Jump to content

Help in oregon


purplebb
 Share

Recommended Posts

When i was pregnant i got a call from a collection agency assest systems, threatening to garnish my wages. I told him I didn't know what this debt was for and he said they have been sending me bills. I said I wanted proof, he refused. He then called my work threating me again, i told him to never call there again. Then about 6 months later he called my work again this time asking for my boss, I took a message. After that I filed a complaint with the BBB they didn't respond in the time frame and when they responded they said that he never said any of those things to me and that he was calling to verify emloyment when he asked for my boss, (which he had talked to me before there and I answered the phone when he called the second time, isn't that verification?) I had requested them to show me proof in my complaint which they did not so my reply was that they hadn't supplied proof. They stated that they could not report to my credit report and had not done so. What? When they finally sent me the paperwork dated nov21st on dec 2nd they sent me a demand for payment withen 20 days or they would file suit. Today a process server tried to serve me at work, i didn't want a scene so I told him that I wasn't there. He left a name and number for me to call him. The papers that they sent me have dates back to 2000 and have tons of things blacked out on the papers. Most of what they sent me was from when I was on a healthcare assistance program at my clinic. I can't tell what any of the stuff is for because everything is blacked out except for prices. I am not sure what my rights are, or if they have violated any of the fair credit laws. Any advice is helpful, thank you.

Link to comment
Share on other sites

I'd accept service and get on with fighting this. Just about all of your questions are things you can demand in discovery. They are legit requests. Be very careful about going down the road of, you were on a healthcare assistance program. That is basically an affirmative defense. It might a very legit defense, but keep in mind, generally speaking, med services are between the provider and the patient. At the end of the day if assistance or insurance falls through, generally speaking, the patient is on the hook.

Link to comment
Share on other sites

I'd accept service and get on with fighting this. Just about all of your questions are things you can demand in discovery. They are legit requests. Be very careful about going down the road of, you were on a healthcare assistance program. That is basically an affirmative defense. It might a very legit defense, but keep in mind, generally speaking, med services are between the provider and the patient. At the end of the day if assistance or insurance falls through, generally speaking, the patient is on the hook.

In the papers that they sent me it has some things that are not blacked out such as welfare adjustment, contractual adjustment, w/o to collections and they are the things they are charging me for. I thought contractual adjustments were a write off because of an contract between the insurance and the clinic agreeing not to charge the patient.

Link to comment
Share on other sites

The first thing I note is that your state, Oregon, has a 6 year statue of limitations! If your debts are from 2000, they are way past the SOL!8-) One thing I would do is get Assets Systems' address and send them a cease and desist letter. :boxing: If your debts are medical from the State and you were on State assistance, I would contact their office regarding this. You actually need to see the bills to see what they are charging you and determine your financial status at that time. You should have had a medical card for your treatment. If possible, you might want to contact your caseworker concerning these charges. I would want to have a sit down meeting is possible so each item is explained. In case of the BBB, I have had more success with the Attorney General's office. This was my last resort and it worked!xbeer2)

Link to comment
Share on other sites

The first thing I note is that your state, Oregon, has a 6 year statue of limitations! If your debts are from 2000, they are way past the SOL!8-) One thing I would do is get Assets Systems' address and send them a cease and desist letter. :boxing: If your debts are medical from the State and you were on State assistance, I would contact their office regarding this. You actually need to see the bills to see what they are charging you and determine your financial status at that time. You should have had a medical card for your treatment. If possible, you might want to contact your caseworker concerning these charges. I would want to have a sit down meeting is possible so each item is explained. In case of the BBB, I have had more success with the Attorney General's office. This was my last resort and it worked!xbeer2)

I would agree with all of this advice if they had not already sued. They are just trying to serve the OP, which will just be a matter of time.

The time for letters and complaints to the bbb or AG, while still an option, need to be put on the back burner. Once the OP gets the exact allegations in the lawsuit they can form a plan of attack. Obviously the first plan of attack is a statute of limitations, if that is applicable.

Link to comment
Share on other sites

On some of the charges that applies. When he called me he told me the amount was twice the amount they stated on the papers they sent me. Also there is interest charges on these amounts listed on the front page of the demand letter. Can they do that?

Does anyone know about contractual adjustments?

Have you heard of a collection agency that can't report to your credit report?

How do I find out what this company is legallay able to do?

The suing is obviously in response to my filing to the BBB is that legal?

Link to comment
Share on other sites

On some of the charges that applies. When he called me he told me the amount was twice the amount they stated on the papers they sent me. Also there is interest charges on these amounts listed on the front page of the demand letter. Can they do that?

Does anyone know about contractual adjustments?

Have you heard of a collection agency that can't report to your credit report?

How do I find out what this company is legallay able to do?

The suing is obviously in response to my filing to the BBB is that legal?

OK, slow down. Take a breath.

You have a great defense with the SOL. Pursue that as your main defense.

Yes, they can charge interest. Your state should have a maximum listed somewhere in its statutes. As part of your discovery you want to ask for a detailed calculation of the amounts they are claiming.

They can't report because you are > 7 years past when you went delinquent. If they do report, then you have them on a FCRA violation.

If they think you owe money, they can try to sue. It has nothing to do with the BBB filing.

Link to comment
Share on other sites

I was at work today and a guy came in and asked for me but used my nickname and not my legal name and had me sign and gave me the papers. I don't know what I signed because I thought it was a delivery because he used my nickname and because I always sign for all delivery's.

So I looked over the papers, they are from an "attorney's office" but the office says on their website to hit this button to make a settlement offer, what attorney's office does that?

Next I had my mom look at the papers and she said they are not real papers. They look like real papers and have and say they are filed in my county ect.....but there is no judges signature and no court stamp on them. I am pretty positive they are fake to scare me.

Where do I go from here, it says I have 30 days to respond but there is also no court date or anything. Is this a violation if they are not real?

thanks.

Also it says that I need to ask for validation of the debt before the 30 days and or respond or they automatically win, I already asked them for validation with the BBB complaint.

OK, slow down. Take a breath.

You have a great defense with the SOL. Pursue that as your main defense.

Yes, they can charge interest. Your state should have a maximum listed somewhere in its statutes. As part of your discovery you want to ask for a detailed calculation of the amounts they are claiming.

They can't report because you are > 7 years past when you went delinquent. If they do report, then you have them on a FCRA violation.

If they think you owe money, they can try to sue. It has nothing to do with the BBB filing.

Edited by purplebb
Link to comment
Share on other sites

Some law firms accept payments for their clients.

Call the court first thing in the morning to see if a case has been filed. If no case has been filed, you could have an FDCPA violation against the attorney.

Would it be possible for you to post the letter (leaving out identifying information)? It would be interesting to read it.

Link to comment
Share on other sites

It says I have 30 days to request validation of te debt.

Also when looking up more infomation about violations It says they have to send me in writing 5 days after speaking with me what I owe, that never happened. Also they told me in that conversation that I owe over 4,000 to them and this is for around 2,500 so they lied about the amount also.

No - it's too late for validation.

File an answer to avoid a default judgment.

Link to comment
Share on other sites

Once you are sued, sending a DV is a complete waste of time... focus on the lawsuit. If they get a judgment, they can garnish wages, attach real estate and levy your bank accounts.

As far as the other things, you can always counterclaim for the violations, they may go away, they may not.

Link to comment
Share on other sites

When i was pregnant i got a call from a collection agency assest systems, threatening to garnish my wages. I told him I didn't know what this debt was for and he said they have been sending me bills. I said I wanted proof, he refused. He then called my work threating me again, i told him to never call there again. Then about 6 months later he called my work again this time asking for my boss, I took a message. After that I filed a complaint with the BBB they didn't respond in the time frame and when they responded they said that he never said any of those things to me and that he was calling to verify emloyment when he asked for my boss, (which he had talked to me before there and I answered the phone when he called the second time, isn't that verification?) I had requested them to show me proof in my complaint which they did not so my reply was that they hadn't supplied proof. They stated that they could not report to my credit report and had not done so. What? When they finally sent me the paperwork dated nov21st on dec 2nd they sent me a demand for payment withen 20 days or they would file suit. Today a process server tried to serve me at work, i didn't want a scene so I told him that I wasn't there. He left a name and number for me to call him. The papers that they sent me have dates back to 2000 and have tons of things blacked out on the papers. Most of what they sent me was from when I was on a healthcare assistance program at my clinic. I can't tell what any of the stuff is for because everything is blacked out except for prices. I am not sure what my rights are, or if they have violated any of the fair credit laws. Any advice is helpful, thank you.

Purple,

Have you received any kind of summons or a complaint. The first thing we need to deal with its that - with in the 30 days allowed. If so we'll get you to post the 6 demands and will help you answer that. From that we can devise a defense. We need to know all the info on the complaint if your can post with your personal info and the number redacted?

There is a form that help's us all basically asking Who, What, Why, Where, when and how. With that we can pretty much give you what you need to win the fight.

HP

HP

Link to comment
Share on other sites

I can't find the form. I have seen it before but I can't find it now. I have to respond to the summons. The first page says I need to respond to this office (the attorney's office) withen 30 days if I want debt validation. The court papers don't say anything about that, it just says claim of relief on each count. There is no court date and doesn't say anything about responding. I should probly go to the court house and get the copy of what was filed. Because the summons doesn't make sense. It says (implied contract) and the summons does not state any action that I can take. Only the front page from the lawyers office does. How should I proceed?

Link to comment
Share on other sites

Purple,

Usually with the Summons a COMPLAINT (Fancy name for Lawsuit) will be attached. This is virtually a copy of the lawsuit with instructions and the allegations. You must file an ANSWER document with the Court Clerk and copy the Opposing Attorney within 30 days. If you don't have a copy of this go to the Court Clerk and get a copy. Scan it or copy off your scan and post an edited version. You can type the questions to the form if you wish but it's tedious.

This is the Mandatory first thing we must do. It's quite simple but we need to know what these questions are so we can help you provide effective answers.

Once this is done you will have plenty of time to take care of the other details.

Here is what the Complaint looks like:

http://www.creditinfocenter.com/forums/there-lawyer-house/310873-urgent-help-needed-only-7-days-left.html

Answer these questions. (Don't use exact numbers - or redact xxxxx.xx)

Questions for Answers to Complaint

1. Who is suing you?

2. For how much? It is over $1000.

3. Who is the original creditor?

4. How do you know you are being sued?

5. How were you served? Were you served?

6. What was your correspondence (if any) with the people suing you before you think you were being sued?

7. Where do you live?

8. When is the last time you paid on this account?

9. What is the status of your case (if anything has been opened)? You can find this by

a) calling the court or

B) looking it up online (many states have this information posted daily).

10. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?)

11. Did you request debt validation before the suit was filed? If not, don't bother doing this now.

12. Does your summons require a response in writing? (Look hard!)

13. What evidence did they send with the summons? An affidavit? A statement from the OC (original Creditor)? Anything else they attached as exhibits?

14. What is the SOL(Statute of Limitations) on the debt?

HP

Link to comment
Share on other sites

Nothing fancy just on the no subject matter jurisdiction and SoL issue for the motion to quash.

and The motion to strike for SoL make no payment at all to them.

I don't know if oregon has any forms of pleading like a demurrer, but it can be looked up.

If the complaint shows an exact date of default then you are good.

Call the State AG and notify them that the plaintiff filed a time barred suit.

also counter claim.

Link to comment
Share on other sites

  • 2 weeks later...

Posted this before but it didn't go through trying again....

1. Who is suing you? Asset systems inc

2. For how much? 2XXX.XX

3. Who is the original creditor? Legacy Labratory services, Tualatin imaging pc, Meridian park hospital

4. How do you know you are being sued? I was served papers.

5. How were you served? Were you served? I was served at work by some guy.

6. What was your correspondence (if any) with the people suing you before you think you were being sued?

I talked with the guy twice, once at home and was harassed and threatens and another time at work and I told him not to call again. A couple months later he called again and asked for my boss.

7. Where do you live? Oregon

8. When is the last time you paid on this account? Never?

9. What is the status of your case (if anything has been opened)? You can find this by

a) calling the court or

B) looking it up online (many states have this information posted daily).

It doesn't show up online but i called the court and they did file.

10. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) It's not on my credit report.

11. Did you request debt validation before the suit was filed? If not, don't bother doing this now.

I asked for validation when i filed a BBB complaint...they sent a demand and a suit right after.

12. Does your summons require a response in writing? (Look hard!) It says i have to respond in legal papers with filing fees. But thats what the first page says not the actual summons.

13. What evidence did they send with the summons? An affidavit? A statement from the OC (original Creditor)? Anything else they attached as exhibits?

No exhibits but the front page shows a list of OC's and amounts and interest. And it's from the lawyer and says i need to contact the office if I dispute this debt.

14. What is the SOL(Statute of Limitations) on the debt? In oregon it's 6 years.

Purple,

Usually with the Summons a COMPLAINT (Fancy name for Lawsuit) will be attached. This is virtually a copy of the lawsuit with instructions and the allegations. You must file an ANSWER document with the Court Clerk and copy the Opposing Attorney within 30 days. If you don't have a copy of this go to the Court Clerk and get a copy. Scan it or copy off your scan and post an edited version. You can type the questions to the form if you wish but it's tedious.

This is the Mandatory first thing we must do. It's quite simple but we need to know what these questions are so we can help you provide effective answers.

Once this is done you will have plenty of time to take care of the other details.

Link to comment
Share on other sites

Dear Purple,

From what I've gleaned from your original posting date, your answer is due somewhere around the 30th of this month. Have you filed your answer to the complaint with the Court yet and sent a copy to the attorney? If not we need to do that immediately.

Before we can slam their fingers in the door we need to remove their foot.

This is a time barred law suit (Way past the Oregon Statute of Limitation of 6 yrs) and you are in a great position. The opposing attorneys will automatically win if you don't file.

If you haven't filed please type the counts and information to your thread on this forum and we will help you compile an effective answer so the fun can begin. If you can scan it and copy and paste it even better.

We have motions to dismiss, motions to strike, motions to quash and a lot of other things in the Oregon Rules for Civil Procedure we can apply.

HP

Edited by Huey Pilot
Omissions
Link to comment
Share on other sites

This is quoted from their website for their clients...

Full-service Legal Department

When it is determined voluntary payment cannot be achieved and sufficient assets are located, legal action can be taken. All collection personnel are trained to review the responsible parties' financial situations. Consideration is given to family size, recent hardship, and income position. Litigation is considered only in cases of those who truly have the ability to pay, but refuse to do so.

Accounts that qualify for litigation are assigned to our legal department. Upon management approval, the account is prepared for suit by obtaining authorization and acquiring sufficient documents to support the debt. Collection is then pursued through post-judgement executions, such as wage garnishment, until satisfaction of the debt is achieved.

Our company utilizes the law firm of XXXXXXXXX when taking legal action. As an added courtesy to our clients, ARG sues under its own name and advances court costs.

Link to comment
Share on other sites

Now comes Defendant, Purple****, Pro Se, who specifically denies each and every allegation of the following paragraphs of Plaintiff's complaints not specifically admitted herein:

1. At all times material hereto, Plaintiff Asset Systems, Inc., was a corporation organized and existing under laws of the state of Oregon, and is a duly registered and licensed collection agency under the laws of the state of Oregon.

1. ANS: Deny Defendant denies the allegations contained in Paragraph 1 of Complaint as Defendant is without information or knowledge sufficient to form an opinion as to the truth and accuracy of alleged corporate status, Identity, Registration or license as a collection to legally comply with the laws of the State of Oregon.

2. At all time material hereto, Defendant was and is residing in Clackamas county, Oregon.

2. ANS: Admit

3. At all time material hereto, LLS) was an Oregon Corporation.

3. ANS: Deny Defendant is without information or knowledge sufficient to form and opinion as to the truth and accuracy of LLS alleged corporate status, State of registration, or legal right to do business in the State of Oregon, or elsewhere, and therefore must Deny allegation Number three.

4. LL assigned to Plaintiff all of Legacy Laboratory’s rights, title and interests to its claims against defendant.

4. ANS: Deny Defendant is without information or knowledge sufficient to form and opinion as to the truth and accuracy of Plaintiff's allegation Number 4 therefore must deny.

5.From approximately August 20, 2008, through November 16, 2010, LL provided goods and services to Defendant on open contract, at Defendant’s instance and request, which goods and services have after payments and credits, a reasonable value of $1XXX.XX.

5. ANS: DENY Defendant denies the allegations contained in Paragraph 5 as there is not, nor has there ever been any contract, open or otherwise, written, oral or implied with the Plaintiff and Defendant.

Defendant additionally denies the allegations contained in Paragraph 5 of the Complaint as Defendant has never opened a contract, requested services, nor made payments or obtained goods and services of any kind before or after alleged payment or of any perceived values from Plaintiff.

6. As of December 02, 2011, there remains due an owing on Defendant’s account to LL the sum of $1XXX.XX plus $XXX.XX in accrued interest. Interest continued to accrue on the unpaid balance at the rate of 9 percent annum to the date of judgment.

6. ANS: DENY Defendant denies the allegations contained in Paragraph 6 as there is not, nor has there ever been any agreement, written, oral or implied with the Plaintiff and Defendant. No debt validation from Asset Systems, Inc., pursuant to the FDCPA Act (§ 803.4) supplied with summons.

7. Despite demand by Plaintiff, Defendant has failed to pay the same.

7. ANS: DENY Defendant denies the allegations contained in Paragraph 7 as there is not, nor has there ever been any contract, open or otherwise, written, oral or implied with the Plaintiff and Defendant.

8. Plaintiff gave the requisite twenty day demand for payment under ORS 20.082 and is entitled to its attorney fees incurred herein.

For its SECOND CLAIM OF RELIEF against defendant (my name) Plaintiff alleges:

(IMPLIED CONTRACT)

8. ANS: DENY Defendant lacks information or knowledge about the truth or accuracy and therefore denies allegations contained in Paragraph 8. Plaintiff has failed to provide Defendant with any kind of documentation for alleged demand for payment or alleged compliance to ORS 20.082. No evidence or affidavits sent with summons.

Defendant further Denies Plaintiff's claim for attorney fees as Plaintiff may be liable for statutory damages pursuant to the FDCPA ACT 803.4 to include remedy for filing false affidavits, Supreme Court CV-10-5132-LRS Eva Lauber & other Plaintiff's vs. Midland Funding LLC.

Plaintiffs SECOND CLAIM of RELIEF alleging (IMPLIED CONTRACT) is DENIED

No evidence of proof included with the complaint of the Defendant’s alleged debt to Plaintiff exists. This includes specifically the alleged or implied contract, between the plaintiff and defendant or any other instrument constructed solely for the purpose of creating a loan agreement between the Plaintiff and Defendant bearing Defendants signature and/or production of the contract that legally requires the Defendant to pay the amount entered into complaint. Nor has the Plaintiff provided original or copy of the account agreement that states interest rate, grace period, finance charge, assignment, and specifically the State Laws that the agreement and account are governed plus other important facts.

9. Plaintiff alleges and incorporates Paragraphs 1 and 2 herein, inclusive.

9. ANS: DENY Defendant denies any allegations in the above incorporated Paragraphs, inclusivity or enjoinment.

10. At all times hereto, TI, PC, (TI) was and Oregon Corporation.

10. ANS: Deny Defendant denies the allegations contained in Paragraph 10 of Complaint as Defendant is without information or knowledge sufficient to form an opinion as to the truth and accuracy of alleged corporate status, Identity, Registration or business compliance with the laws of the State of Oregon.

11. TI assigned Asset Recovery Group, INC., all of its rights, title and interests to its claims against Defendant. Asset Recovery Group , INC., assigned Plaintiff all of its rights, title and interests to its claims against Defendant.

11. ANS: DENY Defendant denies the allegations contained in Paragraph 11 as there is not, nor has there ever been any agreement, written, oral or implied with the Plaintiff and Defendant. No debt validation from Asset Recovery Group, INC pursuant to the FDCPA Act (§ 803.4) supplied with summons. Defendant has no knowledge of transactions between Plaintiff or other third parties.

12. From approximately March 11, 2009, through October 19, 2010, TI provided goods and services to Defendant on open contract, at Defendant’s instance and request, which goods and services have, after payments and credits, a reasonable value of $1XXX.XX.

12. ANS: DENY Defendant denies the allegations contained in Paragraph 12 as there is not, nor has there ever been any contract, open or otherwise, written, oral or implied with the Plaintiff and Defendant.

Defendant additionally denies the allegations contained in Paragraph 12 of the Complaint as Defendant has never opened a contract, requested services, nor made payments or obtained goods and services of any kind before or after alleged payment or of any perceived values from Plaintiff.

13. As of December 02, 2011, there remains due and owing on Defendant’s account to TI, Defendant has failed to pay the same.

13. ANS: DENY Defendant lacks knowledge about the truth or accuracy and therefore denies allegations contained in Paragraph 13, Plaintiff failed to provide proof of debt or documentation for alleged debt, or certification of any alleged balances, or admission of any Third Party's gross negligence regarding account transactions, services, or alleged debt sold off to Plaintiff intentionally misrepresented in value that may violate federal law via intentionally misrepresenting account balances. No accounts ever opened or existed between Plaintiff and Defendant.

14. Despite demand by plaintiff, Defendant has failed to pay the same.

14. ANS: DENY Defendant denies the allegations contained in Paragraph 7 as there is not, nor has there ever been any contract, open or otherwise, written, oral or implied with the Plaintiff and Defendant.

Link to comment
Share on other sites

Guest
This topic is now closed to further replies.
 Share

×
×
  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.. For more information, please see our Privacy Policy and Terms of Use.