,your time has come and gone...
All that said, please do not think that I am a loser and a quitter as I have won every case so far, but the NAF one well it is not easy.
Sometimes though you have to face reality and despite all the help you will get here and on other boards, I have found that noone knows it all and if you listen to everyone you may do a TITANIC, and almost go under like I have.
I am bummed for sure but arbitration awards are hard to get overturned.
Almost impossible despite what you have heard.
As for discovery you can forget about that as the grounds for challenging the award are almost non exsistent
How much was the CO? How much do they want now?
Can they attach your paycheck , bank account?
Can you negotiate a lump sum?
How long can judgements last where you are?
I am sorry to give you this bad news, as believe me it kills me to think I have to pay a JDB but I need to cut my losses sooner than later now and you might think about doing so as well.
ILMD

CO was $2214.86 Now they want $2917.38.
Judgements in my state last for 7 years.
I only have a bank account that can be attached. I can close it.
Only thing in my name is my vehicle. Making last payment on it now. Hope to have my title before they can get judgement. I can't negotiate a lump sum, but could certainly try to work out a settlement with them.
I just really don't know what to do. I have fought them tooth and nail since this started. I have responded to every piece of paper, certified mail......I have responded to NAF, requesting proof I agreed to arbitrate......What can I do?

[ilovemydogs]

Originally Posted by janis

CO was $2214.86 Now they want $2917.38.
Judgements in my state last for 7 years.
I only have a bank account that can be attached. I can close it.
Only thing in my name is my vehicle. Making last payment on it now. Hope to have my title before they can get judgement. I can't negotiate a lump sum, but could certainly try to work out a settlement with them.
I just really don't know what to do. I have fought them tooth and nail since this started. I have responded to every piece of paper, certified mail......I have responded to NAF, requesting proof I agreed to arbitrate......What can I do?

I did not sleep for the last two nights as have tried to think of something I could do and I have TWO lawyers on this, and both said I am sinking and to just try to settle before mine gets turned into a judgement. That said I am going to bed but will respond tomorrow .
I am sorry that you are dealing with this.
It is a bummer,and as far as files and dealing with NAF mine is 5 inches thick@@@!!!!!!!!!!
ILMD

[janis]

Originally Posted by ilovemydogs

I did not sleep for the last two nights as have tried to think of something I could do and I have TWO lawyers on this, and both said I am sinking and to just try to settle before mine gets turned into a judgement. That said I am going to bed but will respond tomorrow .
I am sorry that you are dealing with this.
It is a bummer,and as far as files and dealing with NAF mine is 5 inches thick@@@!!!!!!!!!!
ILMD

ILMD, I'm sorry you have had to deal with it too......Maybe tomorrow will be a better day for both of us.....I really do appreciate your encouragement and support.....I know I'm not alone, and that's half the battle for me.......Have a good nite.....

Janis