Legal Question in Credit and Debt Law in New Jersey
How to answer interrogatories
I recieved a set of Interrogatories from an attorney concerning an Arbitration Award that MBNA got which they should have never received. Now Pressler and Pressler have taken over to try to turn the award into a judgment in my state. The award was won by MBNA(Wolpoff and Abramson)in the National Arbitration Forum in Alabama. Now I'm faced with answering these Interrogatories from Pressler and Pressler. I've Disputed the debt before the Award was won and I've asked that the debt be Validated before the award was won and again recently. I have never received anything from Wolpoff or Pressler validating the debt. I need to answer these Interrogatories concisely stating that I do not owe this debt and I'm not sure how to go about doing that. The questions are very in-depth and confusing to an extent. I'm not exactly sure if you could help me with this without seeing the interrogatories, but any help or guidance you could give me would be greatly appreciated.
Thank you very much for your time.
2 Answers from Attorneys
Re: How to answer interrogatories
Answering these Interrogatories by saying you don't owe the debt won't help. The attorneys who sent them to you already have a legal determination that you do owe it. If you want to challenge that you'll have to read a copy of the arbitration rules. If it was handled by the American Arbitration Association you can find them by using Google. Arbitration awards are not usually appealable except on narrow grounds of fraud or wrongdoing.
If the Interrogatories look the ones at this link http://www.judiciary.state.nj.us/rules/app11l.pdf then they are standard Court Interrogatories which I can help with if you give me a question number. Otherwise, you'll need to have an attorney look at them which would be wise in any case but also to ask him/her if you have grounds for challenging the arbitration award itself.
Re: How to answer interrogatories
Your question does not have a lot of the information needed to advise you as to what steps you can take. You might want to attack the arbitration award, or you might want to fight it in the New Jersey courts.
Please contact my office if you wish to hire an attorney to assist you. I have a great deal of experience representing both creditors trying to collect bills, and individuals and companies fighting them.
973 890 0400