Just got served court paper, Please help

[legaleagle]

We can't show you how to answer something we never saw. Post the complaint, otherwise you may make an answer that will hurt your chances. Complaints are very easy to answer if you know how.

[Pallybear]

I submitted my answer to the court clerk and also mailed a copy to the attorney that's representing Livingston Financial LLC. (Certified Mail with return receipt etc)

I just received a letter from the court house today

Notice of Scheduled Court Proceeding

Pursuant to Uniform Trial Court Rule Chapter 7. this case has been identified as being ready to be assigned a trial date. Except for substantial hardship shown to the presiding judge or her designee, this case must be assigned a trial date that is no later than eleven months from the date of filling.

Then it tells me how to set up the date and time etc.


This came as a shock to me, I thought maybe i will go through the discovery process? I know that all civil litigation in Oregon has to go through mandatory arbitration, so what exactly happens after i set the date?

UGH!

[Seadragon]

This is just putting the case on a judges calendar.
the court rules trial within 11 months so you need to think what you have to do before trial.

They want to schedule this out as far as possible, you are going to want this within 100 days.

find out the discovery dates then I would add like 30 days and then schedule trial for that.

for example:

they have x amount of days to anser requests for production
find out which one has the longest of any you will use and schedule trial for 30 days after that.

the court will like that and that should stop the SJ motion they might try to file.

So get your discovery requests out asap and then schedule trial for soonest after you get the discovery.

I see this as your best strategy.

Look up samples of request for production
form interrogatories if available
interrogatories
request for admissions

and if they identify a witness subpoena them for trial.

Good job gutting it out and answering they will probably send you discovery.

also look at the rules of civil procedure for your state on this link:

2009 Oregon Code :: US Codes and Statutes :: US Law :: Justia

and google is your friend in this fight

there are good things to fight for the typical issues are standing to sue, witness lack of personal knowledge, improper authentication, and their prior bad acts in other cases.

[Pallybear]

After weeks of not hearing back from the good honest lawyers of Livingston LLC. I thought I was getting a breather. Then I received this in the mail

Plaintiff's First set of Request for Admissions

&

Plaintiff's First Request for Production of Documents


After spending a few hours poking around the forum and doing research. Most of the request seems easy to answer. Stuck on the last 2, I am not quiet sure how to handle it, can any of the expert here give me a few clue?

Request No 6

Admit that you have no evidence to disprove or defend against Plaintiff's claim in the action

Request No. 7

Admit that if Plaintiff has received assignment of this Account from the US BANK (or some other assignee), you have no evidence indicating that such assignment was invalid.

[Pallybear]

Can any one help me clarify a few things regarding to request for Production

The plaintiff send this

1. Any documents that relate or refer to the Plaintiff's claims or your defenses in this Action




Do i have to send them a copy of the summon, answer etc paperwork that they already have?

[BV80]

Originally Posted by Pallybear

Can any one help me clarify a few things regarding to request for Production

The plaintiff send this

1. Any documents that relate or refer to the Plaintiff's claims or your defenses in this Action




Do i have to send them a copy of the summon, answer etc paperwork that they already have?

If you have no documents that support your defense, and if it were me, I'd state "None at this time."

Have you sent discovery requests?

[legaleagle]

They are fishing for evience that they need to win, and they are hoping you'llbe stupid enough to provide it for them. BV80 is right, give them nothing. I would object on the grounds that the request is overly broad and vague. The lack of specificity makes it impossible to comply with.

[Pallybear]

I did receive another letter from another debt collector for the same debt (as it appears) so i went ahead and sent a copy of the collection letter to them. I thought maybe that will force them to prove the rightful ownership of the debt.

The Plaintiff is definitely a JDB and I have some doubts that they have all the paper work in the right order, but i could be wrong.

I got a letter a few days ago regarding to mandatory Arbitration since I live in Oregon. During my research i came across another forum regarding to mandatory arbitration.

I am not quiet sure i understand what they are talking about when refering to File a petition to compel contratual arbitration with JAMs?

Could anyone shed some info on this please?

I am going to send the Plaintiff request for Admission and Production next on Friday, should i file motion for dismiss if they don't show proof of agreement or paperworks?

This process is driving me crazy

[legaleagle]

Motions to dismiss are usually due to venue, insufficient process, or lack of jurisdiction over the person or the matter. What you are referring to is commonly called summary judgment, very hard to win at early stages. ARB is a good strategy against a JDB, they won't spend the money. It can cost thousands.