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My reply:

 

"That's all fine and good - then counsel needs to dismiss this case and litigate this in Utah, as the Oregon court is not in a position to rule on laws applicable under Utah law."

 

 

***

The kicker is once they do sue in Utah, you can tag them with an FDCPA violation for suing in an incorrect forum...

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I'm not Calawyer, but a quick google search came up with this https://ftp.resource.org/courts.gov/c/F2/304/304.F2d.485.17615.html

 

Two points in it that should be fore you.

8) However, it is also the general view that the foreign statute of limitations is borrowed only to the extent that it shortens the period of limitations of the forum. The purpose of the borrowing statutes is simply 'to bar the action at the forum if it is barred in the jurisdiction where the cause of action arose.' Zellmer v. Acme Brewing Co., 184 F.2d 940, 942 n. 4 (9th Cir. 1950).

 

9) Borrowing statutes do not alter the 'well-established principle of conflict of laws that 'If action is barred by the statute of limitations of the forum, no action can be maintained though action is not barred in the state where the cause of action arose." Order of United Commercial Travelers, of America v. Wolfe, 331 U.S. 586, 607, 67 S.Ct. 1355, 91 L.Ed. 1687 (1947). 'The policy of a statute of limitations is to confine actions is the local courts to a period within which it is believed substantial justice between the parties can be administered.' Restatement, Conflict of Laws 603, Comment a (1934). Thus the statute of limitations of the forum provides an ultimate limitation upon the period within which suit may be brought in its courts, even though by operation of a tolling statute the period of limitations on the cause of action has not yet expired in the jurisdiction in which it accrued. American Surety Co. v. Gainfort, 219 F.2d 111 (2d Cir. 1955); Panhandle Eastern Pipe Line Co. v. Parish, 168 F.2d 238, 241-242 (10th Cir. 1948); 11 Am.Jur., Conflict of Laws, 197 at 511; cases collected in 75 A.L.R. 203, 231-232 (1931) and 149 A.L.R. 1224, 1237-1238 (1944).

 

Looks to me like the Borrowing statue is geared towards the shorter of the two times not longer.

 

Edit: I'm an idiot and didn't realize the case was in California even though you asked for Calawyer and the image says California. So ignore the above.

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Wow. I didn't expect any other responses. Y'all are wonderful, thank you.

 

I am a resident of the State of California. The SOL expired in California on 11JAN2013. They filed in March 2013.

 

The borrowing requirements are met for Oregon.

 

Their attorney is citing Utah law because he has a copy of a terms of service that he claims is from Dell that says Utah law. But he's done nothing in the State of Utah. The one I have says Texas.  No clue where his came from..he just...tossed it in the mix.  But he filed in Oregon knowing I am a resident of Calif...still maintain a residence there. Never gave up status.  I go back and forth between the states.

 

Now he is using the Oregon Court. Mandatory arbitration was what he put on the original summons. The agreement I have says it's my choice - judge or arbitration, but arbitration is to be through JAMS or AAA. The court assigned someone not in JAMS or AAA. 

 

He presented this "argument" 71 days after I filed my response to his 1st set of questions...just ignored it.   I did hear from Calawyer, and Calawyer, wow, was spot on. But would love to hear what others think as well.  I have to have my response filed tomorrow.  So anyone that responds here in the near future, I will be able to read and consider the remarks in what I am trying to put together.

 

The judge did order the arbitration hearing "must be held between 14 and 49 days from the date of this notice". It was scheduled for day 56.  It's now been pushed out to 87 days. I was given the continuance I asked for on day 56. Seems like this would be a way to have the arbitrator tossed out. Did not follow the court order. They kept pushing the date out.

 

Thank you again. Y'all are wonderful!

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Okay, now it makes more sense!

 

When you said you were a resident of California resident, and that the SOL was up, I was thrilled. But then you went and threw in that you also reside in Oregon...which made me pause for concern. I think the fact that you have dual residency will make this an incredibly sticky situation. What state you do maintain your residence in for the majority of the time?

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Now, if you only truly reside in Cali, meaning you hang your hat and make your bed (if you're the type of person that makes their bed every day) in our state only, then I cannot understand why he chose to file there, aside from the fact that the SOL is two years longer.

 

For Oregon, do you receive mail there? Were you served there?

 

I mean, you even list your location under your avatar as Oregon. This might be a tough challenge for you.

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Right now it's about 50/50. But then it was 100% Calif. Husband came up here in Nov 2011. I started going back and forth in mid 2012. Husband bought home here..only in his name in March 2013. I am on the house in SoCal.

 

Everything for me is in Calif. Primary doctors...I still go see them (which is where I am going this next week), house, voting, DL...everything is my house in calif.  I have not claimed Oregon, nor will I until the surgeon releases me from his care. If I do, my insurance changes. Right now, it is out of southern calif. (ret. military)

 

The residency thing is clear.  I am a legal resident of California.  That fact has never been questioned.  Their attorney wants Utah law to come into play, but only sites it for the SOL..nothing else.

 

 

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Most mail is in Calif. I get it both places because my husband lives up here....for his work.  He also travels back and forth, (he is there now), but he has switched all over to Oregon and bought a house.  I'm not as willing as he is to "give it up".  I only come up here at all because he is here...and even then, I'm considering not returning. The people are wonderful..but man, I'm from California..need I say more? LOL

 

I had to choose a place and because I started this in Oregon (I have been back and forth several times), I figured I should use Oregon for this forum..because that is where the suit is.  There wasn't a Calif/Oregon option or I would have selected it.  

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Okay, wonderful!

 

I was hoping that's how you'd answer...well, not about the doctor thing, I'm sorry about whatever ails you. I'm no stranger to a plethora of medical woes...my avatar picture certainly isn't because I think wheelchairs are rad.

 

Off topic, sorry. So, were served in California?

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Okay, wonderful!

 

I was hoping that's how you'd answer...well, not about the doctor thing, I'm sorry about whatever ails you. I'm no stranger to a plethora of medical woes...my avatar picture certainly isn't because I think wheelchairs are rad.

 

Off topic, sorry. So, were served in California?

 

 

LOL. I just burst out laughing on the wheelchair comment.  Mine is not so bad. I am doing well, a lifelong situation, but I have no complaints. I am happy and for the most part, dang healthy, and have a wonderful life...and I know it.

 

No, was served in Oregon.  I have no clue how they found me in Oregon.  They had to have just followed my husband.  I don't think they even tried to serve me in Calif. The neighbors said no one that should not have been at the house had been there. Dumb luck that they caught me here instead of down south.  The process server found me...another little hornet's nest.  Dont think i was served legally, but that can be resolved in a suit after all this is over. I hope so anyway.

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What did you start in Oregon? Arb? I am sorry but until this is all hammered out, nobody will be able to help.

 

Can you give us a step-by-step, action-by-action order of how everything went down...including where it happened?

 

Honestly, I don't really have the time to do that. A lot of it is posted on another thread here....and in the debtor's board which I won't go to anymore. When I say time to do that ... I mean right this minute.  Without saying who they are, there are a couple on here that know what is going on, one has all the documentation, assisting me right now and I have to finish what I am filing tomorrow.  It's a HUGE hornet's nest. But...probably very interesting for someone just wanting to read about it.

 

Everything was done after the SOL expired and it became time-barred. They know it.

 

Google Asset Acceptance. They were hit hard by a judgement this past year for like $2.5 million or something like that. The largest in U.S. history, for pursuing accounts after the SOL had expired.  Part of the order was that they had to acknowledge and tell debtors that the SOL was expired or about to expire. They just ignore it.  Hence my comment about after this is all over. It will be my turn to sue. And boy-howdy, I'm not one for filing suit for sneezing, but I am so going to go after them and the attorneys...and the process server. Just an all-round cluster.....

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If you have another thread that gives the specific of your situation, it can be super helpful to include a link to the other threads (you know, for backstory) or you could do a recap, whichever is easier. Or you could let us know there's another thread that gives the specifics and we can search for it, just so there's no confusion. I for one had no clue that you had another thread and because the start of this thread was so minimal, I was completely lost.

Okay, we'll then I'll leave it to those who are already helping until you're able to fill in the blanks. Until then, good luck to you. I'll keep my fingers crossed. :goodluck:

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If you have another thread that gives the specific of your situation, it can be super helpful to include a link to the other threads (you know, for backstory) or you could do a recap, whichever is easier. Or you could let us know there's another thread that gives the specifics and we can search for it, just so there's no confusion. I for one had no clue that you had another thread and because the start of this thread was so minimal, I was completely lost.

Okay, we'll then I'll leave it to those who are already helping until you're able to fill in the blanks. Until then, good luck to you. I'll keep my fingers crossed.

 

I am so sorry, HotWheels...my post sounded rude. It wasn't meant to be. I was getting really frustrated trying to figure out what I'm writing up and the stress of knowing it has to be there first thing in the morning.

 

I am so sorry.

 

Your comments are truly, truly appreciated. I'm staring at the screen trying to write it up as it was "suggested" I should and I am scared to death I'm going to mess it up and do it wrong and find myself in more of a mess.

 

The original thread is http://www.creditinfocenter.com/community/topic/320940-asset-acceptance-caortx-or-ut-a-mess-need-some-quick-help/

 

Everyone has been so wonderful to help me out. Words can not express how thankful I am. 

 

My husband told me to step back, take a deep breath, smile, and just dive in.  Even, I, as confident as I can be most of the time, find myself in a panic and I just want to run away from it. This time, however, I can't run. I have to face this in 12 hours and I have to keep my head held high.

 

It's because of everyone here that I am able to do it!

 

If I can find the link to the debtor's board, I'll post it here..there is a more detailed breakdown with dates and specifics. That was where I first posted and was referred to this forum (much better forum).

 

Thank you again. If I find the link, I'll post it here.

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I didn't take it personally, I completely understand just how stressful going through all this is. I've had a JDB file without so much as a dunning letter and I had to research and respond after a month long stint in the hospital (where I was totally tortured by the staff there who ended up giving me pancreatitis. The pain of that is so severe, I'd rather birth 10 children in a row without aid of epidurals)!

After the multiple abdominal surgeries I couldn't sit up and had to do everything from flat on my back! Those @$$hats immediately dismissed once they received my discovery requests, only to file again past the SOL two years later! That is who I'm fighting now, but right before that one I fought and won my Cap1 case. I know just how much it takes out of you, especially when you have no idea what you're doing. We are forced to learn legal rules and procedures without getting paid for it and some of us, though a very small amount, decide we like law enough to pursue a career in it!

Don't worry about it, I totally understand but I do very much appreciate your apology. I will search for your post and hopefully the blanks will be filled enough to allow some insight. I really do wish you the best of luck and hope you get your filing in on time tomorrow. Keep us posted regardless! :)

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Well that was easy. I just looked under my Legal folder in favorites and there is my post in debtorboards.  For anyone interested..it's a hornets' nest, but you are welcome to read it.

 

http://www.debtorboards.com/index.php?topic=24714.msg204458#msg204458

 

You have gone through a heck of a lot more than me!  I sure can't whine. If I do, please .... someone...send me a drive by slapping!!!!  LOL

 

Thank you again, HotWheels.

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"We are forced to learn legal rules and procedures without getting paid for it and some of us, though a very small amount, decide we like law enough to pursue a career in it!"

 

Wheels you get paid by beating your junk debt buyer.

Have you been forced to learn legal rules if so who is forcing you to learn legal rules.

I'm just establishing the facts here to see if I need to notify calawyer to sue someone on your behalf for indentured servitude.

 

 

 .

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Yes - it sets up the Plaintiff and Counsel for an FDCPA suit...

Thing is...it has nothing to do with Utah. They submitted an "agreement" that I just looked at and said..."what the?  where did they get this piece of crap?"  I have the agreement with Dell. It says nothing about Utah.  They used what I have since been told is a "3rd party agreement".  I got mine from Dell. Just told them I needed one that related to me. I got one..yay.

 

It says arbitration MUST be JAMS. It says nothing about Utah anywhere.  I think they pulled that out because they are in Utah.  I really could care less where they are at. They have so many violations it's not funny. I'm finally past the scared phase and into the dang mad stage.

 

Regardless of when the last payment was made, or why whom. (husband made it, not me...agreement says it is non-transferrable...so does that even relate to him?  Don't know...don't care). SOL ran out even with husband's payment in January 2011. California is 2 years. They filed in March 2013.  Moot point. 

 

Trying to think if there is anything else I can quickly post.

 

Can't think of anything else. Am about to call the arbitrator to see if we are still on for this afternoon. I filed a Motion to Stay and the Judge is letting the non-JAMS arbitrator make the decision.  This will be fun.

 

Life is good. 

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