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Appeals


Sent to Legal Experts October 18, 2007 8:15 p.m.

At what point in a Civil Judgment hearing do I apply for an appeal?

Optional Information:
Zephyrhills, Florida

Already Tried:
Hearing on Nov 8th Doing internet research on Chase bank and there arbitrator
Customer (name blocked for privacy)
Status: Closed   Value: $15   
Answer
October 18, 2007 8:23 p.m. (8 minutes and 22 seconds later)

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PictureDave Kennett  -- Lawyer (JD) -- 100% Positive Feedback on 2373 Legal Accepts
25 years experience in general law, including real estate, criminal, traffic, and domestic relations
6/25/2008 to 7/2/2008
Reply
Sent October 18, 2007 8:27 p.m. (3 minutes and 46 seconds later)

I'm trying to get the arbitration vacated because of it being bias and the possibility of internet fraud on the account. I was told for the best thing to do for an appeal is to object as often as possible before doing so, I have a number of objection already and it has not gone to hearing yet. I object that the plaintiff was granted the right to have the hearing by telephone and the fact that they are only giving me 10 min. to refute anything. I thought I had the right to eyeball my accuser plus I do not know who is listening on the other end. The ten minute thing sounds to me like an automatic gag order.

Edited by Customer (name blocked for privacy) on October 18 2007 at 8:35pm
Customer (name blocked for privacy)
Answer
October 18, 2007 8:32 p.m. (5 minutes and 6 seconds later)
REPLIED Check Mark

If this arbitration was voluntary and binding then you may have a problem. If it was ordered by the court and a decision has been made then there should be appeal procedures available to you. If you can prove some type of fraud was involved to induce you into the arbitration then you could file a motion to vacate with court.

David Kennett - JD - Attorney at Law



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David Kennett - JD - Attorney at Law
PictureDave Kennett  -- Lawyer (JD) -- 100% Positive Feedback on 2373 Legal Accepts
25 years experience in general law, including real estate, criminal, traffic, and domestic relations
6/25/2008 to 7/2/2008
Reply to Dave Kennett
Sent October 18, 2007 8:43 p.m. (10 minutes and 32 seconds later)

It was in the credit card contract,(You know the one where they pick and PAY the arbitrator NAB) but I want the court to vacate it and order a court arbitration.I have e-mails from Chase bank about the fraud attemts but no follow up from them.

Not long now for another Question.

Edited by Customer (name blocked for privacy) on October 18 2007 at 8:49pm
Customer (name blocked for privacy)
Answer
October 18, 2007 9:33 p.m. (50 minutes and 55 seconds later)
ACCEPTED Check Mark

You need to read the contract to see if there are any appeal procedures you must follow first. At some point you may have to file an action against them in a court similar to a counterclaim.

Dave Kennett



__________________
Please click "Accept" if you are satisfied with my answer. Thank you for using Just Answer.
David Kennett - JD - Attorney at Law
PictureDave Kennett  -- Lawyer (JD) -- 100% Positive Feedback on 2373 Legal Accepts
25 years experience in general law, including real estate, criminal, traffic, and domestic relations
6/25/2008 to 7/2/2008

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