tmaethree Posted August 11, 2011 Report Share Posted August 11, 2011 OK, In Jan 2011, Midland Funding, suing me for Chase CC debt. Live in OR, mandatory arb. Hearing 6/24/11, no proof of ownership. Arbitrator, gave plaintiff 15 days still have not heard. Left vm for Arbitrator heard nothing. Received notice from court stating pending dismal if not contacted by the 15th of Aug.Need to know what to do now. Should I request a dismal based on that there was no proof of debt.Also how do I request that court cost, $139. for answering complaint and $500 for arbitration. Link to comment Share on other sites More sharing options...
1stStep Posted August 11, 2011 Report Share Posted August 11, 2011 If the case is dismissed, you can ask the clerk for a memorandum of costs...they will probably have forms for you. Fill it out and file it with the clerk. Link to comment Share on other sites More sharing options...
gal-in-Oregon Posted August 11, 2011 Report Share Posted August 11, 2011 Tmaethree this sounds like a repeat of my case with them. The attorney's for Midland did let my case dismiss, then the courts reinstated the case. Who is Midland's attorney? and who is the arbitrator, if you don't mind me asking. I showed up for the arbitration meeting, Midland's attorney did not. In fact the arbitrator said they did not think I would show up and he was not coming. I lost my case.Please make sure you pay all costs and arbitrator fees, if you can't afford them have them waived with the courts.I am new here so I am surfing new grounds, but if you would be so kind you could message me, I would like to share our experiences. Link to comment Share on other sites More sharing options...
tmaethree Posted August 11, 2011 Author Report Share Posted August 11, 2011 To bad about your case.... I did pay all court cost up front. $139 for filing and $500 for arbitration... We were present, Attn. for Midland via phone.... Just received in mail today Arbitration Award. Judgement in favor of me and cost to defendant in the sum of $197.00.So is now the time to request memorandum of costs? Link to comment Share on other sites More sharing options...
gal-in-Oregon Posted August 11, 2011 Report Share Posted August 11, 2011 TmaethreeThat is fantastic news, great job.Sorry I made an error, Midland is the case that they requested to dismiss their own case. A General Judgment of Dismissal was entered. I understand that they can refile the case.It was Velocity that I had to go to arbitration, and lost. Link to comment Share on other sites More sharing options...
1stStep Posted August 11, 2011 Report Share Posted August 11, 2011 If this was an arbitration award, you have to have it confirmed with the court. Your local court should have the forms to allow you to do this... pay the fee. You may or may not have to send notice to the other side - be sure to ask. Link to comment Share on other sites More sharing options...
tmaethree Posted August 12, 2011 Author Report Share Posted August 12, 2011 Not sure what you mean when you say pay the fee. I did pay $139.to file and $500. for the arbitration. Just wondering if any of that would be paid for by the plaintiff. Link to comment Share on other sites More sharing options...
LUEser Posted August 12, 2011 Report Share Posted August 12, 2011 What kind of ARB was this where you had to pay $500 for it? Was it ADR per the court, or at your request per the contract for private arbitration? Link to comment Share on other sites More sharing options...
tmaethree Posted August 12, 2011 Author Report Share Posted August 12, 2011 In OR, UTCR 13.120. The rate is $125.per hour, $500. is the required amount. This in addition to the file fee of $139.00. Link to comment Share on other sites More sharing options...
1stStep Posted August 12, 2011 Report Share Posted August 12, 2011 Yes.You have to fill out forms with the court...memorandum of costs - and file it. It functions like a judgment - meaning if they don't pay, you can levy bank accounts, or send the sheriff to their office and demand payment. Link to comment Share on other sites More sharing options...
tmaethree Posted August 15, 2011 Author Report Share Posted August 15, 2011 Does anyone know if I could ask the courts to find this way with prejudice? Just asking if this is something that could be done... Link to comment Share on other sites More sharing options...
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