LostInPdx

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About LostInPdx

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  1. @shellieh98 - Yes, I did use Huey's answers. I filed them today. I'll let you know how it goes. A side note, I received a request for documents which is asking for any formal complaints I may have made to Citi Financial/Wickes Furniture. I have no documents to file so I don't know how to respond. Also, I received a request for admissions. This included the bill of sale, same statement from October 2008 and a document indicating CitiFinancial charging off the account - although there's no CitiFinancial logo or letterhead. I'll scan those and paste them here later.
  2. Midland is a licensed collection agency in Oregon. Here's information on who needs to be licensed: http://licenseinfo.oregon.gov/index.cfm?fuseaction=license_seng&link_item_id=1734 The weird thing is that before Midland sued me, Daniel Gordon P.C. was collecting from me. I made 3 payments to Daniel Gordon through their website. They said they were collecting on behalf of Midland though.
  3. Last week I received a response to my Debt Validation request. It was a letter stating that they now consider their obligation complete and expect full payment on this account immediately. Here's what my DV requested: An explanation of what the money owed is for. An explanation of how the amount owed was calculated. Copies of any agreements signed obligating you to pay for the debt. Provide copies or other verification of any judgment (if applicable). Prove that federal and state statue of limitations applicable to the debt have not expired. Identify who the original creditor of the debt was. Provide verification that the collection agency is licensed to collect in my state. Provide their license numbers and registered agent. Here's what they provided: A Citifinancial Retail Services statement dated 10/05/08 with a new balance of $2,6XX.XX and Minimum Due of $69X.XX A Bill of Sale and Assignment to Midland Funding which does not state a value of the account and have a signature of Michael Taulbee. It is dated April 22, 2011. It is not notarized (I'm not sure that matters). It looks like a photocopy. Does this answer my questions, or denial of knowing that Midland is authorized to collect on this account? Should I revise my Answer before filing it this week? They did not provide any more information regarding the account. No signed contract. No proof that they are authorized to collect in this state (Oregon).
  4. Thanks Huey Pilot & BV80 for your input. Two questions, 1. If I win (which I plan to), and the Plaintiff does not provide proof of ownership, who do I owe my debt to? 2. If I win without prejudice, what do I do next? Obviously, this could all be dropped after DNGPC receives my DV tomorrow via certified mail, but I doubt that will happen. Also, Huey Pilot, can you post a link to your thread about your case?
  5. Here's what I've come up with for my Answer: ANSWER TO THE COMPLAINT The Defendant, XXXXX XXXXXX (hereinafter “XXXXXX”), hereby file their Answers and Affirmative Defense to Plaintiff’s Complaint and states as follows: 1. XXXXXX lacks sufficient knowledge to the allegations and demands Plaintiff provide proof and validate a debt owed to them. 2. XXXXXX admits allegation made by the Plaintiff but does not possess original contract, which originated in 2006, and demands Plaintiff to provide a copy of the original, signed contract to the court. 3. XXXXXX admits to allegations made by Plaintiff. 4. XXXXXX admits to allegations made by Plaintiff. 5. XXXXXX admits to allegations made by Plaintiff. 6. XXXXXX lacks sufficient knowledge to the allegations made by Plaintiff. 7. XXXXXX denies the allegations and demands Plaintiff provide proof of debt owed to them. 8. XXXXXX denies the Plaintiff’s request to the Court to contact third persons and reveal the Defendant’s debt as protected in the Fair Debt Collection Practices Act (FDCPA) WHEREFORE, the Defendant demands this court dismiss with prejudice the above style action. AFFIRMATIVE DEFENSE Defense 1. The Plaintiff must provide proof and validate a debt owed to them by the Defendant. Defendant has requested a Debt Validation to be provided by Plaintiff’s attorney. Defense 2. The Plaintiff’s claims are barred, in whole or in part, by the doctrine of the State of Oregon’s Statue of Limitations, as defined in ORS 12.080, requiring Plaintiff to file complaint within six years of the originating contract. WHEREFORE, Defendant requests the Court to dismiss the Plaintiff’s Complaint with prejudice. I HEREBY CERTIFY that a true and correct copy of the foregoing was sent via U.S. mail to the Clerk of Multnomah County in Portland, Or, and to Daniel N. Gordon, P.C., 4023 W 1st Ave, Eugene, Or. 97402 this ____ day of April, 2013. ---------------- Any suggestions on this would be appreciated.
  6. IN THE ClRCUIT COURT OF THE STATE OF OREGON FOR MULTNOMAH COUNTY MIDLAND FUNDING, LLC, Plaintiff, vs. XXXXX XXXXXXX, Defendant. SUMMONS XXXX XXXXXXX, XXX S.W. XXX Pl., XXXXX, OR 9XXXX IN THE NAME OF THE STATE OF OREGON: You are hereby required to appear and defend the COMPLAINT filed against you in the above-entitled cause within thirty (30) days from the date of service of this Summons upon you, and in case of your failure to do so, for want thereof, Plaintiff will apply to the Court for the relief demanded herein. NOTICE TO THE DEFENDANT: READ THESE PAPERS CAREFULLY!!! You must "appear" in this case or the other side will win automatically. To "appear" you must file with the Court a legal paper called a "Motion" or "Answer". The Motion or Answer must be given to the Court Clerk or Administrator within thirty (30) days along with the required filing fee. It must be in proper form and have proof of service on the Plaintiffs attorney or, if the Plaintiff does not have an attorney, proof of service upon the Plaintiff. If you have any questions, you should see an attorney immediately. If you need help in finding an attorney, you may contact the Oregon State Bar's Lawyer Referral Service online at www.oregonstatebar.org or by calling (503) 684-3763 (in the Portland Metropolitan area) , or toll-free elsewhere in Oregon at (800) 452-7636. DANIEL N. GORDON, P.C, ___________________________________________________ Plaintiff alleges: BREACH OF CONTRACT 1. Plaintiff is a limited liability company, which for good and valuable consideration purchased Defendant's CitiFinancial, Inc./Wickes Furniture charge account and contract and all of the associated rights thereunder. 2. Defendant, an individual residing in Multnomah County Oregon, entered into a contract with CitiFinancial, Inc.IWickes Furniture for a charge account. The charge account was issued to Defendant under the account number XXXXXXXXXX. 3. CitiFinancial, Inc./Wickes Furniture supplied the charge account to Defendant subject to certain terms and conditions regarding its use, as set forth in the Terms and Conditions document supplied to Defendant at the time of opening the account. 4. Defendant thereafter used the charge account and became indebted to CitiFinancial, Inc./Wickes Furniture. 5. CitiFinancial, Inc.lWickes Furniture performed its obligations under the terms of the contract. 6. Defendant breached the contract by failing to make payment(s) as agreed. As a result, Defendant's charge account was charged off for delinquency on September 30, 2008. 7. As a result of Defendant's breach, Defendant is indebted to Plaintiff in the sum of $1,103.28, which includes principal and interest, plus interest at the state statutory rate of 9% per annum from September 30, 2008 until paid. Plaintiff is also entitled to actual costs and disbursement, with interest thereon at the current legal rate of 9% per annum from the date of judgment until paid. 8. Pursuant to the Fair Debt Collection Practices Act (FDCPA), 15 USC §1692c, the Court should authorize Plaintiff and its attorneys to contact third persons and entities for the purpose of collecting its judgment entered in this Court. The Court should also authorize Plaintiff and its attorneys to reveal the existence of Defendant's debt to such third persons and entities. WHEREFORE, Plaintiff prays for judgment against Defendant as follows: 1. The sum of $1,1XX.XX, which includes principal and interest, plus interest at the rate of 9% per annum from September 30,2008 until paid; 2. Plaintiff's costs and disbursements incurred herein, with interest thereon at the rate of 9% per annum from the date of judgment until paid; 3. Authorization for Plaintiff, its agents, attorneys and assigns to contact third persons and entities for the purpose of collecting its judgment entered in this court and to reveal the existence of Defendant's debt to such third persons and entities. Dated this 5 day of March, 2013.
  7. 1. Who is the named plaintiff in the suit? MIDLAND FUNDING, LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Daniel N. Gordon, P.C. 3. How much are you being sued for? $1,100 4. Who is the original creditor? (if not the Plaintiff) CitiFinancial/Wickes Furniture 5. How do you know you are being sued? (You were served, right?) Served Summons & Complaint 6. How were you served? (Mail, In person, Notice on door) Certified Mail 7. Was the service legal as required by your state? Yes 8. What was your correspondence (if any) with the people suing you before you think you were being sued? They had contacted me by phone. I had made payment arrangements and had missed the past two months. 9. What state and county do you live in? Multnomah County, Oregon 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) January 2013 to the debt collector. 11. What is the SOL on the debt? To find out: 6 Years 12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). Case number issued. I need to file my answer. 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No 14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late. I sent it out today. 15. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit? They gave me 30 days from the date it was filed. The complaint stated March 5th as the date it was filed, although I contacted the court and they have it on record that it was filed on March 14th bu do not have a record of it being served. They asked me when it was served and I told them I don't know. (Which I do because I have it) 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. No evidence. Just a summons and complaint. ---- I will post the complaint next. I've written my Answer but have some questions on how I should handle this. I am not denying that I owe a debt that originated from CitiFinancial/Wickes Furniture. I just want to limit the damages, not incur attorney's fees and avoid garnishment. Hopefully I can get a court ordered payment arrangement.