goodgrief

thanks!

I just received the Plaintiff Award notification from the Arbitrator who heard the case. I've tried to find a 2007 BoA Cardholder agreement with no luck. I need to appeal within 20 days or I am SOL. I tried this site as well but no luck, http://teh402.blogspot.com/2010_06_01_archive.html. Does anyone know where I could find the 2007 Bank of America Cardholder Agreement?

workingpoor - Thank you so much, your comment means a lot...............

An issue I raised is that the Cardholder agreement was from 2003, not 2004 when I opened the account but she admitted it anyway even though they change. With MBNA/BOA/FIA Card Services, throughout the years the Governing Law states changed from either Arizona to Delaware or Delaware to Arizona (4 YR SOL on agreements executed out of state). I simply wanted to ensure the Governing law state was the same in 2003 as 2004 when I opened the account. Unfortunately, it appears to be with an exception to the Arbitration clause changing from JAMS to AAA. It's been 3 YRS and 9 months since I opened the account... so I guess I'm screwed since the Arbitrator upheld the Contract law and not the laws of the State of Oregon which I thought would have upheld the 3YR SOL of NC (where the card was issued, the transactions were made and where I defaulted). I am not a resident of Oregon. My job of 12 years was outsourced and I am staying here with friends since they believed they could get me a job with their company. That doesn't appear to be happening. Hypothetically, if I move back to NC before the JDB turns the Arbitrator ruling into a judgment, what happens? The laws appear to be more strict in NC against JDBs since the Governor passed the Consumer Economic Protection Act last year. It might be my only recourse but I honestly don't want to file for bankruptcy. It's just another nail in my coffin; I lost my job with a company I was fiercely loyal to and believed I'd retire from, my home was foreclosed on, I have all this debt the OC's would NOT work with me on, I feel like a nomad in search of work, etc. BLAH. BLAH. Sorry, I had a pity party moment, forgive me. Just trying to weigh my options if there are any with the exception of filing for Chapter 7...

Thanks RL! I will use that in my appeal. Not sure why the Arbitrator allowed it and I didn't know to object on it unfortunately.

It was the state controlled mandatory arbitration... I wish I would have retained the Cardholder Agreement because I was surprised by it. The JDB lawyer submitted it 2 days before our hearing.

Because I just lost an Arbitration hearing based on the Governing Laws of the CC. The cardholder agreement, which I objected to but the Arbitrator admitted, was from 2003 and I opened the account in mid 2004. I simply want to ensure the Governing Laws are the same.

Does anyone have a copy of the 2004 Bank of America Cardholder Agreement?

Thanks for the information Nascar... I plan on using the SOL as my first defense but wanted other ducks in a row in case the arbitration judge doesn't see it my way.

My questions were: The Plaintiff's lawyer(s) produced only an Affidavit of Claim from the JDB. I've read that I can submit a Motion to Strike the affidavit as heresay since it's not from the original creditor but from an employee of the JDB. Does this generally work? Does anyone know if bringing an action after the expiration of the Statute of Limitations is a violation of the FDCPA in Oregon? The SOL statement was not a question, I have that covered with the site moderator's help.

The last payment was made in early 2007 and the SOL in NC (where the alleged debt was accrued, last paid on, defaulted on) is 3 years on open accounts and written contracts. The Plaintiff has only provided the Affidavit of Claim from and signed by the JDB, nothing more. Does anyone know if bringing an action after the expiration of the Statute of Limitations is a violation of the FDCPA in Oregon? I have yet to establish residency in Oregon since I haven't found employment so am still a little surprised this is occurring.

In my answer, as an affirmative defense, I listed: The plaintiff has not proven the debt was valid or the amount of the debt was accurate: The plaintiff must prove that the principal, interest, collection costs and attorney's fees are all correct, agreed to in contract, and lawfully charged. Nor has the plaintiff produced the written contract of the original creditor, account statements and purchase receipts to prove the amount of the debt. Should I also request Discovery/Production of documents in addition so I'm not blindsided with whatever documents they bring to the Arbitration? They produced only an Affidavit of Claim from the JDB. I've read that I can submit a Motion to Strike the affidavit as heresay since it's not from the original creditor but from an employee of the JDB. Does this generally work? I have the SOL expiration/Time-barred debt as an affirmative defense as well but I want all the tools possible to win this.

How do I object to this? I would much prefer the lawyers show up since I have to. It's for court mandated arbitration in Oregon. I have substantial hearing loss and absolutely HATE speaker phones. Can I object based on my disability?

Nope, they didn't send supporting documentation to me either, just the summons and they didn't even name the OC! I too received the letter from S & H to choose the arbitrator on the same day of the address change, I just didn't notice it until later that night. I don't know if it's too late to submit a Motion for Dismissal but someone here may know. Once the arbitrator is named, I plan on sending that person a copy of the Motion to Dismiss with my availability AND re-sending S & H a copy as well. It appears they play seriously dirty and I can certainly see them pulling the old, "I didn't receive a copy of the MTD due to our address change" card. I've had lots going on with gearing up to go back to NC so didn't get a chance to get to the courthouse today. I'll definitely need to by the end of the week and will post what I find out...

Bloomingfern, I received a change of address today through the Circuit Court for Suttell & Hammer, aka Suttell & Associates. Did you? The change of address was filed weeks after I submitted a Motion to Dismiss. I hope they don't try and act as if they didn't receive the registered Motion to Dismiss copy I sent them.