• Content Count

  • Joined

  • Last visited

Everything posted by FlashGordon

  1. Starting to prepare for the "Trial De Novo" in Oregon any help please forms, examples of how to fill out would help.
  2. @CCRP626, Yes i think there is a past with the Arbitrator and the JDB Lawyer and i think there might be a history with the Judge and the JDB Lawyer they were overly friendly with eack other, he "ASKED her if she wanted this to go to Arbitration" and when i objected he looked like he had not expected me to object or to even say any thing, and possibly the court clerks, after i sent in my form with this guy marked off they still chose him. The Arbitrator was admitted to practice in 1978, his disciplinary was back in Dec 13th 2007 so he must be past his disciplinary action to qualify as an Arbitrator. Your kind of stuck with the manditory Arbitration here in oregon, unless you have a private Arbitration clause in your card agreement for JAMS or AAA and thats were i was having some troulble with finding a card member agreement for my alleged account.
  3. @ CCRP626, There was a hearing pre-trial conferance with a judge back on Feb 24th at 8:50 am, the judge never opened the courtroom there were lawyers waiting out side the court room with me that started asking the clerks when he was going to start, was there a problem ect... at almost 9:30 he called me back to his chambers ask me if i was "Flash Gordon i confirmed that i was, he then said Ms. Tami (Plaintiff's Lawyer) you would like this to go to Arbitration, and she said yes i would judge, with out even skipping a beat (she was on the phone). I said i object i would like this to go to trial (the judge got this blank look on his face) I said i object to her appearing by phone i thought this would be a face to face hearing, he just kept looking at me with this blank look and then mumbled the manditory arbitration thing and something else, I objected again and said i want this to go to trial and the judge said i should have filed a motion for that. and then said i was done, so i walked out. About three days later i got this form to fill out with the names of 5 Proposed Arbitrators (circle names which are acceptable and strike out no more than 2 names which are unacceptable) , the day after that i received a letter from the Plaintiff's Lawyer that they would like the courts to decide the Arbitrator with one name crossed off there form, so i started looking the names up on the Oregon state bar web site, the Lawyer the Plaintiff crossed off specializes in consumer right the so i picked him, the 1st woman had no disciplinary actions so i picked her, the 2nd woman had had a disciplinary action and had to pay a fine so i did not pick her and striked her, the 2nd guy (who got picked as the Arbitraitor for my case) had a disciplinary action he was suspended from practacing for 6 months because he altered a document in a court case he was hired to represent a doctor who was being sued by a patien so i did not pick him and striked him, the 3rd guy had no disciplinary actions so i picked him, and sent it in. I got a letter from the courts about 3 days after i mailed in my form that he was the Arbitrator for the case I got a letter from him about 9 days after that informing me he was the Arbitrator for the case his fee was $500.00 and i needed to pay half of that and to send him a check for $250.00 so i applyed to the courts for assistance to pay the fee, the finacial clerk i was dealing with kept acting like i did'nt know what the Arbitration fee was she kept telling me that the fees are more like $300.00 to $400.00 for my half and i kept telling her i got this letter from the Arbitrator and this is what he said to pay... so she put me on hold for about 20min, and when she came back she said that the Plaintiff's lawyers had made a deal with the Arbitrator for a lower fee, i tryed asking her more about this deal they had made but she would'nt talk about it and was really avoiding my questions and started getting short with me so i backed off because i really needed to get approved for the assistance with the fee.
  4. @Az Piano Lady 14 Yes! i'm going to appear in person, the hearing is April 29th 2015. The Arbitrator denied my objection to Plaintiff's appearing teleophonicly, i expected that the day after i mailed my objection i got his letter approving there telephonic appearance. but he had no problem with me recording the hearing. now i'm taking what you mentioned and concentrating on what to say to each of the things they are going to bring up, in discovery i asked if they were going to have any witnesses to give the names and addresses and contact information of them they stated they had no witnesses and when i got the pre-hearing statement and proof form from them 2 days later they have some guy listed, probably the keeper of record who has personal knowledge of my alleged account and me as witnesses. so i'm looking into what question to ask just in case he appears by phone. sorry to anyone i might have lost when i started this new topic, my background information started ( Need Help with Discovery Process in Oregon) Thank You to everyone who post answers and helps.
  5. This is very informative information on standing, but what if: Original creditor sales to bank #1, bank #1 sales to bank #2, bank #2 sales to bank #3, bank #3 sales to bank #4, bank #4 sales to JDB. JDB files lawsuite and states that bank #2 is the original creditor and that was who the JDB purchased the debt from, but the assignment and bill of sale and affidavid of sale of accounts by debt seller are all in the name of bank #4. how would you challange standing, that they filed a lawsuite and named the wrong original creditor (bank #2 not the origianl-original creditor) and that bank #4 was the last assignee before allegedly selling it to the JDB?
  6. New Questions: Going over the evidance the Plaintiff submitted for Arbitration Hearing, the account statements my name is wrong it's got double middle initials (Flash Q Q Gordon) i don't have two middle names and i don't use my middle initial on accounts. There showing a home phone number that was never my home phone number, i had the same home phone number for 24years until 2years ago when i switched to my cell phone as my main phone, there showing a work number that was never a work number. How would i attack this to damage there standing on the account?
  7. Mistakes in documents Plaintiff sent for discovery.

    1. FlashGordon


      I've been going over the documents the Plaintiff sent for discovery and there are a lot of mistakes,

      On the statements for the account my name is wrong it's got a double middle initial like(Flash Q Q Gordon)i don't have two middle names and i don't use my middle initial on accounts.

      There showing a home phone number that was never a home phone number for me i had the same home number for 24years until 2years ago when i switched to my cell phone as my main phone, and there showing a work number that was never a work number.

      How would i attack this to damage there credibility on owning the account?

  8. So i got my Objection to the Plaintiff's request to appear Telephonic off to the Arbitrator Fri the 10th, that same day i got a letter from the Arbitraitor with the order approving the Plaintiff's request for Telephonic appearance. And in his original letter he stated that i should just send in a motion to appear Telephonically in the cover letter i sent i said i would like to inform him i will not be appearing Telephonically that i will be physically appearing and that i would also like to inform him that i will be digitally recording and possibly video recording the Arbitration Hearing. And today i get a letter from the Arbitrator dated the day he should have received my Objection, stating that you know a hearing is set for (Date and Time) and then he adds Prior to the Hearing you will need to remit to this office the sum of $$$ (Arbitration Fee) If it is not received you will not be able to present any evidence in the Arbitration Hearing. Please Attend to this matter at your earliest convenience. Now he knows i had to apply to the courts for assistance to pay for the Arbitration Fee and was approved for a payment plan and i sent him a letter informing him that the courts would be paying the Arbitration Fee and that i would be making payments to the court. So im guessing that something in my letter made him upset or hes just being nasty about me being pro se and or infavor for JDB? Any Thoughts?
  9. I am preparing my "OBJECTION" but having trouble finding, relevant law or oregon case laws? Trying to use, google scholar, but can't pull up spacifically what im looking for. Anyone know how to use google scholar or where i can find case laws for oregon?
  10. CCRP626, Im in Oregon and they have manditory Arbitration, the Arbitraitor was picked by the Courts.
  11. The Arbitrator for my case is in the next town about 27 miles from my town and in the next County over, i got a letter from him stating the Date and time of the hearing and informing me that the Plaintiff has motioned to appear by telephone, in the letter he, informed me that he had no problem with Plaintiff appearing by telephone and to file my motion to appear by phone. I do not want to appear by phone and will not be, how do i go about letting the arbitraitor know this? should i send a letter, call or file something? I am starting an objection to file about Plaintiff appearing by phone should i just include it in there? and Isn't taking this out of my County, a FDCPA violation? or any other violation to my rights? Anyone please, Thank you in advance.
  12. nobk4m. Thank you for your response to my post, sorry it took me so long to get back to thank you. It really pointed out to me what a bad ideal it might be to start attaching a card agreement to a card i never had.
  13. Would anyone have a little more information on this thread? I have been trying to find information on Motioning the court for private arbitration. my case has been assigned into the manditory arbitration here in oregon, i do not believe the court manditory arbitration is fair to the consumer and that i have the right to choose how to handle this, i was looking into JAMS, and when i came to the part in the application were it asked about the, *ARBITRATION AGREEMENT: This demand is made pursuant to the arbitration agreement which the parties made as fallows (cite location of arbitration provision and attach two (2) copies of entire agreement).* I realized this was asking for something in an account agreement, I do not have a copy of any account agreement (this is for a Fingerhut account) because i never had an account, there was no account agreement attached to the summons/complaint that i received and so i got to thinking what is the account agreement for a FH account and when i found online there is a arbitration clause in there for Manditory Private Arbitration with AAA, so what should i do? Motion the court for JAMS or play this card and request the account agreement Arbitration with AAA? and dose this look like im accepting the account is mine if i do this? any thoughts?
  14. I was kind of thinking that same thought, and you got to make them work!
  15. So here is more information: 1. Who is the named plaintiff in the suit?: MIDLAND FUNDING, LLC 2.What was the name of the law firm handling the suit?: Gordon, Aylworth, & Tami. P.C. Attorneys at law. 3. How much are you being sued for?: $4,XXX.XX. 4. Who is the original credtor?: Fingerhut. 5. How do you know you are being sued?: Served with a Summons-Complaint. 6. How were you served?: By Certified Mail, Return receipt, Signed for it. 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?: Nothing! 9. What State and county do you live in?: Oregon, Jefferson County. 10. When is the last time you paid on this account?: Still within the statute of limitations. 11. What is the SOL on debt?: 6 years, OR. 12. What is the status of your case?: Had a Hearing-Pre-Trial Conferance Feb 24th 2015, will be getting Arbitration Pack in mail. 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 be for the suit was filed?: No, never heard from the collection agency or the law firm before i got served. 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?: I had 30 days to respond after i was served; I have filed an ANSWER with the court. They are "charging"; BREACH OF CONTRACT. They are claiming; Entered into a contract with FH for charge card with account xxxxxxxxxxxxxxxx (they gave numbers but i will leave them out). MF,LLC for good and valuable condideration purchased FH charge account and all of the associated rights thereunder, ect... ect... ect... I have NOT received interrogatory (questionnaire) regarding the lawsuit. 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits.; NOTHING.!!
  16. Thank You, TomnTex. I read the thread from huey pilot, very helpful, same lawfirm but the questions in the summons - complaint were a little different than hers. And thanxs for pointing out filing for a "MTC private arb" i was thinking of filing a Motion objecting the arbitration and asking for having my case heard in a court. So this gives me another option i need to look at. Still trying to wrap my head around the pre-trial hearing, it didn't go well.
  17. Had a Hearing-Pre-Trial Conference today, my case is Midland Funding,LLC vs Flash Gordon in Jefferson County, Oregon. And the judge placed it in the mandatory Arbitration, I OBJECTED to Arbitration, I told the judge I wanted to go to court, before a judge he stated I would have to file a motion for that, I OBJECTED to the lawyer calling in Telephonicly in, if I had to be there so do they. it all fell on deaf ears so on to the next step, from what I understand is discovery process, how dose one go about asking for discovery can you just send the request to the lawyers do you have to file it with the courts and send a copy to the lawyers?? I just can't find this information clearly to explain it for me any help would greatly be appreciated.
  18. Need help with the Discovery process in Oregon