John Smith

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Let me write about arbitration and the rejection of it. If people want to beat it then they are going to have to lay the appropriate groundwork before it ever gets to arbitration or to court. DeWayne Flint has demonstrated the importance of that and although it needs to be somewhat modified each time it is used so that it fits one's specific situation, it is probably just about as good a candidate for election to the form letter halls of fame as is likely to be invented for a long time to come and that because it was the foundation stone for the argument that won DeWayne's day in court.

DeWayne's letter of rejection of arbitration is to be found here and I think it is indeed a masterpiece.

Arbitration has always been a big bugaboo until DeWayne came along with his win against NAF and MBNA and pretty well showed us the way to get the job done which is to start off at the first signs of the ugly beast.

That means that when the attorneys send you their first letter talking about arbitration one needs to immediately fire back quickly demanding validation of the attorney and in a seperate letter reject arbitration. Then when NAF sends you a letter stating that the debt is going to be arbitrated on such and such a date you need to hit them with the same two letters and of course they need to be sent certified mail return receipt requested.

Then sit back and wait for the inevitable award to be entered against you.

I have heard of a couple of cases where NAF has refused to arbitrate when presented with such letters but the likelihood that just those two letters will

have much impact on them can probably best be judged by the fact that NAF brags on it's website that 95% of all cases brought to them for arbitration result in awards for the plaintiff.

Once the plaintiff has his award Wolpoff or Mann Bracken or whoever will probably attempt to use it to browbeat the debtor into paying but the savvy debtor will simply keep on sandbagging and they will finally send it to an attorney local to the debtor and have that attorney attempt to reduce it to a judgment.

When (and if) the local attorney contacts the debtor with a demand for payment letter the educated debtor would immediately send the local letter yet another set of the same letters he has sent before demanding validation and rejecting arbitration. The local attorney will probably proceed right on to court ignoring those two silly (he thinks) letters and taking it as a refusal

to pay.

So the next thing the debtor knows he hears a knock on his door and upon opening it he finds himself face to face with a process server who hands him the lawyer's summons to court. Consumers who have laid the proper ground work should then wait until maybe 5 days prior to the time they must answer or be in default and go down and file a properly prepared answer to the complaint in which he yet once again denies that he ever agreed to arbitration. That is a very simple process indeed but there are steps that must be taken in order to be in compliance with the court's local rules of civil proceedure. The usual things such as making sure that you have filed your answer with the county clerk, prepared a certificate of mailing and send a copy of both to the plaintiff's attorney.

And as the growth of electronics and computers slowly but surely invades our court rooms more and more courts are starting to demand that all filings, pleadings and whatever must also be provided in electronic format, I think the safe thing to do is to always prepare a diskette or a CD to include in all notifications to the plaintiff's attorney. Doing so also gives the debtor some other advantages in that as the paper trail of what he has previously filed with the court and provided to the plaintiff's attorney can be included in each new diskette or CD sent to the plaintiff's attorney thereby adding to the paper trail and the possibility that the attorney might just turn tail and run realizing that he is up against someone who is extremly well organized and prepared to do battle.

Once the judgment date arrives one needs to go to court and again reiterate to the court that he has rejected arbitration in writing many times and has never knowingly agreed to arbitration and state that in order for arbitration to be binding both parties must knowingly agree to it.

But winning that day in court should not be seen as any real victory but rather as just the first step in a fairly long and involved process that most are going to need help with in the future. Upon losing their demand for judgment based on the arbitration award the debtor can be sure that they will quickly come back to court with a simple demand for judgment forgetting all about their first failed attempt and this time they are going to be well aware that getting a judgment just might not be as easy as it normally is.

But if the debtor is a well trained Creditwrench student he will have built up a solid wall of defense that even the most seasoned attorney will not be prepared to cope with. He will be completely and totally blindsided by Creditwrench methods and won't have a clue as to how to deal with it. In fact, he can't possibly deal with it because his client will have already screwed the pooch for him many times over and there is nothing he can do about that once the damage is done.

Just as Creditwrench is a series of well orchastrated letters designed to get a certain task accomplished, it also builds a rock solid defense against judgments in the event that should become necessary.

And once the summons is received the defendant is also well prepared to present an impenetratable and invincible defense which will also turn out to be of great value if he decides to sue the plaintiff or the attorney later. In case the defendant does decide to take it to the next level he will be going up against a plaintiff who does not stand a crying chance because the previous court will already have adjudicated his guilt.