fishlips

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Everything posted by fishlips

  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 was, how slow and picky the court process is, and that I could win this. I probably would've been overwhelmed by the complaint alone and gotten a default judgment so thank you from the bottom of my heart to the folks here on this board! For those of you in Oregon, CHECK YOUR COUNTY TO SEE IF YOU NEED A CERTIFICATE OF READINESS BEFORE YOU FILE YOUR PROPOSED ORDER! You need to send the plaintiffs attorney a copy of your MTC along with a notice of the proposed order then wait 7 days before filing your PO in case they have objections. Send this CMRRR then 7 days from the date they received it, fill out your certificate of readiness and file your proposed order with it. You can efile the certificate and PO. Hope this helps someone else as I had no idea this was a thing here! Thanks everyone and @BV80 @fisthardcheese! And good luck with the case reboot @Intensivefire!
  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. Thanks so much! @Intensivefire did you need to do this too?
  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's a statewide rule or not?
  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 LAWSUIT BROUGHT IN COURT. YOU OR WE MAY MAKE A MOTION OR REQUEST IN COURT TO COMPEL PRIVATE ARBITRATION OF ANY CLAIM BROUGHT AS PART OF ANY LAWSUIT (d) CLAIM MEANS ANY CLAIM, CONTROVERSY OR DISPUTE OF ANY KIND OR NATURE BETWEEN YOU AND US. (e) THIS ARBITRATION PROVISION IS MADE PURSUANT TO A TRANSACTION INVOLVING INTERSTATE COMMERCE AND SHALL BE GOVERNED BY AND ENFORCEABLE UNDER THE FEDERAL ARBITRATION ACT." My card agreement does not contain these terms, Synchrony card agreement for Amazon Q3, 2016. What would I be citing as evidence for arbitration in my card agreement? I've attached the agreement. Help! Amazon CC agreement.pdf
  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! ================================================================================================= 1. Who is the named plaintiff in the suit? Midland Funding 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Gordon, Aylworth and Tami 3. How much are you being sued for? 9XX.00 4. Who is the original creditor? Amazon/Synchrony 5. How do you know you are being sued? Served a breach of contract complaint 6. How were you served? In person 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? None 9. What state and county do you live in? Oregon, Multnomah County 10. When is the last time you paid on this account? 2017 11. When did you open the account (looking to establish what card agreement may be applicable)? Quarter 3, 2015 12. What is the SOL on the debt? To find out: 6 years 13. What is the status of your case? Open 14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No 15. Did you request debt validation before the suit was filed? Yes. 16. 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 to respond (served August 19). Typical breach of contract complaints: 1. entered into contract, 2. OC supplied credit, 3. Defendant used account, 4. OC peformed obligations, 5. Contract breached, 6. Account charged off, 7. Balance due at time of charge off, 8. Interest rate, 9. JDB address, 10. JDB bought account and contract, 11. I owe the JDB balance, fees and interest. 17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. The entire packet is the summons, the complaint, and the consumer debt disclosure. No evidence or anything. ============================================ I've read the entire arbitration thread from @fisthardcheese several times. My understanding so far is that I will need to file my answer, file my MTC (and proposed order) along with a card agreement and notarized affidavit, and send copies of both to Midlands attorney CMRRR as well as the certificate of service. Is this correct? I'm trying to find the rules for Multnomah County court and I'm having difficulty finding the section about PRIVATE arbitration versus the mandatory arbitration we have in Oregon. I'll add drafts of my answer, MTC and any other questions as I go along. Thanks! @Harry Seaward @BV80 @Intensivefire
  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. Also, my score has already gone up several points from this board! Thank you!
  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 and Walmart accounts from Midland. You really think I shouldn't bother sending them a DV? Is there any chance they don't have the information since MCM is a JDB? I feel like its worth a shot since the same law office got my 2 accounts, I doubt they'll do nothing. Thank you! CIC1.pdf BOA answerCIC2.pdf
  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. Despite demand for payment, D has refused or failed to pay account balance and as a result D now owes P the principal sum of $3k. Wherefore, bank of America requests the following relief : 1. Judgement for $3k for breach of contract 2. An award of its costs and disembursements incurred herein and dated March 4, 2019. So for the answer what do I deny? 5 and 6? Also, I know there is a filing fee but is this going to get more expensive? Should I find a fee waiver form? Learning this as I go! Thanks
  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!
  16. It seems since I have started my journey rebuilding my credit, I've awakened some beasts! Any help would be greatly appreciated. May 7th while I was at work my roommate received a summons at the door for me from Nelson & Kennard representing Bank of America. A few days later, I received in the mail a receipt that I had been served, a copy of the summons and a copy of the complaint. The summons (Multnomah County, Oregon) is for a breach of contract, amount claimed $3k, and subject to mandatory arbitration. The DOFD is 11/2017 so I am still well within the statute of limitations. There is no court date; in order to "appear" it says I need to file a motion or answer within 30 days. I'm calling the court today to ask what that entails and also asking you great folks! Do I have forms to fill out or do I write up my own answer? Any direction with this would be great as I can't afford a lawyer and I figure I'm going to negotiate a settlement with them for a payment plan but I need to avoid the default judgement. If you settle for less than the amount, will they still do payments? What should I do?? Also, Midland owns 2 accounts that my OC is synchrony bank. After sending them a settlement offer which was apparently just put into the computer as a dispute, I received in the mail (the day after my summons was served lol) a notice from the firm Gordon, Aylworth, and Tami P.C. that they had retained my account on behalf of midland. "At this time, no attorney has personally reviewed the particular circumstances of your account." In the letter it says if I notify the office within 30 days they will obtain verification of the debt or a copy of the judgement and send it to me. My plan with both of my midland accounts since the OC is synchrony is to elect for the arbitration process but in the meantime, what is the best course of action? I'm going to send a DV (any good templates I can be pointed to?) but what else? This debt is only for $830 so I can't imagine Midland will be wanting to pay this firm very long if I can drag out the process a little bit. Thoughts? Thanks a bunch ya'll! After reading this forum and working on paying things off in the correct manner, my score has increased about 20 points across the 3 CRAs since January. Just got to work on getting these baddies taken care of! Cheers!
  17. Thanks for your reply @fisthardcheese! Does them sending me this "dispute" letter affect the arbitration process at all in terms of them violating anything that I can use against them? I doubt it but figured I'd ask. I have another account with MCM thats also from Synchrony (thank you arbitration gods) and I was going to send them the same settlement letter, just for a different account. If them sending me a dispute letter in response doesn't affect anything then I'll save my 7$ sending certified mail and wait for them to file. Should I start reading up on exactly what I need to do for arbitration and get my paperwork ready so when they do file I'll have it all on hand? Thanks so much for your help! I'm going to be studying up on your arbitration strategy now. I should've paid off the OC in the first place to avoid this mess but I'd rather go through the hoops of arbitration and getting my 2 accounts dismissed than pay someone who bought my debt for 100$!
  18. Hi folks! I received a letter from Midland Credit Management today that I'm confused about. I have a collection with them and March 15th I sent a settlement offer CMRR. I did a lot of research on this site (THANK YOU!) and offered to pay 50% of the debt to settle which would then be removed from the CRA's when I hit the 2 year mark per their policy on their website. Today, I got a letter back from them: "We have received and processed your dispute. After reviewing, we have found that our information is correct. We have enclosed documents regarding the account." The "enclosed document" is a plain white letter from Synchrony informing me that the OC account was sold to MCM in May 2018. In the letter is also a box that says: "You have indicated that the following item(s) pertain to your account: We are uncertain of what you are specifically disputing." At the end... "In response to your dispute, we have requested that the three major credit reporting bureaus change the status of this account to "Disputed". What the heck is this? My settlement letter does not contain the word "dispute" anywhere in it. Why do they think my settlement offer is a dispute? What should I do? Will my score be affected at all? Thank you all so much for the help. This forum has helped me immensely in repairing my credit from my past stupid decisions! Thank you!
  19. Send my offer via certified mail receipt requested... Which I think i will! Thanks for your help! This is my first time dealing with collections so it's a little intimidating!
  20. Hi again! Can someone please recommend a course of action for me?
  21. Hey folks! I have two accounts in collections with Midland Credit Management. The OC is synchrony bank for both accounts -- an amazon card with a balance of $834 and a walmart card with a balance of $1101. I received a final notice from MCM a couple weeks ago in regards to my $834 account stating that this would be their final communication before "transitioning the account to the attorney review process". I called MCM three times over the last week offering to pay 65% of the balance but they will not budge on anything less than 80%. My DOFD is 10/2017 so if i'm correct, agreeing on a number and paying it by October of this year, they will delete the account on their end per their new policy. However, all of the people I spoke with would not accept less than $667. The date at which I need to reply to their letter is tomorrow 3/13. What should I do? I have never myself seen a DV from them, but i'm assuming they have sent it at some point and I missed it in the mail or something; I'm also assuming its too late to send them a DV request? Do I try to send a DV letter? Do I send them the same offer for 65% via CMRRR? Suck it up and pay the $667? (Trying to avoid this... my financial situation cannot accommodate a huge chunk like this right now and would cause a lot of strain in other areas) Or should I locate my synchrony card agreement and wait to see if I get a summons and begin the arbitration process? I'm willing to do any amount of paperwork I need to do to get this settled and completely own the fact its my fault in the first place, I'm just trying to make the best out my not-so-great situation and NEVER let this happen again! I'm rebuilding my credit and the 2 synchrony accounts now owned by MCM are my only collections. I'm located in Oregon, accounts were opened in Washington and still very much within the SOL unfortunately as my hardship occurred at the end of 2017. Thanks so much for any advice or guidance!