Oregon Court Arbitration

[goodgrief]

I should start by saying that I moved to OR temporarily and am not a resident.

However, I received a summons from Suttell & Associates seeking a judgment against me for CC debt with a CC# I never owned.

I answered the summons requesting a Motion to Dismiss based on that and the fact that even if the CC# was changed once they bought the junk debt, which I've read happens, the SOL for NC has expired. (I haven't had any new debt since early 2007 and the NC SOL is 3 years.)

Suttell & Associates did not mention who the original card was with, only that CACH, LLC bought the debt and was the Plaintiff.

The court responded simply by moving it to Arbitration with no explanation why or information concerning my Motion to Dismiss.

What I don't understand is why the OR Court moved it to Arbitration when I made them aware the debt has not been validated to be mine AND when the SOL has expired in the state the supposed debt was created and last paid?

AND when I'm not even a resident of OR?

Should I just calmly wait for S & A to contact me on choosing an arbitrator? Help.

[FL4answer58]

However, I received a summons from Suttell & Associates seeking a judgment against me for CC debt with a CC# I never owned.

CACH, LLC (is a Junk Deb Buyer) bought the debt and was the Plaintiff.

The court responded simply by moving it to Arbitration with no explanation why or information concerning my Motion to Dismiss.

This is most likely court appointed ADR not private Arbitration.

Did Cach lawyers file any motions after your MTD? If so what - ?

[goodgrief]

Yes, it appears to be court appointed. I read after posting last night that OR requires disputes under $50,000 to go to arbitration. Perhaps the arbitration paperwork the Court sent was an automatic response to the Plaintiff's filing?

No, I don't believe that CACH, LLC/Suttell & Associates filed a response because I didn't receive a copy of it. I believe I should receive a copy of their response, is that correct?

Thanks for your reply~

[Oregonactor]

Goodgrief,

I was sued by these idiots earlier this year. The court appointed arbitration is actually called Alternate Dispute Resolution or ADR. It is a very simple process, and mine was extremely quick. I was served in February and my case was completely over mid-May with me being victorious.

In my case, Suttel & Associates claimed that I never sent them a copy of my answer. They did a few steps back when I produced a CMRRR receipt with their signature on it. Of course, if I knew now what I knew then, I would have had the weight of the envelope because they are known to claim that only an empty envelope was received.

They do their homework, but in a VERY sloppy way. Not only did they not show up to the ADR hearing (they claimed they received no notice from the courts but the courts verified 4 different letters went out with the information) but they also missed the window for the appeal stating that they "miscalendered the appeal period at 30 days rather than the 20 days". Well, obviously they don't know Oregon law very well because I was told that it has always been a 20 day appeal period. So after the appeal period was over, Suttel & Hammer filed a big huge Motion to Vacate based on the fact that they screwed up and wanted another shot at me. Judge said no, and I was awarded court fees and have no liability to the alleged debt.

I was never given the chance to DV, but in my case, it went VERY well. It helps that Suttel & Hammer is a 5 hour drive to where I am in Oregon, so I think they just thought that they wouldn't have to show up and they could file a MTV and it would be granted because they are attorneys.

A couple of questions that I really wanted to know in my ADR: Please provide documentation that you are authorized to bring this suit on behalf of Chase Bank. I was bummed that I didn't get the chance to ask that. I also wanted documentation that the debt was mine. If your debt was sold, I would challenge that fact alone because you do not owe anything to CACH, LLC. Go to the ADR with the ammunition that you have - the cc isn't yours and never has been.

Remember, THEY have to prove their case, don't do it for them. Have documentation for your defense, but don't play your hand early. Suttel & Hammer are not the brightest bulbs in the city.

Let me know how it goes! Would love to hear that someone else handed these guys their a$$ on a platter like I did.

Oregonactor

[goodgrief]

Thanks for the information Oregonactor!

I agree S & A are slime and really sloppy thus far and CACH, LLC as well.

I'll update my case as it progresses...

[FL4answer58]

See: Sliwka v. Cach, LLC et al, Oregon case.

Justia.com

Read this thread: http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=301798

Edited October 6, 2010 by FL4answer58

[goodgrief]

I rechecked my credit report and it appears the card referenced/BoA/MBNA/FIA is mine. However, the SOL has expired so that's still in my favor.

Does anyone know if the BoA agreement states contractual arbitration and if the consumer has the right to choose? Currently, the Oregon Court moved the case S & A brought against me from civil court to court system ADR.

I'd love to use the trueq letter below in response to the court request to choose a court arbitrator, by attempting to force it into JAMS. Is that possible?

If so, I'd hope that would scare S & A away since the cost is so great.

Thanks!

______________

"Pursuant to section/page XXXX of the enclosed Cap1 agreement, I/we hereby ELECT arbitration to resolve all disputes between us.

As you are aware, once arbitration is exercised by either party, pursuant to the agreement, both parties waive their right to litigation.

I/we expect dismissal of case #XXXXX no later than 30 days from the receipt of this notice.

I/we also demand you immediately forward any amounts required in the contract and amendments to initiate our claims against Cap1 in the contract.

If you would kindly forward the agreement and ALL AMENDMENTS so we can determine what amounts Cap1 needs to forward to me/us for my/our claims in arbitration I/we would much appreciate it.

Thank you,

sincerely

oppressed consumers (s)

[Oregonactor]

Goodgrief,

Check Oregon law before you try to force something into arbitration. Oregon law requires state mandated ADR. With that requirement, and you trying to force something into JAMS arbitration, that could be shooting yourself in the foot because it could appear that you are buying time. I understand what you want to do, but I do not know what the consequences could be if you demand arbitration outside of the state mandated procedure. Maybe nothing, but it would be something to consider.

One thing that I did was call the OC and find out who they had assgned the debt to. They did not sell it, they had only assigned it. The name they gave me was NOT Suttell & Associates, so I had that in my defense as well.

Do some research homework before you try to play an arbitration card. Find out if Suttell & Associates is truly the attorney of record. The other thing I caught them on, which was minor, but the courts found funny was that the legal documentation that they filed said: Suttell & Associates, formerly Suttell & Hammer on some pages, but on others it said Suttell & Associates formerly Suttell & Associates. Not the cleanest work for an attorney.

[RebelLady]

Not the cleanest work for an attorney.

I agree. Attorneys must hire some of the dumbest staff in the entire universe. I've been sued for debts that weren't mine when the JDB had a debt for twice the amount that was mine and that they should have sued me on...

They do some of the sloppiest work imaginable and sometimes, if the Defendant is quick enough (like you obviously were) to catch their stupid mistakes, they can use them to their advantage.

RL

[admin]

Also - I'm not sure of SOL counts in arbitration. Arbitrators don't have to follow the state laws. Anyone?

[goodgrief]

Oh gosh, the SOL statement not being counted by the Arbitrator worries me.

Shouldn't the fact that I'm a North Carolina resident hold some weight? I'm not a resident of Oregon nor do I think I want to be at this point if the courts work in this manner.

[oregonpilot]

I would think SOL would count with a Mandotory arbitrator it is Oregon court appointed arbitration

you should be getting a letter to choose a arbitrator

the choices would most likely be local attorneys posing as the arbitrator

I would file a motion to dismiss because of SOL if that is the case

The motions I tried to file with the court before manditory arbitration had to be sent to the chosen arbitrator

But if one has not been chosen yet the judge may rule on it

Good luck

Also if it doesnt go your way it is very simple to appeal the arbitrators ruling and send it back to trial or Binding ARB

And of course follow Oregon actors advise The arbitraror gets paid for hearing the arbitration and will want to have a hearing to get paid

so be prepared

Edited October 15, 2010 by oregonpilot

[goodgrief]

Thanks OregonPilot, I did file a Motion to Dismiss to the Oregon court based on the SOL in my home state of NC.

The Oregon Court responded only by stating it had been moved to arbitration.

Suttel & Associates did not respond to my Motion to Dismiss, of which I sent registered. I validated online they received it.

Sutell & Associates have not yet contacted me to choose an arbitrator. I believe that responsibility lies with them but I'll double check my paperwork from the Oregon Courts.

[goodgrief]

Once the arbitration date is set, can I counter sue S & A for travel costs back to Oregon for the arbitration?

How would I file that? Just document it with my original Motion to Dismiss and send it to the chosen arbitrator?

[FL4answer58]

Once the arbitration date is set, can I counter sue S & A for travel costs back to Oregon for the arbitration?

How would I file that? Just document it with my original Motion to Dismiss and send it to the chosen arbitrator?

If you intitate arbitration you set the venue - location.

They must agree and/or meet you in that venue of choice.

If not select a local for a vacation - I know others have - what goes in Vegas stays in Vegas.

If you win you can recover costs.

You can still use the SOL in Arb.

Edited October 12, 2010 by FL4answer58

[Deputydog507]

I have arbitration coming up in Oregon. Any idea on what the pre-hearing statement is? I do not know what to write in it. Plus, do I send a copy to the court and the Plaintiff after I send the originial to the arbitrator?

[skippy1960]

Also - I'm not sure of SOL counts in arbitration. Arbitrators don't have to follow the state laws. Anyone?

This is not accurate, arbitrators can't decide what they want to do, there must be a basis for their decisions as with any other trier of fact. In Private Arbitration (JAMS), there is a call with all parties in which the choice of law is selected.

Arbitration is based on a contract, and many contracts have choice of law provisions. Example Cap One's choice of law is Virginia, in which SOL is 3 years. A smart defendant who maybe outside the SOL for Virginia Law, but still inside their states SOL could use this to their advantage...

If there is no choice of law provision, it would be typical to use the state in which the matter is being heard...

[krascal75]

Suttell and Hammer seems to be the biggest law firm around regarding potential credit card debt. I am in the same boat as many other people in that they are after me for money they say I owe from a credit card I supposedly had in 2003. Conveniently, they say I made an electronic payment in 2006 so the Statute of Limitations is null and void.

Here's the deal- it has gone to an arbitrator. I am going it on my own because I can't afford an attorney. I asked for and, after asking again, received a packet of information from Suttell and Hammer. The packet includes statement pages showing the account has not been active since 2003.

We are, like so may others on this forum, doing a telephone arbitration. I talked with an attorney from Suttell and Hammer a couple of days ago and asked him specifically if I had the entire account history. His response was "I don't know." Hmmmm, if he doesn't know, can I assume that what I have is all they have? Can they add else the day of the arbitration hearing?

I honestly do not recall ever having this credit card. I asked for something with my signature. The Suttell and Hammer attorney said they did not have anything with my signature. Interestingly enough, I am a current customer of the bank I supposedly had the credit card with. Opened this current account a few years ago with no problem, no red flag, no nothing. Just opened it and have been using it ever since.

My biggest question is can they bring anything new to the table or can they only rely on what they sent me? Arbitration is before the end of March so hoping for some good advice soon.

[krascal75]

My question is regarding the submission of "new" information after discovery has been complete. Is that legal? I am tied up with Suttell and Hammer on this issue and suddenly, they have located new information- the "new information" is from 2005. I asked them via US Mail almost two full months ago if I had the complete account history. They never responded until last week when verbally the attorney said, "I don't know." Any suggestions on how to proceed with this new info? Can they use it?

[purplebb]

I have arbitration coming up in Oregon. Any idea on what the pre-hearing statement is? I do not know what to write in it. Plus, do I send a copy to the court and the Plaintiff after I send the originial to the arbitrator?

I believe that everything that is furnish to the arbitrator has to be file with the court and a copy sent to the opposing party.

[purplebb]

If you intitate arbitration you set the venue - location.

They must agree and/or meet you in that venue of choice.

If not select a local for a vacation - I know others have - what goes in Vegas stays in Vegas.

If you win you can recover costs.

You can still use the SOL in Arb.

Oregon has mandatory arbitration, i believe you can counter sue expenses incurred in the lawsuit if you win or if you have other things to counter sue for. Also good grief the SOL in oregon is 7 years so it is def passed the 7 years but you need to bring the SOL defense up in your answer to the complaint, or ammend the complaint if you didn't. I am just going through all of this and still learning also. But they have to file the complaint in the county you were living in at the time of the complaint, if they didn't I would ask for it to be dismissed.