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Found 21 results

  1. Who is the named plaintiff in the suit? Midland Funding LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Gordon, Aylworth & Tami, P.C. 3. How much are you being sued for? $1,1XX.XX 4. Who is the original creditor? (if not the Plaintiff) Synchrony Bank/Amazon 5. How do you know you are being sued? (You were served, right?) Yes 6. How were you served? (Mail, In person, Notice on door) In person 7. Was the service legal as required by
  2. Hi, I am trying to find what the next step to do is. I have looked at some other posts involving Arbitration titles, and not sure what to do. But I did find a questionnaire to help with defining my background. 1. Who is the named plaintiff in the suit? JBD 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) 3. How much are you being sued for? Under 10,000 4. Who is the original creditor? Citi 5. How do you know you are being sued? I was served papers by it being dropped off,
  3. Hi all, Thank god for this forum. I received a summons from Portfolio (via bike messenger at 9pm) on behalf of my fiance in Oregon. She's being sued by PRA for 1500 dollars that she owed to Citibank. It does appear on her credit, and has for some time. At this point, she has 30 days to respond or they get a default judgment, which seems to be their entire business model. Here's my problem: we have no idea how to respond. Do we need to fill out standard forms/paperwork? Do we need to draft our own letter and file it with the county clerk? Do we need to copy the listed PRA attorney on said
  4. I originally posted my case here, but I think that was the wrong portion of the forum to post in, since it doesn't seem to be very active: Immediately after filing our answer, we received a "debt validation" through the mail: -An alleged account statement showing a payment by us 2 days before account charge-off. (why would we make a payment 2 days before they charged it off? I thought charge off happened 6 months after last payment). Plus 2 additional account statements. -A bill of sale between the original bank and the first JDB, and a bill of sale to Midland funding. -A
  5. Hello everyone, I am hoping I can ask for your help. On October 5th, my husband was served a summons/complaint regarding a long closed credit account from Wells Fargo. It has been over 6 years (our state's SOL) since the last activity on the account, so it should be a time barred debt. The account was in his name only, but I am doing all I can to address this promptly and thoroughly for him since he is always working. We called a local consumer rights attorney for a free consultation, but he didn't seem to think we should file an answer. He said that we should mail a certified letter
  6. While it's never a good time to be sued, this was the absolute worst. The day I was served, I was leaving for a 3 week trip. I'm back now, and have a week to deal with this. The closest card agreement I could find to the date of mine (issued a year later) DOES have ARB. Also, may or may not be relevant: The original creditor lost a class action lawsuit a year after my card was issued for not providing enough information on their interest structure to clients. I was not a part of the suit, but my agreement does fall in the timeframe they were sued for this. I have no idea what to d
  7. 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
  8. I have searched on the OR Division of Finance and Corporate Securities website. RMS is NOT licensed to collect in OR. They have sent me numerous letters, signed me up for some payment plan that I have not agreed to, and even harassed me at work. How easy is it to sue them for this? I have an attorney I could ask to help, but I'd have to split the winnings with him... I am planning on sending them a DV letter in the next few days.
  9. Happy Thanksgiving to All! I am being pursued for a lawsuit against Mandarich Law on behalf of Cach, LLC. The suit is for just over $1,000.00 dollars. The debt stems from years ago. I belive i do fall within the statute of limitations as it looks like in Feb. 2016, is the 6 year mark (i believe the SOL is 6 years here in Oregon) I'm looking for all of your input from experiences as i need as much guidence and help as possible. I've reached out to @Mrj9182 and have been met with great kindness and offerings of heroism to which I'm so thankful for! ANY of you folks who are willing to chi
  10. Anyone Beat CACH LLC and Mandarich in Oregon?! I have been served by Madarich Law group for CACH LLC. I responded claiming they have no standing and that Mandarich is not licensed as a debt collector in Oregon.Mandarich claims they do not need to be registered because they are a Law firm. However ORS ch 697 states exemtion for " An attorney-at-law rendering services in the performance of the duties of an attorney-at-law." The services of an attorney are any duty one must have passed the state bar to do. Mandarich sends dunning letters, creates payment plans,collects through billing. The Atto
  11. Hello All,I've read a bunch and was able to answer the complaint. I wasn't able to afford the lawyer I wanted in time so I'm having to pro se, and hoping for some guidance with the Request for Admissions I've received. Here are the forum questions first: 1. Who is the named plaintiff in the suit? Cavalry SPV 2. What is the name of the law firm handling the suit? Machol& Johannes 3. How much are you being sued for? 8,xxx 4. Who is the original creditor? BOA 5. How do you know you are being sued? Served papers 6. How were you served? In person, at the door 7. Was the service legal as requ
  12. 1. Who is the named plaintiff in the suit? - Portfolio Recovery Associates, LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) - Johnson Mark, LLC 3. How much are you being sued for? Under $5000 4. Who is the original creditor? (if not the Plaintiff) - CIT BANK 5. How do you know you are being sued? (You were served, right?) - Right...summons served 6. How were you served? (Mail, In person, Notice on door) - I wasn't home, husband refused to accept, they left it on the front porch anyway 7. Was the
  13. 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
  14. 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
  15. 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
  16. I have a debt collector /law firm suing me for discover , another debt collector already gave up on this one and sent it back to discover. Next thing I know a law firm from Washington state is now doing the collection and filed a complaint. Of coarse I,m in Oregon so it is Court ordered arbitration ,but here's the thing they are supposed to be registered here as a debt collector, rule ORS 697 005 . Can some please translate this as I find the whole thing confusing, because it says that an out-of-town attorney doesn't have to be registered if they're representing a client but on on their websit
  17. So I went to court today, filed my paperwork for my dueling affidavit and got my assed handed to me. The judge said they had standing and I outright denied me saying they've proved standing in Washington State. So what do I do now? I owe them apparently 2600 dollars which is 3 times the amount of the original card in question.
  18. So I have been served by Daniel Gordon on behalf of Midland Funding for some Wamu account years old for an absurd amount that is like 3 times more than the actual credit card ever was. I filed my response that I denied this debt was mine and demand validation. They sent me and the court some photocopied bank statements showing default payments for maybe five months followed by an affadivt from Florida saying some **** like I owed Chase 1600 dollars ( The same as the last produced statement) before the account was sold to Midland. So as I prepare my defense, what do I do about these photoco
  19. If so, could you please give me some pointers in getting started? I've been researching, but not finding the answers. I filed the paperwork w/i 20 days and a court date has been set. I haven't heard anything from the other side. Can I file a new answer that includes counterclaims or do I need to ask for leave to do that? I'm guessing, since the files are supposed to be sealed that I need to resubmit all of my motions, etc. that I filed during court mandated arbitration? Thanks in advance for any assistance!
  20. I read this post on the forum about a state that has a rule that says they have to provide the document. DEFENDANT’S DEMAND FOR THE PRODUCTION OF DOCUMENTS PURSUANT TO R. 4:18-2 Pursuant to Rule 4:18-2, Defendant hereby demands that Plaintiff serve copies of the following documents cited in the complaint within 5 days after service of this request as prescribed by the Rules of Court. 1. “an agreement” in Plaintiff’s Complaint statement #2 Does anyone know if there is such a rule/law in Oregon? I did a search and read UTCR Chapter 2 and don't see anything. I had previously requested thes
  21. I received a letter from Midland attorney two weeks past the time I requested to produce documents. In the letter: As part of Plaintiff's ongoing duty to produce documents to your discovery request, please find the enclosed additional documents in support of Plaintiff's case. All Plaintiff's initial objections and assertions of privilege are incorporated herein by reference. Plaintiff reserves the right to supplement these materials pursuant to the Oregon Rules of Civil Procedure. These were enclosed: 1) An Affidavit of Sale of Account By Original Creditor after the time allowed to produce doc