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I am so confused.. My head is spinning

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Okay I need some help... I feel like a dog chasing my own tail. 

 

Here's my question... 

 

1-I was sued by Unifund CCR 

 

2- The OC is Citibank N.A.

 

3- I am in the State of Oregon, Washington County.

 

4- State of Oregon requires all cases under $50,000 require Mandatory court arbitration.

 

5- This arbitration is NOT AAA, or JAM. This is a creditor friend arbitration.

 

6- I received a  letter from the county stating I have 21 days to choose a arbitrator, or they will choose on for me. In small print there is a statement that follows as such: if you want to file a exemption for arbitration, then you must file a MOTION FOR EXEMPTION, and put a good reason why you want exemption... I want a exemption because the card agreement from 2010 has a provision for arbitration thorough JAMS OR AAA. I want to file an exemption and state, the court has no jurisdiction over me because of the arbitration clause. Now, if I submit this card agreement as an exhibit on my motion for exemption, does this mean I agree to the debt?

 

7- Does the plaintiff who is a junk buyer have to abide to the card agreement, since they claim they bought the account,and the agreement.  

 

 

 

 

At this point, I am filing a MOTION FOR EXEMPTION FROM ARBITRATION.. and working on filing a  motion to dismiss, motion to compel arbitration and stay proceeding pending arbitration.  any help will be greatly appreciated. I am running on a clock here. If I don't' file my motion ASAP, then my arbitration will start and I am screwed.

 

 

 

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Huey Pilot must be on vacation as he hasn't visited the board in a few weeks but he made it sound like once you were in the ADR system there was no getting out of it.

 

Once you go through the system, and get your automatic loss, you can appeal de novo.

 

I tried to post the appeal notice here but the formatting gets messed up so I will PM it to you.

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Huey Pilot must be on vacation as he hasn't visited the board in a few weeks but he made it sound like once you were in the ADR system there was no getting out of it.

 

Once you go through the system, and get your automatic loss, you can appeal de novo.

 

I tried to post the appeal notice here but the formatting gets messed up so I will PM it to you.

I am in the "civil court" as of now, and haven't been assigned a ADR. I received my notice yesterday, and I have 14 days to file for an exemption for Arbitration. I requested they mail me the form, and I plan on filing an objection due to the court not having any jurisdiction over me as citibank as a private arbitration clause, which I can choose AAA, or JAM.This is my chances to blast them out of the water, if I get assigned a ADR, then I can not object.. 

 

My question is. I found a citibank card agreement online here. I want to put that as an exhibit to my motion. They claim on their suit that I opened my card in 2010. I have the 2010 citibank card agreement, if i use that , am I agreeing to the debt, or just to the terms of the agreement?

 

I am also filing for a MOTION to dismiss and motion to stay arbitration.

 

Thanks in advance. 

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As I understand it using their contract that includes arbitration does not admit anything on your part.

 

They claim that contract binds the two of you so you just want to use the arbitration clause in their contract.

 

 

Might as well try and get out of the mandatory arbitration but it sounds like a long shot.  If you don't it's not the end of the world.

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