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Tracehom's Achievements


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  1. Looks like since I'm already in the middle of this case with an arbitration date scheduled, I'll be unable to use California residency (since I responded to the Complaint and affirmed that I was a resident of Oregon). I'm unable to afford the $525 arbitration fee and am not seeing much hope behind sending a Motion for Continuance since I may very well lose the case and would hate to cover travel expenses to get all the way back up to Oregon and also find some way to pay the arbitration fee beforehand. Is there any point in me contacting the OP and while not admitting to ownership of the debt, ask to resolve the matter outside of court? I am unemployed with no bank account and no property or assets of any kind. Even if they obtain a Default Judgment against me I imagine it'd be a while before they'd be able to collect anything. I was planning to offer a payment of $20/month. Is an arrangement like this possible or even likely?
  2. Thanks for the information! To clarify, I temporarily resided in Oregon for a period of ten months while attending school. I am originally from California and have lived here for most of my life. California is where the contract for the account in question originated. I believe residency requirements are fulfilled after one year; since I lived in Oregon for a period of less than one year, would that make me a permanent California resident still?
  3. Midland Funding has filed a case against me in connection with an alleged account I had with Credit One Bank, N.A. in the amount of $1,100.00. The plaintiff is Daniel N. Gordon of Eugene, Oregon. I have a few questions I'd love to get answered before I draft my next correspondence to involved parties. Any assistance anyone can provide would be greatly appreciated! Complaint was filed in Oregon. I have very recently moved back to California. I have not yet updated involved parties with my new mailing address, should I notify Plaintiff, county court and arbitrator? I recently received a forwarded notice that the Arbitration hearing is scheduled for June 12, 2013. On that date I will be 39 weeks pregnant, I'm due on June 17th. Arbitration is mandatory in Oregon. To date, I have filed an Answer with the Court and mailed back a response (certified and US Mail) to Plaintiff's Request for Production of Documents and Request for Admissions. My responses follow the format in the following thread regarding fighting a case against Midland Funding. I admitted to nothing and didn't produce any documents. http://www.creditinfocenter.com/community/topic/292720-start-to-finish-winning-against-midland-funding-aka-jdb/ To date, I have drafted but not sent a Defendant's Request for Production of Documents. I was waiting to receive the date for the scheduled arbitration, expecting more than a 30 day cushion from the date of the hearing so that I'd have time to mail off/file the request. I received the arbitration letter by US mail on May 15, 2012, less than 30 days from the arbitration. Since it's less than 30 days, I can no longer send the request, correct? It is stated that the Plaintiff's attorney will appear at arbitration by telephone, and they have already prepaid the $525 deposit. I currently reside 600+ miles from the court that the Complaint was filed in and under physician's orders, I cannot travel due my current state of pregnancy and will not be cleared to travel for an additional 4-6 weeks after I deliver. Should I request to appear by telephone or request a continuance to appear in person (which I'm assuming would provide me the necessary 30+ days to file Defendant's Request for Production of Documents). Can I use the continuance to request said documents from the Plaintiff? Or am I too late? Per letter from Arbitrator, I am responsible for a $525 deposit. Is this a cost that must be paid by the defendant up front? If I can't afford it do I need to submit to a default judgment? Is this a case I have any chance of winning if I didn't file the Request for Production of Documents, though I have made no admissions? I'm feeling super intimidated by the arbitration fee, and also the rumors of arbitrators ruling in favor of Plaintiff's as favors. I've already paid a $150 filing fee for the Answer and would expect a similar filing fee for the Request for Production of Documents if I end up filing it. Are all my court costs covered by me if the case is dismissed? Are any filing fees associated with my Answer and Defendant's Request for Production of Documents reimbursed by Plaintiff, and the huge Arbitration fee, reimbursed? If I lose, am I then liable for the alleged debt AND all associated court costs? I'm horrified at the thought of losing and being responsible for all these costs, especially when the Plaintiff can't even provide any proof that the alleged account belongs to me. Also, from what I've read on Google, the Statute of Limitations in California is four years and the Statute of Limitations in Oregon is six years. Out of curiousity, which SOL applies? Oregon, where filed, or California, where contract originated and where defendant currently resides? Thanks in advance for any assistance! Such a bummer to get stressed about a court case in late pregnancy.
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