Thousands of verified Experts are ready to answer your specific questions 24/7.
Satisfaction is guaranteed and you pay your Expert only if you are satisfied.
Just type your detailed question and click "Get an Answer."
In minutes you'll get a response from an Expert. You can always ask follow-up questions.
Happy with your answer? Just click "Accept" to pay your Expert.
Randolph County, North Carolina June 9, 2004 NAF Awarded MBNA/Wolpoff & Abramson Award against me. June 23, 2005 received Complaint and copy of NAF Award by Certified mail, from Dominion Law Associates (DLA). Did not realize I needed to respond. Oct 12, 2005 it was 'auto discontinued' in court records. They did not pursue. January 10, 2007 D L A was notified by Deputy CSC that we had not been served. July 1, 2008 it was MBNA America Bank vs Civil Summons returned to DLA, by Clerk of Superior Court, wrong case number. July 23, 2008 Motion of Entry for Default, Entry of Default and Default Judgment filed FIA Card Services vs . DLA used 2005 mail receipt. Received notice of trial date on June 21, 2009. Trial was July 21, 2009. Judge awarded Arbitration Award to DLA. How can a case that was 'auto discontinued' by the court be reopened four (4) years later? This has been a five (5) battle. How long does DLA have. Do we have grounds for an appeal?
State/Country relating to Question: North Carolina Already Tried: Presented Federal Arbitration Act. Sited NC Superior case. Judge left courtroom came back said was mortgage Arbitration case and did not apply. Judge said NC General Statue 1-569.22 over rules Federal. Also information that NAF is no longer allowed arbitrate. I did not have copy of court records till after trial. It had been over one year (had been five yrs.) Did not realize needed to respond to Complaint in 2005. Did not state that in complaint. Not served in 2005. Do I have grounds for appeal? If so,I have till Friday Aug.21.
You may actually have an appeal, or perhaps better, a motion to vacate judgment on grounds that the court lacks subject matter jurisdiction.
Under North Carolina Rules of Civil Procedure, 41(a)(2), an action voluntarily dismissed by the court at the plaintiff's (your opponent) request may be refiled within one year of the date of dismissal. Under Rule 41(b), an involuntary dismissal, operates as a "judgment on the merits," which means that the case is final, unless the court orders that the plaintiff may refile within one year.
The above represents the only legal grounds for dismissing an action, which would include an "auto-discontinuance."
The logic is inescapable that under no circumstance may the plaintiff refile the case more than one year from the date of dismissal.
This means that refiling a request for confirmation of the award is beyond the subject matter jurisdiction of the court, as it has no power to consider the request.
Hope this helps.
Terms and Conditions: By your continuing in this conversation with me, or by your clicking “Accept”, you are expressly agreeing to all of the following: (1) our communication is for entertainment purposes only; (2) you are not consulting me in my professional capacity as an attorney; (3) you do not seek to establish an attorney-client relationship with me, nor do I with you; (4) you will not rely on anything I say and you will obtain appropriate legal counsel via a traditional/office consultation with an attorney licensed to practice in the jurisdiction where your legal issue arises (and you may not use our communication to avoid taxpayer penalties imposed by the U.S. Dept. of Treasury); (5) by communicating with me in this public forum you are irrevocably waiving any right to privacy, confidentiality and attorney-client privilege concerning the matters discussed. You further separately declare that any payment made by you is not consideration for this contract, nor offered for any services rendered by me on your behalf, but rather is made in genuine admiration and respect for my desire to help others. If you do not agree with these terms and conditions, then you must advise me immediately.
Lawyer
Retired (mostly)
If you could just use my initials instead of name, it would be greatly appreciated.Thank You,I am very torn up about this and hope it is resolved soon. I have really been harassed and abused by the system. My health has taken a REAL turn for the worse. I do believe I have been wronged and would like to see DLA reprimanded for unfair practices. They have been very deceptive. If you have anymore helpful ideas please feel free to pass them on to me. All help is appreciated at this time.Sincerely,JS
I forgot to mention the MBNA Account was charged off 12-2003.. Six months before the Arbitration. Also I Objected to the Arbitration both to Wolpoff & Abramson and the National Arbitration Forum, sent by certified mail with delivery confirmation. Have copy of Objection and Green Receipt card from USPS.
Charge off is irrelevant.
Don't know if your objection to arbitration is relevant. Depends on the specifics of the original arbitration clause. But, the dismissal issue we've already discussed would obliterate all other arguments.
How can they change from MBNA to FIA Card Services ? Even court docket says MBNA.Neither MBNA nor Wolpoff & Abramson exist anymore. But there is a link between NAF, Wolpoff & Abramson and Dominion Law Assoc. Which by the way is located in VA. 2 of their Attorneys are lisenced in NC. They had a 'stand in' Attorney on the day we were there. 6 or 7 MBNA cases and they won them all. There are some very bad 'law' firms out there. They are getting away with so much.To me it is as much Principle as money. Even though we don't have the money. The Judge called the Opposing Attorney to the bench and I saw him point to a page and tell him that was my defense. He would not let me approach the bench nor would he let me give him any of my evidence. I had to give it to other Attorney to go over. So none of my evidence went into the court records. Needless to say I did not have an attorney. Didn't know it was going to be necessary. I thought we had the right to defend ourselves.I must mention, this is the wife of JS you are talking with. I Did a great deal of research before the trial. Thought I had it covered. And we have worked with Financial Solutions since 2003. Son was in horrible auto accident, 3 weeks in a coma, many reconstructive surgeries to his face. So it was medical bills or credit cards. Easy choice.
Dominion Law has another case against us they picked up from Pender & Coward.It also was 'auto discontinued' on 11-15-06. Hope they don't try to reinstate it also.We were never served with anything concerning that case. Their last comunication with the court was July 17, 2006.All the information I have given you is from the court records. I went to the courthouse and had copies made of the complete files.
THIS ANSWER IS LOCKED!You can view this answer by clicking here to Register or Login and paying $3. If you've already paid for this answer, simply Login.
Will do, thank you very much for your time. I will recommend you every opportunity I have.Have a great weekend...Sincerely...