Legal Question in Credit and Debt Law in New York
Ask Court to Vacate Arbitration Award on basis of fraud
Lost Arbitration at NAF - National Arbitration Forum to Bank for $19,110 credit card debt. Now I need to Answer a Petition to appear Kings Civil Court Wednesday August 16. -- My case - I want the Court to Vacate the Award of the Arbitrator for fraud, corruption and misconduct. I never agreed to their deceptive arbitration and would not have. My disagreement was well documented with several served notices. They chose their own biased friends as Arbitrators. I do not accept the debt and want to counter charge them with criminal fraud and deceptive practices of ensnaring victims. I must answer the Petition 7 days before the appearence - August 7 - and appear August 16.
2 Answers from Attorneys
Re: Ask Court to Vacate Arbitration Award on basis of fraud
Courts are very reluctant to overturn an arbitration award. If you have any evidence to support your allegations I would bring them to the attention of the court by (a) setting them forth in your answer and (b) attaching any documentation that supports (a)...You may have waived some rights by appearing and particpating in the arbitration proceeding. You also should have in your possession all documents evidencing the alleged debt and whatever agreement exists to show that you were required to attend the arbitation hearing. I never heard of that forum and if it smells bad the Judge just might go your way... good luck.
Re: Ask Court to Vacate Arbitration Award on basis of fraud
You may be right, But why spend months litigating these issues.
It may pay to file for Bankruptcy and discharge these debts if possible.
Jacob Silver
Attorney At Law
26 Court Street
Suite 2511
Brooklyn, NY 11242
http://www.silverbankruptcy.com
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