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  1. Hello all, This is my first post. I have been sued by Midland in Oregon. At this time I don't want to post too much more info than that in case the attorneys are surveying this forum. First of all, thank you all for your informative contributions. As my case progresses, I hope to be able to contribute as well. Midland is suing for about 10k, if I MTC/stay for JAMS (it is allowed in my case), will they stay the course? I guess I am really asking for is what people think a "small" or "large" amount of debt is. Also, the fee section of my arb clause reads: Who pays? Whoever files the ar
  2. Ok! Just came back from hearing on my Motion to Compel Private /Contractual Arbitration was DENIED! After the attorney barked for 15 minutes saying I could not claim anything from a contract a denied having, the judge agreed and said she could not grant me my motion because I denied on my affidavit having an account/contract with Portfolio Recovery Associates or its "assignor" Synchrony Bank (old navy credit card). What is next? Is it to late to file MSJ to get the case dismissed? Here is some background: Being sued by Portfolio Recovery Associates (Synchrony Bank - Old Navy Credit Car
  3. I really appreciate any help I can receive to figure out: a) what to do in response to this document; and what angle the Plaintiff is preparing to play. Quick background: Served by JDBFollowed @Linda7's thread exactlyFiled my answer and a MTC private/contractual arbitration w/JAMS (with Exhibit B as a copy of the credit account agreement)Judge granted a MTC hearingDate is set and has been agreed upon by all partiesNow I have received this document in the mail: PLAINTIFF’S OPPOSITION TO DEFENDANT’S MOTION TO DISMISS Case No: xxxxxxxxxxx Judge: (this was left blank by them) Plaintiff, throug
  4. I am seriously looking to move my case from the court to Arbitration. I have this tiny doubt and wondering if the JDB will pay fee and proceed so I would like some more info. Please answer for me the following questions: 1- Would you go for Arbitration if the alleged debt is 12K (being sued by JDB) 2- Taking the case from the court to Arbitration is that admission to the debt? 3- If you have done arbitration or know of someone who did, How much was it for? and what was the outcome Thank you so much
  5. Hi All. Thought the attached pdf might prove useful for OR residents. I am new to this forum...if this is not something the community would want posted here, no worries to remove it. Best to everyone! 2014ORArbitrationHandbook.pdf
  6. http://www.courts.ca.gov/opinions/documents/E057529.PDF This opinion delves into arbitration agreements and Electronic signature authentication. It becomes relevant to our situations around page 9-12. Also it brings up the importance of one litigation tool that we forget 99% of the time, The Statement of decision has to be requested at trial, or the appellate has to infer the court ruled correctly. Lets discuss how to put this case into the plans.
  7. This is an update to a post of mine from way back when...I think the last post was in August...possibly September. My apologies. Brief scenario. Dell Financial Asset claims they purchased the alleged debt Johnson Mark hired to "go for the juggler"....the idiot attorney actually said that in court documents. The bonehead. I had done all the wrong things. JM snuck it under the wire calling it Mandatory Arbitration (state of Oregon), failing to say "court appointed"...many thanks to those of you that educated me on the difference. I was late on responding to items..but then, so were th
  8. Hi all, I'm new to this forum, have been reading other debt/credit forums for years now. This is long, and I apologize, but there's a lot of specifics. I'm in search of some very specific answers that require some understanding of Minn*eso*ta law. I cannot find clear answers to these questions in the Rules of Procedure. Approx. a year ago I was served (pocket service) a Summons & Complaint by Pe*zz*uto Law Firm, representing C-a- c-h LLC, who had purchased a debt from US Ba_nk (amt appro. $6500). I hired an atty listed on NACA, who drafted my Answer and submitted it to Pe*zz*uto withi
  9. I am filling a MOSJ and it is for Breach of Contract in Arizona yet they never supplied the contract. I need help with case law to site where they are trying to sue for "Breach of Contract" yet they failed to produce the contract or any statements. Also, anyone have any case law for the Junk Debt buyer never sending anything at all about the debt only the Summons when they filed the Suit? And or anything about when I actually sent them a letter informing them that they never sent me anything about the debt for me to request Validation and then I stated that they needed to provide me with it.
  10. Okay. I am going to try and explain what has happened and slow down and breath so that I can get some help from you wonderful people. I will give those of you who haven't read anything the most pertinent facts. Was sued in Sept. 2013. Served and they are saying Breach of Contract. It's for Dell. total now with interest they are stating $3600. After much research I decided to Demand Arbitration. Well, I didn't do it right. I did a MTC and Dismiss. I did not send in my Demand to Jams. I answered the Summons and went to Pre Trial hearing. I had asked for a later date then originally given and g
  11. Has anyone come across a medical debt that could be sent to arbitration? I ask because I'm trying to take stock of all my options. I'm trying get a medical debt away from the clutches of a collection company.
  12. I am pretty sure i am too late but i would like some advise on what to object against in my non-binding arbitration case coming up in a day. Cach LLC bought a BoA cc debt. The initial complaint showed an affidavit that they bought the account from BoA, the account number also happened to change, there was only a screen shot from what appears to be an account balance page, with my name and the new account number. There is no purchase agreement between BoA and Cach LLC showing the new account number. They just wrote in the complaint that the account number changed. I answered the comp
  13. Interesting article in Washington Monthly on how the Supreme Court handed major US corporations the shield of arbitration against consumer and employee lawsuits over the past several decades. The greatest effect has been to deter class actions. While I believe well informed consumers can proactively and strategically use arbitration in certain instances, this article is a great read on how corporate America created immunity from a great deal of litigation where consumers have a legitimate complaint to pursue. Please see: http://www.washingtonmonthly.com/magazine/junejulyaugust_2014/features
  14. I just called the courthouse, and the "closed administratively" entry from yesterday was a granting of the MSJ. Now, I will need to appeal. Too upset at the moment to do anything but be upset, so will look up costs of appeal, and get funds out of joint account. EDIT: Jeesum. Just to file the appeal is $550. WTF.
  15. I am ordered to stay proceedings pending Private/Contractual Arbitration. Proceedings stayed for 30 days for defendant to initiate arbitration. My question is: I know I need to prove the judge I initiated JAMS, do I send a cover letter to judge stating that I initiated Jams and please find enclosed proof of service and copy of Initiation cover letter? I also send the same documents to lawyer/ firm of the OC? Letter smth like below? Judge name Judge address My name My address Case Number: RE: Arbitration Initiation Order Dear Sir/Madam Please find enclosed a copy of the Arbitratio
  16. This is an update to a post of mine from way back when...I think the last post was in August...possibly September. My apologies, I can't find it so I can't refer to it. Brief scenario. Dell Financial Asset Acceptance claims they purchased the alleged debt Johnson Mark hired to "go for the juggler"....the idiot attorney actually said that in court documents. The bonehead. I had done all the wrong things. JM snuck it under the wire calling it Mandatory Arbitration (state of Oregon), failing to say "court ordered" so I never questioned it...many thanks to those of you that educated me on
  17. Hello everybody, I'm asking this question for a friend, because I don't know the answer. She is being sued by Midland for less than $1,500, and has already elected arbitration prior to even answering the lawsuit. Midland of course has ignored her electing arbitration and has propounded discovery. How does a person respond to discovery without waiving their right to arbitration? Also, she has already set up a motion date for her motion to compel but that isn't for two more months, far after her allowed time to respond to discovery. Perhaps @calawyer can chime in here, as well as anybody else fa
  18. Just got off the phone with the scheduling clerk at the courthouse. I have a date for my Motion to Compel to be heard. What's interesting is that the attys for CACH opened the case--hours before I got to the courthouse to file my motion--but have filed no paperwork, nor have they requested any hearing, etc. The clerk was a little confused. Why would I want to schedule a hearing? It was gratifying, though, to have her say, at the end, "Sounds like you have it under control." Yeah. Because of good people who are willing to share their experience and knowledge! The other good news? I can se
  19. Hi, I am planning to file Arbitration under the terms of one of the credit bureaus credit monitoring contracts. It has an Arbitration clause with AAA as the forum. I have multiple trade lines to dispute that this one particular CRA has refused to properly investigate, despite my many letters sent CMRRR. My question is primarily one of strategy. I can combine all of the disputes into one large complaint, which will make the process more manageable. However, I am considering filing separate arbitration demands as they each have slightly different issues and FCRA violations, and the arbitrati
  20. Hi there. I'm being sued by Unifund LLC, and they are represented by Daniel Gordon here in Oregon. I filled in the following questions: 1. Who is the named plaintiff in the suit?: Unifund, llc. 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) : Daniel N Gordon, Eugene, OR 3. How much are you being sued for? : $11xxx.00 plus interest 4. Who is the original creditor? (if not the Plaintiff) : Citibank 5. How do you know you are being sued? (You were served, right?) : I was served. 6. How were you served? (Mail, In person, Notic
  21. I was sued by Midland Funding in Washington represented by Daniel Gordon. They were able to get a judgement against me but the Judge told me I can still file for arbitration... My first question is how can I apply for arbitration? My second question is can they emforced a judgement in Washington here in Callifornia. I just want to know if I have time to apply for arbitration coz I am very short in money. Thank you very much.
  22. I've gotten a lot of information from this forum, but now that this court date is real and getting closer it's hard to really get a grasp of what to do. I thought I was prepared but clearly I am not. The debt was initiated in May of 2009, charged off in May of 2010 and last reported on my credit report August 2011. To the best of my knowledge I can say that I completely ignored all collection efforts for this debt. In January of 2013 I decided to repair my credit by paying off old debts. I contacted Midland funding who had two accounts of mine. I paid a settlement on one and when asked
  23. I've gotten a lot of information from this forum, but now that this court date is real and getting closer it's hard to really get a grasp of what to do. I thought I was prepared but clearly I am not. The debt was initiated in May of 2009, charged off in May of 2010 and last reported on my credit report August 2011. To the best of my knowledge I can say that I completely ignored all collection efforts for this debt. In January of 2013 I decided to repair my credit by paying off old debts. I contacted Midland funding who had two accounts of mine. I paid a settlement on one and when asked
  24. I found my old contract, actually not mine but one dated the same time I originally took my loan out. It was in 2009 and back then it was a loan, not a credit card and it says that if there are any... well, here you can read all of this, Assignment of Account. We may sell or transfer your Account or any amounts owed on your Account to another person at any time without prior notice to you. If we assign your Account, this Agreement will still be in effect and any successor will have our rights in this Agreement to the extent assigned. You shall not have any right to transfer your Account