Beating Arbitration Award Enforcement

[hannah]

It has recently come to my attention that there have been cases in some states that have beaten mandatory binding arbitration in credit card creditors and/or debt buyer lawsuits to enforce the arbitration award in a court of law. How? Coming soon to this forum.

[jlynn]

Quote:

Originally Posted by hannah How? Coming soon to this forum.

...and then others shortly thereafter.

[VexatiousLitigant]

My initial thoughts on this stand (having done little to no research on the issue).

Are the 1692i protections about venue unwaveable via contract?
Is an arbitration a legal action?

If the answers to both are yes, wouldn't that make 99.9999% of NAF actions an FDCPA violation (although not a defense to the arb award itself)?

[hannah]

Quote:

Originally Posted by VexatiousLitigant My initial thoughts on this stand (having done little to no research on the issue). Are the 1692i protections about venue unwaveable via contract? Is an arbitration a legal action? If the answers to both are yes, wouldn't that make 99.9999% of NAF actions an FDCPA violation (although not a defense to the arb award itself)?

While this is a separate issue, I believe the answer to be "yes".

[tddsmom]

I believe this is the issue I have. Was there ever any new info on this subject?

Thank you

[silverstone]

bump

[VexatiousLitigant]

Quote:

Originally Posted by hannah It has recently come to my attention that there have been cases in some states that have beaten mandatory binding arbitration in credit card creditors and/or debt buyer lawsuits to enforce the arbitration award in a court of law. How? Coming soon to this forum.

Really?

[Dare]

I've researched this subject and written articles about it for other sites. I could post them here if you want - just not clear on what's ok or not here yet.

[tddsmom]

That would be great!

[equery]

Dare. Please dare. Excuse my pun but I'm a little ? from stress. I'm in Oregon and in the mist of a civil suit. Arbitration hearing approaching rapidly. We are mandatory arbitration state...

[Dare]

Quote:

Originally Posted by equery Dare. Please dare. Excuse my pun but I'm a little ? from stress. I'm in Oregon and in the mist of a civil suit. Arbitration hearing approaching rapidly. We are mandatory arbitration state...

Sense of humor always appreciated

The wording of your post makes me wonder though: are you facing court ordered arbitration or contractual mandatory binding arbitration? It makes a huge difference.

[equery]

Court ordered arbitration. Is that a different animal?

[Dare]

Quote:

Originally Posted by equery Court ordered arbitration. Is that a different animal?

Very different!!! You'll be going before an arbitrator assigned by your court. It'll be like going to a hearing with a judge but should be less formal and faster. Check with the court to see if there are any special rules you need to follow.

The arbitrator may take more of a "hands on" approach to your case, asking questions of both sides and directing the process more than you might see a judge do in the courtrooom.

Refusing court-ordered arbitration is basically refusing a court order. NOT A GOOD PLAN!

So basically you should prepare your case just as if you were going to trial in regular court. The suggestions for how to fight mandatory binding arbitration do not apply to your situation. Focus on defending your case.

[equery]

Thanks. That helps a great deal.