bloomingfern

Is it too late for Request for Admins?

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I'm in Oregon - mandatory arbitration has been assigned.

Atty's have asked for my dates and choice of arbitrators

Is it too late to send a Request for Admins?

There was no supporting documentation attached to my summons and I have not received a request for discovery from them.

Not sure what they have or don't have??

Edited by bloomingfern
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I'm in Oregon - mandatory arbitration has been assigned.

Suttell & Hammer have asked for my dates and choice of arbitrators

Is it too late to send a Request for Admins?

There was no supporting documentation attached to my summons and I have not received a request for discovery from them.

Not sure what they have or don't have??

Not sure ... but as I recall your Plaintiff is OC Citibank.

You filed an answer - now looking at court mandatory mediation - ADR.

This is not private Arbitration - JAMs or AAA.

How much is the claim? What is the SOL?

What is on the claim - 'Breach of Contract' and 'Account Stated'?

Original creditors sometimes don't produce a written contract in 'breach of contract' debt collection cases. The consumer supposedly accepts the contract by using the card after receiving the agreement, terms and conditions. There many defenses to this claim and its sum.

The 'account stated' cause of action is an old claim generally used for open commercial accounts, and one that the debt collection industry has adopted for consumer accounts. In order for an account to become stated, the creditor must provide the debtor with a statement of the account. An account does not become stated simply because the creditor demands payment of a lump sum.

With court odered mediation you may not have complete due process for discovery. It will be limited discovery. If they don't have any supporting documentation (exhibits) attached to complaint - you can get it dismisses for lack of standing.

Your best bet is remand back to court and/or read up on Arbitration threads to MTC Arb (with AA or JAMs) from your agreement.

Why did the court force mediation - this is usually something reseved for pretrial conferance or hearing - then if the partys don't have a 'meeting of the minds' a trial date is set.

Yours sounds like no court - only ADR mediation.

Edited by FL4answer58
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Recovering Attorney is correct. In Oregon - any claims less that $10,000 automatically are assigned to arbitration.

The summons says that they defendant entered into a written credit agreement and became indebted on the account for goods, services and monies loaned. The defendant has defaulted on the obiligation by failing to make payments and currently owes $........

It also says that the plaintiff has made a demand on the defendant - 30 days prior and the defendant has failed or refuses to pay. This is NOT TRUE. The first communication I received from Suttell & Hammer was the summons.

Thanks again for your help!

Edited by bloomingfern
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