Arbitration, Mediation, and Dispute Resolution

If your creditor is taking you to arbitration and you are insolvent do you stand a chance with this process?


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2005-11-17 04:11:21
2005-11-17 04:11:21

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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Non-existent. Biological evolution is mediated by natural selection, and, ultimately, by the very laws of physics themselves. Chance may play *some* role in the process, but it is not all of the process.

The phrase "tax your reserves" means to use reserve funds to conduct the business instead of saving them for possible business expansion. When a company uses up its reserves there is a good chance the company will then become insolvent.

Depending on the person who gave you the loan, there is a real chance that they may attempt to repossess your boat from you. It would be best to try to see if a payment plan can be worked out with your creditor.

yes, in various amounts but its always there!Yes, whenever they get the chance - and sometimes even if they have no chance.It's all part of the process.

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It is possible for a creditor to receive a judgment by default when the debtor does not appear on the date of the trial (hearing). In most instances all that is needed is for the creditor plaintiff to make a reasonable attempt to serve the person named on the civil summons and not necessary for the summons to be physically placed in the defendant's hands.

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It may be possible, so contact a local lawyer who practices in this area. It is possible that a judgment creditor in one state can sue on the judgment in your state and have it entered as a lien in your state on your house. If the out of state judgment was gotten properly, i.e. with all due process requirements being met, you will not have an opportunity to contest the facts of the complaint. The court will rule that you had your chance in the other court to do that.

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Best chance: Make sure your 401k plan administrator files a claim as a secured creditor, which you of course won't protest.

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Technically the day after the due date (the date the payment should have been made) however, most companies understand that financial transactions can be held up in systems i.e. payment due on a Sunday as far as the date is concerned but the bank will not process until Monday. To give the "process" every chance to catch up most companies allow a 30 day time-line. It must be noted that this allowance is NOT mandatory and a creditor can mark you the day after due date.

It depends on if the debt has been charged-off. Typicall after a debt is charged-off the original creditor has a specific time period depending on the state in which the debtor reside to file suit to obtain a judgment in order to force the repayment of the debt. If the time period mentioned above elaspes without the creditor filing suit then typically the answer would be that the debt does not need to be repaid. However, if you made partial payments to the creditor after the charge-off date you have started the clock over on that time period and the creditor get another chance. The best thing to do is contact a bankruptcy attorney for all the detail concerning the specifics of you particular situation.

For donors, the process of giving blood is very safe. Only sterile equipment is used and there is no chance of catching an infection from the equipment. There is a slight chance of infection at the puncture site if the skin is not properly washed

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