Re: MBNA and arbitration ??

Posted by Ken Hoffman (66.217.103.71) on June 07, 2002 at 22:15:17:

In Reply to: Re: MBNA and arbitration ?? posted by Why Chat on June 07, 2002 at 08:25:42:

Why_Chat I would disagree with you about arbitration not beign a valid means to collect a debt. As we know, for the most part a generic collection agency - read as a non-law firm cannot sue in court or bring a arbitration action. When the collection agency is a law firm the rules change. There would be no difference if the law firm sued in a court of law or brings an arbitration action, the ends are the same. If the debt is vaild and owed, the debtor will lose the arbitration action just as they would lose the law suit.

If there are defenses that can be used in a traditional law suit, then they should be considered by rhe arbitration panel. If not the debtor can raise the issue of defenses in the affirmation hearing in court before garnishment takes place.

Of course if it has gotten this far, one should show up at the arbitration hearing, request a dismissal and throw a copy of the BK notice at the attorneys.

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