My question involves collection proceedings in the State of: California
Recently I found out that a collections agency received a judgement against me in limited civil court in orange county, CA for a debt that was charged off in 2001.
1) The debt was charged off by MBNA as of Feb 2001.
2) The debt collectors received an arbitration award in NAF in 2004. They did not send me a summons nor did they send me any other correspondence.
3) Debt collectors, via an attorney, won a confirmation of arbitration award against me in 3/2008. Once again, they did not serve me. They served notice to my sister who lives at the house I used to live in ~5 years ago.
I have several questions.
1) Can I get this court confirmation dismissed based upon the fact that they failed to properly serve me?
a. My understanding is in my request to dismiss this judgement, I must also show that this case should have been dismissed from the beginning. It is not enough to just show that I was not properly served. Is this correct?
2) From my online searches, I gathered that arbitration awards must be confirmed by a court within one year from the date of arbitration award. Is this correct? If so, can I use this a reason for dismissal of confirmation?
3) Is it possible to overturn this decision from NAF? My understanding is you only have a 3 month window in which to file a stay/vacate with NAF. But how am I supposed to do this if I never even knew it existed? Do they have to “serve” me? Or even notify me of the result?