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mrspottertru

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    Oregon

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  1. I just did a search on Oregon Collections. They are owned by the attorneys, who are claiming that Oregon Collections hired them. Isn't that a violation of the FDCPA? I know I read that somewhere.
  2. How would them serving me a summons nullify their option to arbitrate? It says on the form that arbitration is required. Well, I was looking through the arguments. Can I deny the motion that I am in breach of contract with the Plaintiff, since the original creditor is Citibank and not the collection agency?
  3. The summons says that I am in breach of contract with Oregon Collections, not with Citibank. Oregon Collections says that we have ignored their demand for payment. This is the first we have heard. Can CA demand interest, or are they just entitled to the original amount? Can their first point of contact be a summons? Should have I received something first? Can we settle out of court, and do we have to go to arbitration?
  4. Okay - Oregon Collections is the 3rd agency to have this debt. It was first listed as a medical debt (no, this was never medical related), then it was bought by Unifund. Both tradelines were reported at the same time, but different dates of last activity. So, does that mean that they bought the debt from Unifund, or did they go back and buy it from Citibank. If they bought it from Unifund, would they still have an agreement with the original creditor? I have 30 days to validate the debt. Should I do that in addition to the answering the complaint?
  5. They do have a complaint on file. It is a civil case.
  6. Short from scanning it - I am required to appear and defend the complaint filed with 30 days. and if I fail to do so, the plaintiff will apply to the court for the relief demanded in the complaint. (the cop gave my son the summons, so I did not see him). It says that arbitration is required It says that the plaintiff is the purchaser and owner of an obligation originally incurred by us to Citibank, and under the terms we are required to pay principle and interest It says that the date of default was 11/7/2002 It says that we owe the plaintiff 872.91 plus 23.99 per annum compounded annually since 2002 until paid. It says that despite demands by the plaintiff, we have not paid, and we owe them 872.91 with 23.99% plus reasonable attorney and collection fees The plaintiff prays for the following relief Judgement in favor of the plaintiff for the amount owed above Reasonable attorney fees and collection costs. At the bottom it has the "This communication is from a debt collector...." etc. It has the FDCPA notice attached saying that we have 30 days to dispute the debt or any portion thereof. Like I said, Oregon Collections is the 3rd owner of this debt, and this is the first we have ever heard from them. It then has the copy of a Citibank agreement, but no signed contract
  7. Hi - here are the answers to the questions - 1. Who is suing you? Oregon Collections 2. For how much? 872 + 23.99% annual interest from 11/02 3. Who is the original creditor? Citibank 4. How do you know you are being sued? I don't think I am being sued yet. It says on it a complaint filed for breach of contract 5. How were you served? Were you served? Served by a cop 6. What was your correspondence (if any) with the people suing you before you think you were being sued? Nothing 7. Where do you live? Oregon 8. When is the last time you paid on this account? 11/02 9. What is the status of your case (if anything has been opened)? You can find this by a) calling the court or looking it up online (many states have this information posted daily). I don't know. It was filed on the 2/14, and we received it last night. 10. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No 11. Did you request debt validation before the suit was filed? If not, don't bother doing this now. This is the first I have heard of these people 12. Does your summons require a response? (Look hard!) If you don't get a questionnaire with your summons, you are still probably required to answer it in writing. 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? Yes, a response in 30 days 13. What evidence did they send with the summons? An affadavit? A statement from the OC? Anything else they attached as exhibits? Citibank Agreement 14. What is the SOL on the debt? To find out: 6 years I live in Oregon. A police officer came by and served a complaint and summons from a collection agency for breach of contract. It's for a old credit card, but I am sure that the statue of limitations has not run out yet. It is saying that we have to file an "answer" or "motion" in 30 days. Now, here is where I am stuck. 1. This is the 3rd collection agency that has owned this debt, and they are continuing to charge interest. They are fairly new as well as they were not on our credit report in January or listed as a inquiry. 2. The last activity with the original creditor was in 2002. It was then bought by Medical Data Systems, and then by Unifund. Now, it is with Oregon Collections. The original amount is the same, but the balance is higher because they are charging interest. Did they buy this from the original creditor or from the last collection agency. 3. There are no options for us to settle out of court. I am willing to pay this in two payments, but does that mean I have to call them? 4. How do I answer this? This is the first I have ever heard of these people. This is the first contact that I have ever received from them, and complaint served by a cop. 5. It says at the bottom of the complaint - "This communication is from a debt collector. this is an attempt to collect a debt. Any information received will be used for that purpose." Is that normally on the bottom of complaints file with county courts? 6. It has a copy of the credit card agreement, but nothing signed. 7. It gives us 30 days to answer the complaint and validate the debt. 8. It also says that if we don't answer in 30 days, they will sue us. It does not look like it was signed by any county clerks, just the lawyer. The complaint also states that we defaulted with the plantiff, Oregon Collections, in November 2002. Again, they are not on our credit report, and this is the first we have ever heard from them. I know that we had this credit card, it was from Washington Mutual. We did screw up and were stupid. We want to do the right thing. We have been working very hard to get things paid off. We have paid off 4 creditors so far, and intend to pay off more, but this is kind of a blow to our family. What should I do?
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