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More and more collection attorneys such as Mann-Bracken, are using arbitration to bypass the regular court process. The arbitration board has to notify and allow the debtor thirty days to answer the filing. However, the only valid defense for a debt is, that the debt itself is invalid; being insolvent or unable to pay is not viewed as a legal defense. Even if the plaintiff wins in arbitration (which is pretty much a given) they will have to submit their claim to the court of venue in the state where the debtor resides to obtain a judgment. The debtor still retains the legal right to claim personal and real property exemptions that are allowed under the laws of the state.

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โˆ™ 2005-11-17 04:11:21
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Q: If your creditor is taking you to arbitration and you are insolvent do you stand a chance with this process?
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