Legal Question in Credit and Debt Law in California

Re: Notice of Hearing (arbitration award)

Any type of civil litigation attorney MIGHT be able to help you, but arbitration awards are nearly impossible to overturn because the scope of review is so limited. You've already had your trial before the arbitrator and if you were ordered to arbitration, then the court already determined that you had an agreement with Discovery.

The whole point of an arbitration clause is to keep attorney fees low by PREVENTING appeals. Unless you can show bias or gross misconduct by the arbitrator, chances are you may be stuck with the judgment.

Re: Notice of Hearing (arbitration award)

Was the arbitration based on an "arbitration clause" with the creditor, or was it a means of resolving your dispute while the case was pending in court. Often times, courts will order the parties to arbitrate, but you have the choice of binding or nonbinding, which means you still have appeal rigths in nonbinding. (This is called judicial arbitration) If this is an arbitration pursuant to a contract you should be able to challenge it if you never signed a contract agreeing to arbitration.

In terms of forms, you can obtain Judicial Council Form ADR102, for Judicial Arbitration, Petition for Trial De Novo, and ADR 106 for Contract Arbitration, Petition to Vacate Award.

We can help you with this matter for a reduced consulting fee, or take this matter over for you at the regular rate. We also offer a free initial consultation.

In terms of forms

Re: Notice of Hearing (arbitration award)

The first thing to remember in all of this is that an arbitration award is NOT a court order. It simply means the National Arbitration Forum (NAF) merely made an independent determination in favor of the creditor (which they seemingly always do based on their track history and reasoning behind why most creditors use them in the first place...in our opinion they are NOT objective at all). Thus, this arbitration award MUST be ratified or subsequently heard in a proper court of jurisdiction before any remedies can be legally sought by the creditors at issue, not simply based on the arbitration committee's "nonsense" ruling.

We can ABSOLUTELY help you out here and make sure your rights are FULLY protected, especially from the factual circumstances you have shown in your post. We specialize in this area of the law, and have helped OVER 500+ clients in just 2005 alone with VERY similar type allegations and cases to yours. So, if you would like our timely and effective assistance in prevailing in this matter, contact us directly ASAP before our holiday season legal calendar/caseload completely fills up shortly hereafter. We will offer you complete and very affordable assistance in this matter, and starting by giving you a free phone consultation to get the rest of your facts. Contact us directly for such legal assistance and overall peace of mind.