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columbiacrossing984

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  1. Hi Shellieh. No, Oregon is a common law state and that's where teh debt incurred. Washingon is a community property state and that's where we live now.
  2. My wife was sued by a firm in Seattle representing Discover Card, for a debt of ~8000. It is currently in JAMS arbitration and the first conference call is scheduled late this month. I would like to know what to expect for the worst case situation. Specifically I want to know if they can come after my wage, etc. - The debt was soley incurred by my wife - The debt was incurred in Oregon (common law state) - We recently moved to Washington (community property state) - My job is still in Oregon Given these, can they garnish my wage or the bank account that is not jointly owned? Thank you for the help!
  3. I did file an affidavit with MTC. Today I filed the motion for exemption. I somehow spoke to the clerk on the phone and he came out and picked it up. He sounded like they never read them, but just throw them in and process them in bulk. Again thanks so much for help!
  4. Great. Thank you so much Linda! As for the orignal MTC I had it notarized, and sent copies to the plaintiffs. Do you think I should do the same with motion for exemption?
  5. Thank you all for help. I am in Oregon. I followed Linda7's wonderful arbitration strategy so far. - Answered plaintiff's complaint - Filed MTC to private arbitration - Initiated JAMS arbitration - JAMS arbitration already commenced Everything was going as planned, then all of a sudden the court sent me the notice that the case has been transferred to County Arbitration and told me that I need to pick an arbitrator in 21 days. The letter does say that I can file a Motion for Exemption from Arbitration within 14 days. Questions: - Is there any sample MTE that I can use? - If not, can I just use the original MTC I filed and rephrase it here and there? - any other tips? Thanks! Mike
  6. Thanks racecar. I did elect arbitration as soon as the firm contacted us (via crmrr). They went ahead and sued in a few of months. I understand the strategy is to drag it along until they give up, but I am super anxious of the worst case scenario (whatever that is). What if they want to go along as long as it takes?
  7. Hi all. Thank you for all the information. Here's my situation. - My wife's sole debt. - OC is Discover Card. Amount about 8200. It is about a year old debt. - The debt is charged off. The attorney's firm (Bishop White Marshall Weibel) has filed a suit in April. - Filed JAMS arbitration per cardholder agreement. - Arbitration was commenced on June 19th. Strike list due is July 1st. - Formal complaint due is 14 days (according to JAMS rule) which would be July 3rd. - As far as violations, there aren't much we can work with. At this point I am wondering if we should initiate a settlement talk with the firm. I did call them earlier and they said we need to remove cease and desist. What would be the best strategy for us? Thank you so much! -suite800
  8. I just contacted the lawyer recommended by Huey. The good thing is that he was being very honest and straightforward. The bad thing is, he said that there is not much chance for us to get out of it. The debt is too recent. OC (Discover) is directly suing, and the firm is known to be pretty tough. I will see what I can do and update how things go. Thanks again for all your help.
  9. Hi Linda, can we hire you for a quick consulting? I'd say 30 - 60 min phone conversation. Understand you are not a lawyer (or are you? just want some advice. Sorry this would be more appropriate via PM, but I am unable to send you one (it says you cannot use the system). Thanks!
  10. Hi all, I posted another thread a couple days ago asking for lawyers in town. I get some great tips and I will consult the recommended lawyers in a few days, but I would like to do some homework first. Quick summary: It is my wife's Discover card, opend in 2009 and went default in early 2012. Amount is ~8000. The plaintiff's attorneys are Bishop, White, et all., of Seattle. We are in Oregon. Highlighted Events: 1. On July 2012, received a letter from Discover stating "Attorney Placement Pending". They wanted us to contact by Aug 31. 2. Within 2 weeks I sent Discover the following letter via CMRRR. Received the receipt a week later. ------------- x --------------------- x ------------------- My wife's name Address Discover Address Re: Account # This letter is being sent to you in response to a "Attorney Placement Pending" letter sent to me on July XX, 2012. I dispute this debt. As listed in the Card Member Agreement, I elect the arbitration with JAMS. I also request that you advance my JAMS fees directly to JAMS, per the Agreement. I would also like to request, in writing, that no telephone contact be made by your offices to my home or the homes or places of employments of my family as it is very inconvenient. Signed My wife's name ------------- x --------------------- x ------------------- 3. Never heard from Discover again 4. Sep 2012, first letter from Bishop et all. arrived, stating "Unless you dispute the validity...". Standard collection letter. 5. Sep 2012, about a week later, second letter from Bishop et all. Stating "Please call us..." 6. Within 2 weeks, sent DV letter to Bishop et all. via CMRRR. Received receipt in a week. 7. Never heard from them again. 8. A few days ago (Apr 2013), served by complaint filed by Bishop et all. Questions - Did we do anything wrong in our arbitration election letter to Discover? - Did they validate anything, as we did elect it but they went ahead and sued us? - Can this law firm ignore DV letter? Other Miscellaneous Note - I pulled my wife's credit report. Only Discover is listed, but is charged off. - Even after the letters from 1, 4, and 5 above, Discover sent her statement until Jan 2013. Thank you so much for your answers in advance. You didn't have to help but decided to do it anyways. I cannot thank you all enough. Sincerely, suite800
  11. Think I found one, started by Linda7. Will start from there. http://www.creditinfocenter.com/community/topic/314030-the-strategy-and-steps-of-arbitration/ Thanks all!
  12. Thanks Bruno. I am new to the forum and having some difficulty with direction I see the Arbitration section. Is this where I will find Linda7's posts? Or is there a way to do search by username? Thanks, and sorry for noob questions.
  13. First off, thank you all so much for taking time answering my questions. A couple of you mentioned arbitrations. I already requested this a while ago. Here's more detailed timeline. July 2012 - Discover sent letter stating attorney pending Aug 2012 - I sent arbitration request to Discover via CMRRR. No response from Discover Sep 2012 - Contacted by the law firm. Sent DV via CMRRR. No response Apr 2013 - Complaint received from the law firm I went to court this morning and found that the plaintiff is indeed Discover, not the law firm. So I don't think the debt has been sold to the firm. Also the credit report pulled last night does not show mention the firm, just Discover. So definitely the debt is still with Discover. Huey, thanks for the recommendation. Did you have any first hand experience with him? Again, thanks all very much.
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