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chicamarie

Pending arbitration - sued by Unifund (Citibank)

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Hi there.  I have lurked on debt forums for a few years now and am only just now posting.  I successfully settled $100,000 worth of credit cards with Chase, Bank of America, and US Bank, all of whom settled for about 25-30% of the debt.  In retrospect it seems almost painless.  My husband had lost all of his work as a contractor after the housing bubble and we lived off credit cards for 6 months.  That's all it took to get completely underwater and we couldn't recover.  A wonderful friend loaned us some cash so we could settle instead of declaring bankruptcy.

 

So, Citibank, the only one left, would never accept my offers.  I believe the balance was about $9700 when I stopped paying in 2009 (maybe 2010 - SOL in Oregon is 6 years so it doesn're really matter).  They sold the debt to some middleman, who sold it to Unifund, and I have been ignoring them for 3 years.  I finally got served in April, by debt collecting attorney Daniel Gordon in Eugene - he's famous!  He even made the cover of the Willamette Week here in Portland for successfully ruining thousands of lives.  According to Mr Gordon and Unifund, I owe them about $15,000 - $11,770 from the original debt plus 9% interest.

 

I answered the summons, answered all of the initial questions, and indicated that I was representing myself.  I haven't talked to an attorney yet.  I received a Request for Admission which I answered last week, within the time frame allowed.  I answered all of the questions truthfully, as it seems is recommended.  The questions I answered by indicating that I "lacked the information to affirm or deny" were all the questions about receiving every bill, the ones about the chain of custody of the debt, the actual amount of the debt, the breaching of the contract, etc.  I added only the briefest explanations to those answers.

 

Apparently there is mandatory arbitration for these kinds of lawsuits here in Oregon (or Multnomah County) - under a certain amount, and financial in nature.  I was sent a list of attorneys and told to cross off two names (I looked them all up - definitely crossed off the guy who ONLY does arbitration and no other legal services).

 

So, I know I can read through the many posts about arbitration and get some advice, but I guess what I really want to know is if I can actually do this without a lawyer.  I had a panic attack today after reading about how arbitration usually ends up favoring the plaintiff in credit debt lawsuits.  I planned to start preparing my discovery for documents, to be ready for what comes, but now I'm just plain scared.  My defense at this point is that I had a credit card account with Citibank at one point that I stopped paying, but that I am not convinced that I owe Unifund $15,000, and that I hope I can convince an arbitrator of the same.

 

Thanks!

 

 

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You want private contractual arbitration with jams not the mandatory court arbitration.

Read all you can on the strategy and steps of arbitration.

Read your credit agreement.

PLEASE READ THIS PROVISION OF THE AGREEMENT

CAREFULLY. IT PROVIDES THAT ANY DISPUTE MAY BE

RESOLVED BY BINDING ARBITRATION. ARBITRATION

REPLACES THE RIGHT TO GO TO COURT, INCLUDING

THE RIGHT TO A JURY AND THE RIGHT TO PARTICIPATE

IN A CLASS ACTION OR SIMILAR PROCEEDING. IN ARBITRATION,

A DISPUTE IS RESOLVED BY AN ARBITRATOR

INSTEAD OF A JUDGE OR JURY. ARBITRATION PROCEDURES

ARE SIMPLER AND MORE LIMITED THAN COURT

PROCEDURES.

 

arbitration must choose one of the following two arbitration

firms and follow its rules and procedures for initiating and

pursuing an arbitration: American Arbitration Association or

JAMS. Any arbitration hearing that you attend will be held

at a place chosen by the arbitration firm in the same city as

the U.S. District Court closest to your then current billing

address, or at some other place to which you and we agree in

writing. You may obtain copies of the current rules of each of

the arbitration firms and forms and instructions for initiating

an arbitration by contacting them as follows:

American Arbitration Association

800-778-7879 (toll-free)

Website: www.adr.org

JAMS

800-352-5267 (toll-free)

Website: www.jamsadr.com

 

At any time you or we may ask an appropriate court to

compel arbitration of Claims, or to stay the litigation of Claims

pending arbitration, even if such Claims are part of a lawsuit,

unless a trial has begun or a final judgment has been entered.

Even if a party fails to exercise these rights at any particular

time, or in connection with any particular Claims, that party

can still require arbitration at a later time or in connection

with any other Claims.

 

Who pays? Whoever files the arbitration pays the initial filing

fee. If we file, we pay; if you file, you pay, unless you get a

fee waiver under the applicable rules of the arbitration firm.

If you have paid the initial filing fee and you prevail, we will

reimburse you for that fee. If there is a hearing, we will pay

any fees of the arbitrator and arbitration firm for the first day

of that hearing. All other fees will be allocated as provided by

the rules of the arbitration firm and applicable law. However,

we will advance or reimburse your fees if the arbitration firm

or arbitrator determines there is good reason for requiring

us to do so, or if you ask us and we determine there is good

reason for doing so. Each party will bear the expense of that

party’s attorneys, experts, and witnesses, and other expenses,

regardless of which party prevails, but a party may recover

any or all expenses from another party if the arbitrator,

applying applicable law, so determines.

Who can be a party? Claims must be br

 

 

 

 

 

https://www.citicards.com/cards/acq/cma.do  citi credit agreements

http://www.creditinfocenter.com/community/topic/314030-the-strategy-and-steps-of-arbitration/ linda7's posts on arbitration

http://www.jamsadr.com/rules-clauses/ rules of jams

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+1

 

Filing arbitration in JAMS will make them run !

This, but since you already are in a court proceeding you will need to motion your court forPrivate Contractual Arbitration

 

YOU DO NOT WANT COURT APPOINTED ARBITRATION and the link provided will not help you with the court end.

 

IF you do not want to go to private arbitration or if you do not prevail in a motion because of how far you are into the suit

read and digest and then read the following.... about STANDING... this is you main affirmative defense.

 

http://www.creditinfocenter.com/community/topic/312714-standing-when-dealing-with-jdb/?hl=standing

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This is from Huey Pilot who is from your state.  This is his opinion on another post, thought it might come in handy since Oregon has mandatory arb.

 

Oregon Arbitration is a Kangaroo Court and you more than likely will not win so plan on a loss considering it a dress rehearsal for the real trial, Trial de novo, in front of a real Court with a real Judge and you can will. DNG knows that and will usually drop the case and dismiss without prejudice. Mean time send all the documents you will need in the future and run up the costs so you have cost DNG more preparation time than it's worth to continue. Hopefully you have denied everything and admitted nothing in your answers to the complaint and DNG;s Discovery requests.

 

Complaint/Answer

File Request for Production of Doc's

File Request for Admissions on Plaintiff

File motion to compel with sanctions (suggest dismissal)

Send letter to Judge/arbitrator (failure of Plaintiff to return complete discovery you requested

File Defendant's second request for admissions

File Motion to Deem Missing Admissions Admitted

File Motion to Strike Affidavit, Bill of Sale, two statements (Incomplete has to be from day one or it's inadmissible)

File Motion for Limine (Exclusion) of existing documents

File Motion to Dismiss

Appear at Arbitration and loose your butt to a very unjust and Creditor Friendly Mandatory Oregon Arbitration System.

File Motion Denying Arbitration Award

File Request for Trial De Novo (It's an automatic award)

 

Start over. 

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