[ATGeorgia]

[Urgent Help

Credit card debt - I had a "court" case yesterday in Georgia via arbitration. I cannot afford an attorney and so did my best to look up all the info I could. This card was supposedly opened in 1997, originally defaulted in around 1999-2000, partial payments made via Genus credit counseling in 2000-2001.

Then unknown to me, Citibank sold the debt to a collecting agency, who never send me a letter regarding the debt. Then in March 2004, a civil suit was filed by the collecting agency, who never mentioned who they were collecting for. I responded to the suit that I had never heard of them or the debt.

Then, nearly 3 yrs later, I am forced to go to arbitration and I tried to use the GA statute of open accounts 4 yrs and the arbitrators, who made derogatory comments about me during the proceedings, said that it was 6 yrs and that the suit "stopped" the clock even tho they didn't have the statue # or couldn't state it. Plus I couldn't ask questions (not that I knew what kind of questions to ask) of the Plaintiff since "they" only their lawyer was there.

I tried to dispute - kept saying I didn't know and I assumed but since all this happened in 1997 I didn't know and didn't have any documentation (credit card bills) and they said that meant I was agreeing and now I owe over $8K (the orig debt was supposedly $3K). I am terrified and angry at how I was treated and how I am going to survive being that is more than I make for nearly 1/3 of a year. Then they tell me to go find Indigent Legal aid (no one in the arbitration office even thought they existed) after the proceedings were over. I feel railroaded.

But now I only have 30 days to appeal what happened. Can anyone help me?

Desperate in Georgia,

[Mr. Knowitall]

Is this binding arbitration? Who do you appeal to?

[ATGeorgia]

Sorry for the delay, but couldn't get logged back in.

I am unsure if the arbitration is binding or not. How would I determine that? I have been spending time trying to find an attorney that will assist me and not put me in bankrupcy (which I can't afford) for this one case.

After being blindsided in arbitration, I have realized that the plaintiff (the credit card collection agency) never provided me with debt validation documents proving that the debt was actually mine nor left me with any documents at all to determine whether this case is valid or not. I don't know if appealing with stop possible garnishment, but I have to do something from being railroaded. They knew to come after me since I didn't have an attorney present and I don't even know if I can afford to have one now. I need to know how to stop these people in Georgia from putting me on the street.

Thanks,
Angela

[aaron]

Look at the contract governing your arbitration.

[ATGeorgia]

Forgot to mention the appeal goes to the County and State, plus arbitration office. I called the Arbitration office and they left me a message - to send a pleading letter (I think that's what she called it).

I'm meeting with attorney now (not sure if I can afford his services), but I don't have any of the original documentation on this card as it was from 1996-1997. I'm not even completely sure this card is actually mine.

During the arbitration hearing, the plaintiff's lawyer produced some documents but didn't let me keep them and I just got to see them for a few minutes. I'm not sure if the arbitration office has a copy or not, but this is part of the validation of the debt I never received. I'm flying blind without copies of their documentation proving that I made these debts and owe them. They didn't produce credit card statements of charges either.

[ATGeorgia]

Update:
Attorney said court motions (for appeal and discovery) plus court appearance would cost me $1500. I am scrambling to find that much. Is this feel standard or outrageous?

Also, the arbitration was non-binding. I just now have to fight them in front of a judge.

Should I go it on my own or get an attorney?
Once again,
Thanks,
Desperate in Georgia

[Mr. Knowitall]

If you're not comfortable with the price quoted, call around to see if you can find a lawyer you trust who will do the work for less.

[ATGeorgia]

Well it's not that I'm "uncomfortable" with the attorney fee, but I have to figure out how to pull together that money (even on a payment plan).

Unfortunately, I haven't had any luck in finding an attorney to take this as most debt in the Atlanta area do bankrupcy only. I've even called the atlanta bar and didn't get many possibles.

It's coming down to the wire for me to file my appeal, and even tho I might be able to handle writing the appeal/demand for bench trial on my own, and possibly even file discovery motions myself (based on how the plaintiff attorney wrote his), I'm not sure I'll ask for the right things. And after being bombarded by an attorney in just a non-binding arbitration hearing, I know I need some backup when it comes to the actual bench trial.

So, is $1500 too much for an attorney to charge me for filing several motions and going to court? Does anyone know? I'm trying to not be taken to the cleaners by more than 1 person at a time. I'm still "shopping" around but hitting more brick walls and I'm about at the end of the line.

Thanks!!!

[ATGeorgia]

Has anyone ever heard of or used the following sites? I am still trying to figure out how to pay an attorney - because in reality - I don't have the money and am borrowing from every card just to scrap up 2/3 of what they want. So, if anyone can direct me to a site to do this myself, I would be eternally grateful! And thanks to all those who have posted so far...

http://www.jurisdictionary.com
http://www.answers.com/topic/lawsuit

[aaron]

The first site sells a product of some sort. Oversells, really.

The second is a dictionary definition, surrounded by ads. I think you're looking at an ad.