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patsgunrepair · Jun 8, 2009, 09:55 PM

I'm hoping that someone here can help me with stopping an arbitration award from turning into a judgement. Here's what's happened so far:I've received the papers from the court that Gurstel, Staloch & Chargo. P.A. (attorneys for Chase Bank) want the court to convert the arbitration award from National Arbitration Forum to a judgement. I've asked Gurstel for validation of the debt and they sent me a copy of the arbitration award. I've been doing some reading on the net and have found lots of information about arbitrations. But like most of us on here don't know if what we read is true or will even work. So has anyone fought these arbitrations and won? If you have what was your defense? I also read where I would be able to tell the court that I'm not aware of the arbitration clause in the contract between me and Chase Bank (I also asked Gurstel for that document but haven't received). Will this work? Also I would like to respond to the Amended Notice of Motion and Motion to Confirm Arbitration Award which by the way appears to be written up by Gurstel. I'm afraid I don't know the proper procedure and wording to do this. Any help will be greatly appreciated!!

Pat

stevetcg · Jun 9, 2009, 11:59 AM

Who attended the arbitration for you?

patsgunrepair · Jun 15, 2009, 07:56 PM

No One, I was notified of the arbitration but thought how can they do this without my consent. I've asked for a copy of the agreement stating that I had agreed to the arbitration but haven't received it as of yet. I have a court date next month and was wondering if I stood a chance at challenging this?

stevetcg · Jun 16, 2009, 03:41 AM

Your credit card agreement no doubt had an automatic arbitration clause in it (which by the way you probably pay for). You were notified of the arbitration and did not attend? Did you expect someone there to look out for your interests?

Do you stand a chance at challenging this? Well... do you have a lawyer and is the debt invalid? If you answered yes to both of those questions, you have a good chance. If you answered no to either of those questions, you stand almost no chance.

patsgunrepair · Jun 17, 2009, 07:42 PM

Thanks for the help with this. I figured I had no chance to challenge this. One last question and I'm sure it's going to be flamed at, but is it worth my time to show up to court? If I'm going to lose than why waste my time right??

Fr_Chuck · Jun 17, 2009, 08:08 PM

Well I guess if it never a waste of time, but yes most likely they will win either way if this is a valid debt and if you have not paid it