DebtConsolidationCare [A+ on BBB] Logo
DebtConsolidationCare Forums
Discuss your problems and get out of debt
Get honest and blunt feedback on your debt issues from Experts for FREE
For Free Debt Counseling: Call 800-DEBT-913 or

Default judgement AFTER arbitration?!?!

member profile picture
Posts: 4
Credits: 317.25
[Donate]

Hi,
I was served in nov 2010 by JDB. Also listed was "John Doe" as my husband. I filed MY reply, response to interrogations, and a arbitration date was set. 1 week before the arbitration dat, JDB states they never served my husband and arbitration date was moved back 10 days to allow for him to be served. He was served July 1st (still as john doe) and we had arbitration on July 5th. He did not file a response with the clerk of courts but we were both listed as defendants and awarded judgement in our favor (in both of our legal names). Now we get a copy of JDB's request for default against my husband in the mail. How is that possible?
Thanks in advance for any helpful info,,,




Good Nelly


Posts: 2358
Credits: 50108.75

Sub: #1 I think you should consult a lawyer regarding this matter. An ex
Mon, 08/08/2011 - 02:10

I think you should consult a lawyer regarding this matter. An experienced lawyer can give you the best advice on this issue.




SOAPLADY


Debt Samaritan
Posts: 17211
Credits: 474637.13869987

Sub: #2 Nelly...attorneys are expensive. There is a lot they can do for
Mon, 08/08/2011 - 06:38

Nelly...attorneys are expensive. There is a lot they can do for themselves.

Do you have a copy of the arbitration transcripts? You won the arbitration? Then you should have some documentation...did you both follow the terms of the arbitration? Was it binding or non binding? Please give us more information.




Turtle
Posts: 4
Credits: 317.25

Sub: #3 The arbitration award does state the defendants are awarded judg
Tue, 08/09/2011 - 03:31

The arbitration award does state the defendants are awarded judgment and lists both my husband's name and myself. I called the clerk of courts today and they stated no default against my husband has been filed. Maybe they only sent this request for default to us???? This "law firm" provided no response to my request for discovery documents and is just hoping to catch a break and win some way. At arbitration the only document the lawyer brought with him was a affidavit signed by some "employee" of the credit card.




paulmergel


Posts: 15508
Credits: 135761.15272958

Sub: #4 a question
Tue, 08/09/2011 - 06:19

this smells bad.who is the JDB?i wouldn't put it past a few i know to try and con money out of someone even after they lost.again who is this JDB?that would tell alot here.




Turtle
Posts: 4
Credits: 317.25

Sub: #5 It's Jerold Kaplan Law office. These guys are unbelievable!! O
Tue, 08/09/2011 - 23:39

It's Jerold Kaplan Law office. These guys are unbelievable!! Original loan was with Bank of America/FIA Card services.




paulmergel


Posts: 15508
Credits: 135761.15272958

Sub: #6 time to sue this idiot
Thu, 08/11/2011 - 06:37

here is the deal.you checked with the court and there is no judgement.what a shock googled this idiot and he was sued before for this very thing.google the name and you will see it.you need to go to www.naca.net and find a contingency FDCPA lawyer and sue this bottomfeeder for thier actions.bottomline you won i binding arbitration.no court would take this as all you would need is that paper from the arbitration to have this stopped.this slimely place knows this.that's why they sent a phony illegal letter.to con you.again time to sue them as others have in the past.




Turtle
Posts: 4
Credits: 317.25

Sub: #7 I emailed my arbitrator stating that I received this letter last
Fri, 08/12/2011 - 22:23

I emailed my arbitrator stating that I received this letter last Friday evening....Wednesday I receive a copy of his reaffirment of the award to both me and my husband. The arbitrator also sent copies to the superior court and to the "plaintiff" and his (jdb) lawyer. He also made a point of stating my husband was not served properly and the request for default against him was bogus. Oh how I love his letter!!! I should frame it :) thanks for all the imput




firestarter888
Posts: 8
Credits: 430.9

Sub: #8 Hi Turtle, I sent you a private message. please read it
Thu, 08/25/2011 - 00:17

Hi Turtle,

I sent you a private message.

please read it and let me know.

Thanks




Add new comment

Attachment
More information
  • Files must be less than 2 MB.
  • Allowed file types: txt pdf jpg jpeg png.
CAPTCHA
This question (Case Insensitive) is for testing whether you are a human visitor and to prevent automated spam submissions.
Image CAPTCHA

Share post

Page loaded in 4.876 seconds.