Amended Answer with Counterclaims in Oregon - any suggestions for improvement?

[whatamess2]

1. Prefer not to broadcast
2. Prefer not to broadcast

3. aprox 8K

4. WF
5. Served and scheduled for Court Mandated Arbitration:-(
6. Served via Mail
7. Service legal by your state? I believe so.

8. DV letter to 2 CAS and then attny
9. Oregon, Washington County
10. Supposedly Aug. 2010 within SOL for Oregon
11. SOL  6 years
12. I've answered, attempted discovery, trying to amend to include Counterclaims before Mandatory Arbitration
13. Just CAs 
14. Yes
15. Answered, Breach of Contract, I answered their admissions.
16. What evidence did they send with the summons? Nothing

Had these from DV An affidavit? Statements from the OC

They've finally sent more when Pretrial brief was required, but totally evaded Req. for Production until now
17. done

 

I'm not sure If I can just send an amended answer or need to ask permission? I had in the original answer "reserve the right to amend to add counterclaims". 

 

ORS RULE 23

A Amendments. A pleading may be amended by a party once as a matter of course at any time before a responsive pleading is served or, if the pleading is one to which no responsive pleading is permitted, the party may so amend it at any time within 20 days after it is served. Otherwise a party may amend the pleading only by leave of court or by written consent of the adverse party; and leave shall be freely given when justice so requires. Whenever an amended pleading is filed, it shall be served upon all parties who are not in default, but as to all parties who are in default or against whom a default previously has been entered, judgment may be rendered in accordance with the prayer of the original pleading served upon them; and neither the amended pleading nor the process thereon need be served upon such parties in default unless the amended pleading asks for additional relief against the parties in default.

 

It was end of February, they didn't but they could respond to my answer right? So, I can just do it? But then it says Otherwise only by leave. Is this clear to someone with more experience? Please advise!

 

I put this together from examples I found except that the TCPA violations were suits brought on JDBs since I couldn't find them as counterclaims. Anyway, I am getting down to the wire and want to turn this in in hopes that they will agree to walk away instead of going through arb.

 

I will be listing the call detail that I have documented, but wondered if I should explain in there somewhere that I have phone statements, pictures of my phone and recordings? Do I need to attach those when I submit. If so, what do I do about the tape recordings.

 

I would really appreciate some help with making sure it is correct and effective - doesn't seem amateurish! 

Thanks in advance everyone!

Redacted Amended Answer.pdf

[Huey Pilot]

A couple of things to consider:

 

Include FCRA violations

http://www.nolo.com/legal-encyclopedia/remedies-fcra-violations.html

 

Oregon AG

http://www.doj.state.or.us/Pages/index.aspx   

 

Oregon UDCPA Violations

http://carollawsonpa.blogspot.com/2011/09/9th-cir-allows-oregon-udcpa-claim-based.html

 

 

Drop the Shakespeare on the end and add some kind or Conclusion summarizing demand.

 

Idea:

PRAYER FOR RELIEF

 

WHEREFORE, Plaintiff, pursuant to 15 U.S.C. §§ 45(m)(1)(A), 53( , 1692/,

1681s, and the Court's own equitable powers, respectfully prays that judgment in a sum

less than $150,000 be entered against the Defendant for the following:

1. Declaratory judgment that Defendant's conduct violated the FDCPA, and

declaratory and injunctive relief against the Defendant;

2. For ignoring previous injunctions for same violations demand that David

DeBlasio OSB 74075, and Chris O'Neill OSB 93387, attorney's for Asset Acceptance,

be each fined $10,000.00 payable to the OSB Client Security Fund.

3. For Defendant's violations of the FTC Act, the FCRA, the UDCPA and the

FDCPA, and the disgorgement of ill-gotten gains award Plaintiff monetary civil penalties

for each violation of the FDCPA ,FCRA, and UDCPA as alleged in this Complaint; and

4. Award Plaintiff the costs of bringing this action, as well as such other and

additional relief as the Court may determine to be just and proper.

5. As a result of the above violations, Defendant is liable to the Plaintiff, for

declaratory judgment that defendant’s conduct violated the FTC Act, FDCPA, FCRA,

and UDCPA, and that Plaintiff recover actual damages, statutory damages, punitive

damages, costs and recovery of all fees.

 

 

 

 

 

 

Oregon UDCPA Violations.doc

[admin]

It's be nice to see your original answer.  

[whatamess2]

It was the same except without any counterclaims.

Thanks for looking and any suggestions.

 

I found this:

 

KINDS OF PLEADINGS ALLOWED; FORMER PLEADINGS ABOLISHED

RULE 13

 

A Pleadings. The pleadings are the written statements by the parties of the facts constituting their respective claims and defenses.

 

B Pleadings allowed. There shall be a complaint and an answer. An answer may include a counterclaim against a plaintiff, including a party joined under Rule 22 D, and a cross-claim against a defendant, including a party joined under Rule 22 D. A pleading against any person joined under Rule 22 C is a third party complaint. There shall be an answer to a cross-claim and a third party complaint. There shall be a reply to a counterclaim denominated as such and a reply to assert any affirmative allegations in avoidance of any defenses asserted in an answer. There shall be no other pleading unless the court orders otherwise.

 

So since the part in bold about a reply is after it mentions counterclaim - does that mean No Responsive reply was permitted to my original which in turn means from Rule 23 in my post above that I should have : amend it at any time within 20 days after it is served. Otherwise a party may amend the pleading only by leave of court or by written consent of the adverse party; and leave shall be freely given when justice so requires.

???