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oregonlover

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  1. That makes a lot of sense. Thank you again, you have been so so helpful. Now one last question, here in the county my mother lives in there isn't a legal form for the answer shr can just fill out so can we just list her answers to the the complaints in the same format (cleaned up of course? Something like: 1. Defendant, Jane Doe, ADMITS to paragraph 1. Defendant is Jane Doe and resides at 1313 Mockingbird Lane in Humpty Dumpty County, Oregon. 2. Defendant, Jane Doe, denies to paragraph 2 because of xxx xxx... Etc. And at the top should there be a header of some kind?
  2. Thank you so much @Clydesmom. Just a question though, is she denying the claims because Portfolio Recovery didn't send any evidence along with the claim? My mother acknowledges she agreed to pay by taking the line of credit offered by the OC, but if I understand correctly, she can deny it now because she wasn't given evidence when she received the claim?
  3. Would anyone be able to help with which of the claims to admit to? I posted them above. She should deny everything but her personal info, but should she deny the other complaints because of lack of knowledge or simply say she denies it?
  4. If it helps.. Complaints are as follows: 1.Defendant resides in county where action has been filed. 2.Under terms of agreement, OC provided credit as agreed. 3.OC mailed statements showing charges, credits,payments, fees, and finance charges. Defendant did not dispute charges or object within the time prescribed. 4. Defendant agreed to make payments on account. 5. As part of agreement Defendant agreed to pay all court costs incurred in enforcing agreement. 6. Plaintiff acquired account from OC and under OR law plaintiff has right to collect on the account in accordance with all the terms and conditions. Second claim for relief 7. Realleges complaints 1-6 8. By failing to object or dispute statements mailed to defendant, defendant agreed to pay the stated balance of the account and plaintiff and defendant came to an accounting. 9.Defendant became indebted to OC in total sum described herein. 10.Defendant impliedly agreed to pay OC 11.Defendant has not made payment. 12. Defendant by failing to object or dispute the account balance and becoming indebted to OC... An account has been established. 13. Plaintiff as asignee of account is entitled to be compensated. Third claim for relief 14. Realleges 1-6,8-13 15. In the alternative Plaintiff pleads claim of quantum meruit.
  5. 1. Who is the named plaintiff in the suit? Dale R. Nordyke 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Portfolio Recovery Associates,LLC 3. How much are you being sued for? 15,561 4. Who is the original creditor? (if not the Plaintiff) US Bank 5. How do you know you are being sued? (You were served, right?) Served 6. How were you served? (Mail, In person, Notice on door) Mail 7. Was the service legal as required by your state? Yes Process Service Requirements by State - Summons Complaint 8. What was your correspondence (if any) with the people suing you before you think you were being sued? none 9. What state and county do you live in? Oregon, Hood River Co. 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Unsure, probably about a year or two. 11. What is the SOL on the debt? To find out: I'm on my phone so I can't look this up right now Statute of Limitations on Debts 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). On mobile, will check and update later. 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. No. 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? 30 days Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. None that I'm aware of, just the suit paperwork stating the debt. Thank you for replying so quickly. I felt like that wouldn't be enough but because it came from a lawyer my mom feels like that advice has to be right. Is there a sample of a correct way to file the answer? I found a WA state template where you have to list paragraph numbers where you admit or deny statements or say you lack knowledge and therefore deny the claim. I showed her that and similar examples on other posts but she's afraid she'll admit or deny something that they can later use against her.
  6. Hi all, I am currently needing help for my mother who waited til the last day she has to answer a complaint made against her for a balance on an US Bank credit card. She's still within the 30 days to file her answer but only contacted a lawyer 2 days earlier and he told her to write a very short letter to the plaintiff asking that he not take default judgement against her as she is in the process of obtaining legal counsel. Since it is too late to mail it to the plaintiff the lawyer she consulted said to email it to the plaintiff as well as file it as her answer. I've read a few of the posts regarding how to file a legal answer and this letter the lawyer asked her to write doesn't seem like it would be enough? Also if she files this letter along with the paperwork for her legal answer does she still need to present in court? It would be the same day as when she goes to file her answer. Any advice on what age should say in her letter asking the plaintiff not to take default judgement?
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