Oregon Arbitration - what to expect?

[bloomingfern]

Received Summons from Suttell & Hammer on behalf of Citibank in August (no documentation was attached)

Answered the complaint - filed with the court and sent a copy to Suttell & Hammer within the required timeframe.

Just received a letter from the court that my case was assigned to mandatory arbitration.

Have not received any admission from Suttell & Hammer or sent any discoveries of my own.

Just wondering if someone can clue me in on what to expect for the arbitration hearing.......

Thanks!

[Oregonactor]

Received Summons from Suttell & Hammer on behalf of Citibank in August (no documentation was attached)

Answered the complaint - filed with the court and sent a copy to Suttell & Hammer within the required timeframe.

Just received a letter from the court that my case was assigned to mandatory arbitration.

Have not received any admission from Suttell & Hammer or sent any discoveries of my own.

Just wondering if someone can clue me in on what to expect for the arbitration hearing.......

Thanks!

bloomingfern...

I did this a few months ago. It is Oregon law to assign it to mandatory arbitration. Please keep in mind that this is NOT the same kind of arbitration that you read about on this forum. It is simply a private, neutral location where you, the plaintiff and a "arbitrator" will meet to mediate your case. In my case against S&A, we did not agree on a mutual arbitrator so the court randomly selected one. The arbitrator is simply an attorney that is licensed in the State of Oregon to be the mediator. Some do their homework prior to the case, some do not.

Make sure that you have copies of your answer to present if necessary. S&A pulled the "defendant did not send us copy of answer" card but I had not only a copy to provide again, but also had the green card showing the signature.

What I sent to my "arbitrator" was cover letter with the following attachments: a copy of my calender, a copy of the answer, a copy of the green card showing the signature and my half of the fees which was $250. This was the "discovery" that was submitted. It was not required, but it allowed the arbitrator time to read the information prior to the meeting. I also sent a copy of the same information CMRRR to S&A.

The meeting did not go as planned as S&A did not show up, so I won by default. I don't know how dirty they play in the meeting, but be sure you have your homework done, understand it, and be ready to present what you need to on your side to defend yourself without helping them prove their case. Take copies of any correspondence that you have had with them. Sometimes they can shoot themselves in the foot with violations that they didn't even know they made.

And keep in mind...they had to change their name from Suttell & Associates to Suttell & Hammer because of violations. They are sloppy. I had documents that said Suttell & Hammer formerly Suttell & Hammer. Huh? The aribitrator laughed over that one.

Keep us posted.

Oregonactor

[bloomingfern]

Thanks OregonActor! I appreciate your response. I can only hope that they don't show up

I don't have much correspondence from them as the summons was the only thing that I received from them - no other letters or paperwork that they were collecting a debt on behalf of Citibank.

There was nothing attached to the summons and they haven't sent me any request for admissions nor have I sent them any discovery requests. Did you?

I'm wondering if I should sent them a request for admission or is it too late?

They have asked me for my choice of arbitrator and dates - any advice on this?

Thanks again for your time ~ it really helps.

[goodgrief]

Bloomingfern, it appears that Suttell & Associates are busy in Oregon...

I am in the same boat and awaiting S & A to choose an arbitrator. After receiving the Court ordered arbitration letter, how long did it take before S & A contacted you to decide on one?

I am wondering what happens if they drop the ball and don't initiate the choice of arbitrator within the allotted 21 days. Does the court throw it out or does the Court simply choose an arbitrator as if we couldn't agree on one? The way I interpreted the letter from the Court is that it is the Plaintiff's responsibility to contact me.

I'm going to stop by the Courthouse tomorrow for some answers but wanted to check on your experience as well.

Thanks!

[goodgrief]

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.

[bloomingfern]

Goodgrief,

I received the same notice from the court saying that my case had been assigned to arbitration and it was the plaintiff's responsibiliy to contact me to reach an agreement on an arbitrator.

About a week later, I received communication from Suttell & Hammer asking for available dates and my choice of arbitrators. The same day, I received the notice from the court about the change of address.

Maybe they are going to leave you alone?? I would definitely check with the courts.

Did they send any supporting documentation with the your summons? Nothing was attached to mine, so I don't know what they have (or what they don't have for that matter)

Maybe I should have filed a motion to dismiss??

[goodgrief]

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]

Great. I need all the info I can get so I'll be well prepared.

I send Suttell & Hammer my dates and choices of arbitrators. I will post when I hear back.

[Huey Pilot]

Received Summons from Suttell & Hammer on behalf of Citibank in August (no documentation was attached)

Answered the complaint - filed with the court and sent a copy to Suttell & Hammer within the required timeframe.

Just received a letter from the court that my case was assigned to mandatory arbitration.

Have not received any admission from Suttell & Hammer or sent any discoveries of my own.

Just wondering if someone can clue me in on what to expect for the arbitration hearing.......

Thanks!

I received two Documents today from an Oregon Court calling for responses of choice of Stipulation and 5 choices for my preference in Court assigned Arbitrators.

Oregon has a mandatory arbitration requirement for civil suits to be assigned to arbitration to so call ease the burden of the Court system. This is scary and the potential for collusion and/or the old boy network of lawyers/judges, now court approved arbitrators, calling in past favors is horrific. The fox has been assigned to the chicken coop more or less. So now what?

Choices:

1. Arbitrator Selection Response by Stipulation, or

2. Arbitrator Selection Response Without Stipulation

If stipulation is not possible each party may circle the desired arbitrator/s on the list, below and mail to the arbitration clerk within 21 days for consideration of the appointment of an arbitrator.

Unknown Name #1 [ ] x here

Unknown Name #2 [ ] x here

Unknown Name #3 [ ] x here

Unknown Name #4 [ ] x here

Unknown Name #5 [ ] x here

Of course this process calls for another $600.00 to be split 50/50% with Plaintiff.

Suggestions on selection or type? Has anyone been through one of these or have any experience with Oregon Arbitration.

I've been to traffic Court once or twice but never in debt and truly am stumped as what to do.

Thanking you in advance,

Huey Pilot.

[Huey Pilot]

Arbitration Experience with Midland Funding, LLC/Daniel N. Gordan, PC anyone?

Even the Court Required Forms are confusing.

[skippy1960]

I am not sure you are heading in the correct direction. The arbitration that is being spoke of in this forum is "Private Contractual Arbitration" performed by a private company. Example AAA or JAMS.

These are based on the cardmember agreement of the CC debt.

You are asking questions, it seems about your local court arbitration, which as far as I know isn't usually a good place to be.

Given that hard to explain what you may want to do.

How did you get to where you are, court arbitration?????

[Huey Pilot]

I am not sure you are heading in the correct direction. The arbitration that is being spoke of in this forum is "Private Contractual Arbitration" performed by a private company. Example AAA or JAMS.

These are based on the cardmember agreement of the CC debt.

You are asking questions, it seems about your local court arbitration, which as far as I know isn't usually a good place to be.

Given that hard to explain what you may want to do.

How did you get to where you are, court arbitration?????

Thank you for your inquiry. I was presented with Complaint from Midland Funding, LLC regarding Chase Credit Card Dept, I filed a timely answer with the Court. Then received requests for Admissions and Production of Documents, I answered again in a timely manner with CMRRR and am in the process of sending my Defendants request for Admissions and Production when I received Documents from the Circuit Court that my Civil Case has been assigned to mandatory Alternate Dispute Resolution (an Oregon Requirement). Tomorrow I will submit my requests and visit the Court Arbitration Clerk to see how to proceed and how to comply with the Courts form completion.

Was hoping to open dialog with another Midland Defendant that has gone through similar process here in OREGON.

Thanks skippy you are right it's not a good place to be,

Huey Pilot

Edited December 13, 2011 by Huey Pilot
Omissions

[Huey Pilot]

Copy of the forms and Court Proceeding

IN THE CIRCUIT COURT OF THE STATE OF OREGON

FOR WASHINGTON COUNTY

Arbitration Department

145 NE 2nd Ave, Hillsboro, Oregon 97124

(503) 846-8888 ext. 2299

846-4863 TTY

November 30, 2011

Midland Funding LLC/I

Caseft: ••••••i Civil Contract

NOTICE OF SCHEDULED COURT PROCEEDING

Scheduled Proceeding: Assigned to Arbitration

Date: 11/30/11

If you have received this notice via e-mail, the response form will be

sent by separate e-mail. You will need to complete it and mail it back

to the Court within 21 days.

MOTIONS: Once a case is assigned to arbitration, all motions shall be

filed with the arbitrator only and determined by the arbitrator. The

arbitrator will have a list of any exceptions. (DO NOT FILE THE

ORIGINAL OR COPY OF THE MOTION WITH THE COURT)

NONCOMPLIANCE: All parties, including the arbitrator, are required to

comply with arbitration rules and time limits or be subject to

dismissal. THIS IS YOUR NOTICE. Failure to comply will result in a

Judgment of Dismissal.

ARBITRATOR FEES: Each party shall pay to the Arbitrator ...prior to the

hearing, their pro rata share of the Arbitrator's fee of $600.

OBJECTION FORMS: Any party seeking exemption from arbitration may

contact the arbitration clerk for an Objection to Arbritration form.

The objection must be filed within 14 days of this notice.

Americans with Disabilities, call 503-846-8767.

CC:

MATTHEW R AYLWORTH

Then attached was a form calling for Arbitration Selection Response with/without stipulation and a circle your choice (bingo card) type of preferred arbitrator selection.

IN THE C I R C U IT COURT OF THE STATE OF OREGON

FOR THE COUNTY OF WASHINGTON

ARBITRATION DEPARTMENT

December 1,2011

Pursuant to UTCR 13.080 and 13.090, the'parties may select an arbitrator by stipulation. Plaintiff shall be responsible

for initiating and consultingwith all parties regardingthe selection of the arbitrator. IF THE ARBITRATOR

SELECTION RESPONSEHAS NOT BEEN RECEIVED BY THE ARBITRATION CLERK WITHIN 21 PAYS. THE

COURT WILL APPOINT AN ARBITRATOR AND NOTIFY ALL PARTIES. ARBITRATOR SELECTION

RESPONSES RECEIVED AFTER THE 21 DAY LIMIT WILL BE RETURNED MARKED UNTIMELY. After the

selection, the plaintiff shall contact all parties and the arbitrator to schedule the hearing date. If parties stipulate to an

arbitrator, plaintiff shall complete the stipulated arbitrator selection response form and send the original of this notice to

the Arbitration Clerk within the 21-day period.

The scheduled hearing date shall be set no later than 49 days from the selection or appointment of the arbitrator.

Postponements or continuances must be within the 49-day period or haVe approval of the Court.

All parties including the arbitrator are required to comply with arbitration rules and

time limits or be subject to a dismissal. THla IS YOUR NPTICE. failure to comply will

result in a Judgment ot Dismissal.

ARBITRATOR SELECTION RESPONSE BY STIPULATION

( i o oe completed oy nainnn u tnere is a stipulation;

CASE NAME:

ARBITRATOR: PHONE #:_

ADDRESS:

SCHEDULED HEARING DATE: TIME:.

HEARING ADDRESS:

CERTIFICATION: I hereby certify that the above information is accurate and that I have sent copies as required to all parties/attorneys of record and

the Arbitrator.

Date signature

Print Name

ARBITRATOR SELECTION RESPONSE WITHOUT STIPULATION

(io oe completed oy an parties n tnere is not a stipulation)

If stipulation is not possible each party may circle the desired arbitrator/s on the Ust^ fill out the information below and mail to the

dmtranon cierit wiitur* £1 UAYSJOT consideration 01 me appointment of an arbitrator.

1. RUDY R. LACHENMEIER 4. LARRY T.COADY

2. KIT A. JENSEN 5. KEN L. AMMANN

3. ROGER HENNAGIN

Case NoQiHHBIx Case No' C113974CV Case No-C113587CV

Case No. c lT39TOCv^ Case No. C113832CV CaseNo.C113677CV

PLAINTIFF/ATTORNEY ', DEFENDANT/ATTORNEY

PRINT NAME

Pretty much a game changer. Now what??

[eliduc]

In Oregon the arbitration is stacked heavily in favor ot the corporate defendant. My daughter was rear ended while stopped to make a left turn. Both parties had the same insurance company which used the Oregon arbitration statute to avoid paying a just claim.  It refused to pay personal injury on my policy and liability on the other driver's policy. THe insurance company sent my daughter for an independant medical exam to physician who had his liscense suspended in two states including Oregon and did not have admitting privilages at any Oregon hospital. Medical expenses were about $5000 so I filed in small claims court.  The defendant asked for a jury trial which removed the suit  to Circuit Court and automatic arbitration. I was required to file a formal complaint in Circuit Court and pay filing fees and the arbitrator fee. Both parties are permitted to choose an arbitrator from a list. Of course, the insurance company,who has been to arbitration before, is going to pick a known sympathetic arbitrator who is in most cases a local lawyer who can't make it in the real legal world. My fees were over $600 by the time the case was arbitrated. The defendant did not respond to the complaint  within the 20 day time limit. I filed for a default judgement. The court clerk refused to pick the motion up from the counter. I then served it on the court by registered mail. The arbitration is governed by Oregon Rules of CIvil Procedure. The defendant responded to the motion and it was inserted into the record but not my motion for default judgement until a year after the arbitration was concluded. I should have complained to the supervising clerk or Judicial Review Board. The arbitrator met ex parte with the opposing attorney and then attempted to pursuade me to abandon my subpoena served on the claims adjuster. This was two days before the hearing. The arbitrator's ruling is final and not appealable as to the amount of award.  However, if there is an error in the computation of the award a party can file for an exception to the award with the Circuit Court. In my case the arbitrator awarded medical costs but only $60 for four months of loss of wages which was an insult. I filed for an exception stating that since the arbitrator admitted to the disability, that the $60 had to be a mistake in the computation of the disability. This pissed off the judge who ordered me to file a notice of appeal with the Circuit Court.  I had figured I was safe in filing for the exception. I had not factored in the incompetence of the judge. Under statute the judge had twenty days to either  grant the motion or deny it, period.  If he did not act it was automatically denied. The judge did not act within the 20 day time limit. I filed a notice of appeal but it was in the Oregon Court of Appeals of his order ordering me to file a notice of appeal which he lacked the desgression to do.  Since he had failed to respond in a timely matter my motion was already automatically denied. The irony of all of this was that I had earlier received a letter from the judge advising me that I was subject to obsrving all of the rules of the court.  His order had the affect of setting aside the arbitrator's award for medical costs.  A judge from the appeals court dismissed my appeal on a technical ground. I could have refiled the appeal but the arbitration had drug on for more than six months with the exchange of various motions for discovery,  requests for interogatories  and depositions. The opposing attorney called and begged me to accept the arbitration award. I was tired of it all and accepted. Had I pursued it under Oregon statute there would have been a second arbitration of the arbitration. Then the case would have proceeded io a Circuit Court jury trial. The amount of the arbitration award would have been sealed from the jury. If I had prevailed at trial and the jury award was one cent less than the arbititrator's award, I, as the prevailing party would have been liable for all court costs and the defendant's attorney fees. That's how the Oregon Arbitration statute works. Considering the tratment I had already received from this court there was no way I was willing to risk a trial.  People think that they are insured to drive in Oregon but they are not. Unethical insurance companies know that lawyers will not accept a case that will go into arbitration and that the average injured party lacks the knowlege to write and steer a complaint through the arbitration and rules of civil procedure.  Through our attorney who filed suit for liability and what we were awarded for PIP medical costs we collected actual damages plus I probably cost the insurance company tens of thousands of dollars in attorney fees.  The Arbitration statute was passed for the stated purpose of streamlining the court calendar. However, the only way that it works is by denying injured parties due process.  In the process lawyers  are denied the opportunity of negotiating settlements out of court. The Oregon statute appears to have been written by the insurance companies.  This case could have been settled in twenty minutes in small claims court.

[TomnTex]

No one is going to read this last post unless you go back and edit it with paragraph and line breaks. It's so run together that I only got three lines and gave up. Hit the edit button and fix it if you want it read and answered.