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Found 20 results

  1. 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, 6. How were you served? (Mail, In person, Notice on door) The first papers where served in person. Dropped off by a guy. The Notice of Assignment to Arbitration was served through the Mail. 7. Was the service legal as required by your state? As far as I can tell Yes. 8. What was your correspondence (if any) with the people suing you before you think you were being sued. Nothing, they would call and I would not answer them. 9. What state and county do you live in? Oregon, 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations). I am not on the outside of the SOL. Not sure when Last payment was made. 11. When did you open the account (looking to establish what card agreement may be applicable)? I believe the date was in 2017. 13. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). 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? Note: if you haven't sent a debt validation request before being sued, it likely won't help create FDCPA violations, but disputing after being sued could be useful to show the court that you dispute the debt ('account stated' vs. 'breach of contract'). No I did not request debt validation. 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? I have 14 days 17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. In the first paperwork from the lawyers, they sent NO papers expect the summons paperwork. So the question I am wondering is about my letter of Notice of Assignment to Arbitration. I am not sure what to do, I thought I read that I should wait tell "JBD", sent in there paperwork for an arbitrated, but not sure (cant find it again). I have been going through a lot of forums and different websites to find information on how to fight the JDB. But not a lot of information on Arbitration. Most people just get sued, and it looks like the court sent this letter saying that Arbitration is Mandatory (ORS 36.400 to 36.425). Do you need anymore info? Anything is helpful. Thanks Just edited some names and dates. thanks
  2. 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 letter or form? And despite Googling madly, I've only got the vaguest of ideas how to fight this. It seems like JAMS is an option, but I've heard that Oregon has strange arbitration laws, so I'm unclear on that. It also seems that PRA has to validate the debt in order to legitimately collect, and I'm also unclear as to how to go about forcing them to do this. I've been looking for attorneys in OR, but at the rates most of them are charging, it seems more worthwhile for her to set up a payment plan with PRA than to fight it. I'm at a loss, and trying to help her out as best I can. Any information or guidance would be greatly appreciated, and I thank you in advance for responding!
  3. 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 run of the mill credit card agreement, but no signed contract. We also received a request for admissions and production of documents. I have checked the forums, but can find no admissions templates that apply to our case. Yeesh. That is a wall of text. If anyone would be able to help me figure out what to say here, it would be much appreciated. I haven't seen any examples with so many requests in the forums, hence my post. Thanks
  4. 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 to the lawyer who filed the suit/served the papers, informing him of the time barred debt (with proof), but I am confused about this approach. This assumes that they won't continue to press their suit, and from what I understand, these guys are relentless, time-barred or not. Also, wouldn't any correspondence confirming any knowledge of the debt, or the proof from my husband's credit report timeline restart the SOL? I have been browsing the forum, and found enough helpful information that I understand a bit more about our rights, and filing an answer, I just need an idea of what to do next. We're not very good at "legal-ese", so please go easy on me Thanks very much! 1. Who is the named plaintiff in the suit? Midland funding, LLC. (sorry about the following quote, I don't know how to get rid of it) 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Gordon, Aylworth & Tami. 3. How much are you being sued for? $2,900.00 plus "plaintiff's costs and disbursements incurred". I'm amazed no interest was mentioned. 4. Who is the original creditor? (if not the Plaintiff) Wells Fargo Bank (credit card). 5. How do you know you are being sued? (You were served, right?) Served. 6. How were you served? (Mail, In person, Notice on door) 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? My husband has had zero correspondence with them, minus receiving letters threatening legal action unless they are paid in full. They have consistently been calling my phone looking for him/even my mother's home phone, but we always hang up. 9. What state and county do you live in? Washington County, Oregon. 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) July-August 2010. 11. What is the SOL on the debt? 6 years. 12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). Suit served. At this point, the case is simply waiting on my answer. 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) Yes, my husband has disputed this account every year with the credit bureaus. 14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late. No. 15. 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 from the date of service (10/05/2016). 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Nothing, just a cookie cutter statement. 17. Read this article: Okay. The following is the summons/complaint received.
  5. 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 do, really. I know I must file an answer but don't know how. The document doesn't have a case number, so I'm not even sure how I'd look the case up, verify it or formally submit an answer. Any guidance or help provided would be greatly appreciated. 1. Who is the named plaintiff in the suit? Cach LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Mandarich Law Group 3. How much are you being sued for? $2500, plus post-judgement interest, etc 4. Who is the original creditor? (if not the Plaintiff) GE Capital Retail Bank 5. How do you know you are being sued? (You were served, right?) served 6. How were you served? (Mail, In person, Notice on door) 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? Received a few attempts to collect a debt via mail. No phone correspondence 9. What state and county do you live in? Lane Co. Oregon 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) mid-2013 11. What is the SOL on the debt? 6 years under Oregon law 12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). Unsure. There's no case number on the summons, so not sure how to find out the status. 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) no 14. Did you request debt validation before the suit was filed? no 15. 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 from date served 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. none
  6. 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 arbitration pays the initial filing fee. If we file, we pay; if you file, you pay, unless you get a fee waiver under the applicable rules of the arbitration firm. If you have paid the initial filing fee and you prevail, we will reimburse you for that fee. If there is a hearing, we will pay any fees of the arbitrator and arbitration firm for the first day of that hearing. All other fees will be allocated as provided by the rules of the arbitration firm and applicable law. However, we will advance or reimburse your fees if the arbitration firm or arbitrator determines there is good reason for requiring us to do so, or if you ask us and we determine there is good reason for doing so. Each party will bear the expense of that party’s attorneys, experts, and witnesses, and other expenses, regardless of which party prevails, but a party may recover any or all expenses from another party if the arbitrator, applying applicable law, so determines. From what I can tell so far, the last sentence means that they can seek legal expenses in the arb award, that sucks, but fine. What I am still not sure of is whether they can try and get me to pay their arb fees if they win. For example, what is to stop the JDB from calling arb fees "other expenses"? JAMS comprehensive rule 31© (or streamlined rule 26©) reads: The Parties are jointly and severally liable for the payment of JAMS Arbitration fees and Arbitrator compensation and expenses. In the event that one Party has paid more than its share of such fees, compensation and expenses, the Arbitrator may award against any other Party any such fees, compensation and expenses that such Party owes with respect to the Arbitration. This seems to allow for dumping the fees back onto the consumer. It seems there is some back and forth on this in this and other forums. Does anyone know of a case where a consumer was forced to pay the much larger JDB fees after losing contractual arb? Thanks!
  7. 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.
  8. 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 chime in, I can't thank you enough! My Answer to their complaint is due in on this coming Monday, btw. -OregonAce
  9. 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 Attorney they had at State mandated arbitration was a private contractor not an employee! . Has anyone had success with this argument in Oregon state court and if so what is the case number ? Or any other good arguments! Thanks!
  10. 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 required by your state? As far as I know, yes. I was handed the letter, the person walked off 8. What was your correspondence (if any) with the people suing you before you think you were being sued? I haven't contacted them before 9. What state and county do you live in? Oregon, Multnomah 10. When is the last time you paid on this account? Late Summer/early Fall 2009, so a couple months short of SOL 11. What is the SOL on the debt? 6 years 12. What is the status of your case? Suit served? Motions filed? I sent an answer to their complaint, they sent me a First Request for Admissions 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No. If only I knew better then 14. Did you request debt validation before the suit was filed? No 15. How long do you have to respond to the suit? Did you receive an interrogatory (questionnaire) regarding the lawsuit? 30 days for the complaint, 30 days to respond to the Admissions, and no questionnaire. 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? Nothing with the complaint. I sent a letter asking when the last payment was on the account and they sent a 1 page statement in response. So from here, I'm hoping for some help with the admissions (I can post their statements in a little bit if that would be ok). I'm also wondering if its too late to elect JAMS since I recall reading something about having to do so within 60 days of their filing the complaint, and prior to me answering them. From what I've read, the mandatory arbitration in OR is not my friend. Also, along with the request for admissions, they sent a letter asking me to call their office to discuss a possible resolution of the case. Thank you all for your time and responses in advance.
  11. 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 service legal as required by your state? - According to the courthouse clerk, no. But apparently it doesn't matter anyway. 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? - Portland, Multnomah 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) - Have no info about this account. I do not recognize the OC. 11. What is the SOL on the debt? - 6 years in Oregon. 12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name) - Complaint filed; served two weeks later - Response: came here for help with that 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) - No. 14. Did you request debt validation before the suit was filed? (Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late.) - No. I did receive a notice from the lawyer, in a non-postmarked envelope a mere 10 days before the suit was filed. 15. 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. - 26 more days 16. We need to know what the "charges" are. Please post what they are claiming.Common counts,account stated,breach of contract,claims of debt for goods sold and delivered,for work performed,for money loaned or advanced,for money paid and repayment is due,for money received on behalf of the plaintiff,money due on an account stated or on an open book account, indebitatus assumpsit, quantum meruit,quantum valebant,unjust enrichment. - Breach of Contract 17. Is the complaint "verified"? A verified complaint is one in which the last page it has a declaration from someone stating that the information and allegations are true and correct under penalty of perjury. - No. The complaint is not verified. 18. Did you receive discovery or interrogatory or Admissions (questionnaire) regarding the lawsuit? - No. 19. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. - Absolutely nothing.
  12. 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
  13. 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 they. I was handed a book to read about how to win against Asset Acceptance (herein referred to as AA). (LOL..can you tell I've been typing tons of papers....LOL). I put the book to memory...saw some really cool ideas and went for bear. Scared to death, I faced them down....looked them square in the eyes and said more or less, "bite me". They won in court appointed arbitration. I appealed and court date set. I showed up in court, they called in (however, I have since learned in the state of oregon, lawyers are not permitted to represent in small claims court...they can't go to the hearing). SOL expired while I was living in California. They waited til I moved to Oregon to file, and cited Utah and Texas laws as being primary over California. I said..."bite me". I refused to back down. I searched and searched and called everyone I could think of until miraculously, someone at Dell quietly snuck me an email....an older agreement 2006 (mine was from 2003). In the appeal I forced the JAMS arb issue as it states in the agreement, JAMS is mandatory...also states they pay 100% of fees if we go to arbitration. I pushed and pushed and pushed. I demanded JAMS in every document in every letter. I also screamed from day one, SOL had run out and AA was pulling the crap they were fined for by Federal Court ($2.1 million) in 2012 (??? I think it was 2012). I kept screaming. Kept kicking.... In the end, the Judge threw out their win from initial court appointed arbitration citing the original agreement as binding. JAMS it is. I filed, I included everything that should have been included in the original suit, but didn't know any better. I hit them with everything I had including all their screw ups that they will be fined for. JAMS accepted it on March 19. March 27, I received an offer of .... cough cough... settlement. Pffft. A get out of jail free card for AA. I will not sign it. It is garbage. AA did not send a copy of the settlement offer to the court, as the Judge had ordered. So I called the Judge's office. They now have a copy of the cover letter wherein they say they are not inclined to participate in JAMS arbitration. Course not, JAMS sent them an invoice for $800. (Remember, they pay all fees.) They already owe me $350 for what I have had to file...citing same clause in agreement. AA has offered my original demand for "dismissal with prejudice". Lovely. That's what I wanted a year ago. They offered without prejudice then. I told them where they could go and told them they no longer had permission to contact me for any reason except to offer a settlement of "dismissal with prejudice". Hence, the offer came straight to me. I spoke to JAMS earlier today, they have been calling JM for AA trying to get a response. They will try for 30 more days to get a response and them will send me a letter to give to the court showing we have both attempted to follow the court order but the respondent refuses to engage. YAY. So...here I sit staring at the offer. They are attempting to keep it out of California. No dang way. That paragraph goes. They want this confidential saying I can't discuss it. Not likely. Something like that will cost them $5,000...made payable to ME. That paragraph will be changed. The don't want me to file any more charges...PFFFFFT. They broke the law and want me to shut up? Not sure how much that is worth...possibly priceless. I may just say "bite me". I am trying to remember how to put up images....I photographed the entire thing. Let's see if I can post them here. I am open to any and all comments on how to modify this agreement so I don't get taken again. They are crooks and I just won't sign. Oh, and they say at the end that I am represented by counsel. They are full of it...they know I have no money for counsel. I did everything on my own with some help from several of you here in this forum (I adore you all). So...let's figure out the image thing now and please please feel free to comment...good and bad. I need straight talk. Thanks so much!
  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, 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 the difference so I could start screaming they tricked me on purpose. I was late on responding to items..but then, so were they. I was handed a book to read about how to win against Asset Acceptance (herein referred to as AA). (LOL..can you tell I've been typing tons of papers....LOL). I put the book to memory...saw some really cool ideas and went for bear. Scared to death, I faced them down....looked them square in the eyes and said more or less, "bite me". They won in court appointed arbitration. I appealed and court date set. I showed up in court, they called in (however, I have since learned in the state of oregon, lawyers are not permitted to represent in small claims court...they can't go to the hearing). I never whined, but will if I have to use that. SOL expired while I was living in California. They waited til I moved to Oregon to file, and cited Utah and Texas laws as being primary over California. Only used Oregon when it looked like it would help them. I said..."bite me". I refused to back down. I searched and searched and called everyone I could think of until miraculously, someone at Dell quietly snuck me an email....an older agreement 2006 (mine was from 2003). In the appeal following my loss in court appointed ARB, I forced the JAMS arb issue as it states in the agreement, JAMS is mandatory...also states they pay 100% of fees if we go to arbitration. I pushed and pushed and pushed. I demanded JAMS in every document in every letter. I also screamed from day one, SOL had run out and AA was pulling the crap they were fined for by Federal Court ($2.1 million) in 2012 (??? I think it was 2012). I kept screaming. Kept kicking.... In the end, the Judge threw out their win from initial court appointed arbitration citing the original agreement as binding. JAMS it is. I filed, I included everything that should have been included in the original response and subsequent discovery papers, but didn't know any better. I hit them with everything I had including all their screw ups that they will be fined for. JAMS accepted it on March 19. March 27, I received an offer of .... cough cough... settlement. Pffft. A get out of jail free card for AA. I will not sign it. It is garbage. AA did not send a copy of the settlement offer to the court, as the Judge had ordered. So I called the Judge's office. They now have a copy of the cover letter wherein they say they are not inclined to participate in JAMS arbitration. Course not, JAMS sent them an invoice for $800. (Remember, they pay all fees.) And they say I owe $1,100. They already owe me $350 for what I have had to file...citing same clause in agreement. AA has offered my original demand for "dismissal with prejudice". Lovely. That's what I wanted a year ago. They offered without prejudice then. I told them where they could go and told them they no longer had permission to contact me for any reason except to offer a settlement of "dismissal with prejudice". Hence, the offer came straight to me. I spoke to JAMS earlier today, they have been calling JM for AA trying to get a response. They will try for 30 more days to get a response and them will send me a letter to give to the court showing we have both attempted to follow the court order but the respondent refuses to engage. YAY. So...here I sit staring at the offer. They are attempting to keep it out of California. No dang way. That paragraph goes. They want this confidential saying I can't discuss it. Not likely. Something like that will cost them...made payable to ME. That paragraph will be changed. The don't want me to file any more charges...PFFFFFT. They broke the law and want me to shut up? Not sure how much that is worth...possibly priceless. I may just say "bite me". I am open to any and all comments on how to modify this agreement so I don't get taken again. They are crooks and I just won't sign. Oh, and they say at the end that I am represented by counsel. They are full of it...they know I have no money for counsel. I did everything on my own with some help from several of you here in this forum (I adore you all). Please, please feel free to comment...good and bad. I need straight talk. Thanks so much!
  15. 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 website they claim to be debt collectors as well as attorneys..... Thanks am going crazy here in oregon
  16. 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.
  17. 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 photocopied statements and the affadavit? Should I argue heresay? Here is the lowdown, thanks. 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.) Daniel Gordon 3. How much are you being sued for? 2600 4. Who is the original creditor? (if not the Plaintiff) Wamu then chase?? 5. How do you know you are being sued? (You were served, right?) served 6. How were you served? (Mail, In person, Notice on door) mailman in person 7. Was the service legal as required by your state? yea Process Service Requirements by State - Summons Complaint 8. What was your correspondence (if any) with the people suing you before you think you were being sued? never had contact with them 9. What state and county do you live in? Snohomish county, WA 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 2009 11. What is the SOL on the debt? To find out: 6 years in washington state?? Statute of Limitations on Debts 12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). I responded denying the debt, and demanded they provide me evidence I broke a contract. The responded by sending a bunch of statements saying I owe xx amount of dollars. Sent request for admittance and request for production to both which I have replied in denying everything using the templates provided here to answer the questions. 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No 14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late. Too late 15. 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, and I responded to the claims. It was pretty much the standard crap, customer got card from wamu xxxx blah used it to buy stuff, broke terms and conditions etc...it had 15 admittances/interrogatories Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. They sent and affadavit from florida saying I owed 1600 dollars on the account when it was sold to midland funding. And sent like 5 photocopies of statements showing non payment from chase bank. 17. Read this article:
  18. 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!
  19. 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 these documents and many more that they evaded and finally produced the 1 page Bill of Sale which doesn't prove anything when they had to provide their Pre-Hearing Statement of Proof. Any advice would be much appreciated! Thanks!
  20. 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 documents. It was signed by a person claiming to be the Asst Vice President of CitiFInancial, Inc. (OC) and notarized - the signature was illegible. This was from Missouri. I googled the asst. VP's name and the name of the notary, and there were no hits. I researched the notary on the Missouri Sec. of State website and "No records were found for the search criteria" popped up when I entered his name. 2) The Certificate of Conformity was signed and that lawyer does have a website and to my knowledge, is a practicing attorney. He is from Missouri. 3) There is a Bill of Sale and Assignment to Midland in San Diego, CA. This guy doesn't come up for Citi on google...only on another forum which states he signed the poster's BOS. 4) Information on my alleged acct. This is what is typed on the bottom: Data printed by Midland Credit Management, Inc. from electronic records provided by CitiFinancial Inc. pusuant to the Bill of Sale/Assignment of Accounts dated XX/XX/XXXX in connection with the sale of accounts from CitiFinancial Inc. to Midland Funding LLC. Midland's attorney also refers to me as the incorrect sex...any way that can be cause to dismiss for technicality? just wondering! Should I file a motion to strike the affidavit? I have a mandatory arbitration for the end of the month. Should correspondence be mailed to the arbitrator, or file with the court? Finally, I may be slow to respond because my sister just passed away, so I am dealing with a lot of personal issues right now. Please know I am thankful for all the help you can give me.