Tds

State of Oregon, Washington county Required court ADR

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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  and I responded by answering the complaint. I didn't list on my Aff defense, as no jurisdiction, because at that point I didn't have the card agreement on me. I didn't even know that Arbitration was an option.


 


2- The OC is Citibank N.A. but it is a junk buyer who is suing me. Not the OC.


 


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 friendly arbitration.


 


6-On March 18, 2013 I sent the plaintiffs attorney a certified letter requesting they stop the suit, as I demand an arbitration through JAMS. I sent this via certified mail. I didn't sent a copy to the court. SHOULD I HAVE?


 


7- Today via this site, I asked if anyone had a Citbank card agreement from 2010. I was given the card holder agreement. Back on December 2013, when I first asked the plaintiffs attry to validate the debt they had sent me some copies of statement that showed I had been a card member since 2010, thus why I asked for the 2010 card agreement.


 


6- I received a  letter from the county stating I have 21 days to choose a arbitrator for the court required arbitrator.. NOT AAA,JAM, 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, as this is what is listed on their complaint.. 


 


 


 


 


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.


 


Thanks, 


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Yep Oregon Sucks ,  no due process here ...I did the same thing , The court ignores anything you file about JAMS and send you to arbitration . you have no choice.

So don't get too worked up pick an arbitrator , start sending requests for admissions, and production  , and anything you can think of which is just to drive the Debt collector crazy , who does not give a crap about you . You are just a number to them.

pay the arbitrator the rediculous fee of 375 or less if you are lucky , put your case together send to arbitrator , Then you get to show up in person and the debt collector gets to appear by phone ...Its all a farce to get money from you ...After getting your butt handed to you , file Trial De Novo cost 150.00

and a few monthes later they will back down and send you a request for dissmissal ...once you get that it is all a chess game it will sit better ...

I had 4 of them coming at me 2 dissmissed then I filed bankrupcy becuse I was tired ....

Look up any info from Huey Pilot

go kick some butt !

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It looks like you are on the right track here:

 

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.

 

These are the things that have to be done to get out of the court arbitration and into JAMS.  (Note that if the MTC is granted, you will have to file with JAMS.)

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