fishlips

Members
  • Content Count

    22
  • Joined

  • Last visited

Community Reputation

2 Neutral

About fishlips

  • Rank
    Member

Profile Fields

  • Location
    Oregon

Recent Profile Visitors

The recent visitors block is disabled and is not being shown to other users.

  1. I received a dismissal without prejudice for this case! It has been officially filed and I'm done worrying about this... Unless they come back again! Fingers crossed. I of course was hoping for a dismissal with prejudice but I decided it's best not to poke the bear. They called once to ask if I wanted to settle this account and another of mine they have. I stated I wanted to pursue private arbitration NOT settle and received the dismissal a week later. Thank you so much to everyone on this board that helped me or any of us in general! A few months ago I had no idea what arbitration
  2. Little update! I got everything filed with the courts but they sent me some paperwork. They need a certificate of readiness to continue with the MTC; after looking through the paperwork they sent me I have one drafted up with the proposed order as required. According to the rules, some proposed orders have to be sent to the opposing attorney 7 days before submitting to the court so they have time to make objections. Do I need to do that in this case? It says ex parte documents can be submitted without 7 day service to the other side. Just making sure I can efile this now and move forward. Than
  3. @BV80 @fisthardcheese Do I need to send a copy of the MTC to the plaintiffs attorney?
  4. I finally finished everything! Answer, MTC, arbitration demand, proposed order, certificate of service, and affidavit with cc agreement. According to the oregon format rules each page must have the page number as well as the title of the document in the footer. For some reason my printer keeps cutting off half of the footer so I guess I'll be heading to the library. I'll update this thread as the case progresses. Thank you everyone! Ps @Intensivefire did you need to set a hearing date for the motion? I can't find anything about that for my county, I was wondering if maybe it
  5. Thanks @BV80! I'll add that in there! @Intensivefire did you use something similar to the MTC template on the forum? Thank you guys for the help! If anyone could help me interpret the arbitration clause I posted in my agreement above that'd be great!
  6. Looking at the sample MTCs... I see this: "4. The parties are bound by the Credit Card Agreement. The Arbitration Agreement states among other things: (a) YOU AND WE AGREE THAT EITHER YOU OR WE MAY, AT EITHER PARTY’S SOLE ELECTION REQUIRE THAT ANY CLAIM BE RESOLVED BY BINDING PRIVATE ARBITRATION. (b) IF YOU OR WE ELECT PRIVATE ARBITRATION OF A CLAIM, NEITHER YOU NOR WE WILL HAVE THE RIGHT TO PURSUE THAT CLAIM IN COURT OR BEFORE A JUDGE OR JURY. (c) YOU OR WE MAY ELECT ARBITRATION UNDER THIS ARBITRATION PROVISION WITH RESPECT TO ANY CLAIM, EVEN IF THE CLAIM IS PART OF A LAW
  7. Another question: Do I want the CC agreement from the date I opened the card or the date of the last payment to the card? If the interest amount is different on the card agreement I find in the database versus the rate mentioned in the complaint will that affect anything? Nevermind! Found the answer to this that I do need the agreement when the account defaulted! Thanks!
  8. This week I finally got a knock on my door to be served for an Amazon card I neglected. Luckily I've been reading on this forum for several months and am going to attempt the arbitration strategy since my OC is Synchrony Bank. I'm having a hard time writing up the MTC and haven't found many examples for Oregon specifically despite my researching. I'll post copies of my answer and MTC as I write them for feedback. Thank you all so much in advance, I hope to be another defeat for Midland! =================================================================================================
  9. @Harry Seaward I filed my answer and sent their copy CMRR, haven't received the receipt yet. I'm going to start settlement negotiations and had a few questions. Is it best to call them with an offer prepared or ask them what they sound be willing to settle for? Should this be a call/email or all written CMRR communication? Can asking for them to dismiss with prejudice be part of my terms? Thanks everyone for all you help thus far! Now I need to actually get my settlement done and start payments before I prepare to take on midland but have no idea what to expect in terms of settling.
  10. Sweet! That's very encouraging! Congratulations and thanks again!
  11. @Intensivefire What was the result of this? I'm in almost exactly the same boat: going to be served by GA & Tami soon (I believe) by midland for a Walmart and Amazon card in Portland for nearly the same amount. Was the SOL the reason for the dismissal? Curious how this worked out for you as I'll be filing an MTC when it's time! Thanks!
  12. @Goody_Ouchless Didn't think of that, that makes sense. If they serve me I'll file a motion for arbitration. Maybe sending a dv would get me a little more time to deal with my other settlement before taking on all 3 at once?
  13. @Harry Seaward or @fisthardcheese or anyone else: I'm heading to the courthouse today to file my answer. Any recommendations to my attached answer? (Except at the end I'll provide a place to sign it, I just realized I didn't!) I'm also printing out the fee waiver form, the certificate of service, and a mailing cover sheet for the copy of the answer I'll be sending to Nelson and Kennard. All bases covered I hope. Also, I received a second letter from Gordon, Aylworth, & Tami P.C. regarding my other accounts. It seems the same law office picked up my Synchrony Amazon a
  14. @Harry Seaward Alright I'll research examples on here of answers. The summons does not contain any paragraphs to refute. The complaint though is separated into six sections: 1. Plaintiff is Bank of America. 2. Defendant is me and my last address is in Multnomah County. 3. At D's request, P issued me a card with account number XXXXX. 4. P has performed each and every condition precedent on its part to establish liability on the part of the defendant. 5. D accepted and used credit. P provided monthly statements. As of 4/30/2018 D's account balance was $3k. 6
  15. @Harry Seaward How do I answer? I know I need to file it at the courthouse but there was no questionnaire or anything included with what I was served with; just the summons and a complaint. I couldn't find any information on the Multnomah county website either. Do I type it up myself? And deny everything correct? Also, when is the point I offer a settlement amount? Right after I file my answer? How much is an appropriate percentage? Thanks!