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In Oregon, and maybe you're state..


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I have had to learn this the hard way, so I am putting this out there for the rest of you to see.. 

 

In Oregon when you file a MOTION you must also execute an order so the judge can sign on the order. I didn't' know this, so when I put my first MOTION to amend by leave, there was no movement. I then reached out to the clerk, who then advised me that unless its submitted with an order for the judge to sign, there will be no order given. So here is an example of a motion, and a order.. 

 

 

MOTION....

IN THE CIRCUIT COURT OF THE STATE OF OREGON

FOR WASHINGTON COUNTY

UNIFUND CCR, LLC, assignee of pilot Receivables Management, LLC,

 

                                    Plaintiff,

vs.

XXXXX

                                    Defendant

 

CASE NO.:  XXXXX

 

 

 

 

MOTION TO COMPEL ARBITRATION AND DISMISS OR IN THE ALTERNATIVE, TO STAY PENDING ARBITRATION

          Defendant XXXX moves to dismiss Plaintiff UNIFUND CCR, LLC assignee of Pilot Receivables Management, LLC, complaint pursuant to ORS 36.625 Petition to compel or stay arbitration, Federal rule of Civil Procedures 12( B) (1), or in the alternative, to compel arbitration of Plaintiff claims and to stay these proceeding pending arbitration pursuant to the federal Arbitration Act, 9 U.S.C § 1 et, seq. (the “FAA”). In support of this motion, Defendant incorporates the Memorandum of points and Authorities submitted herewith, and states as follows:                      

                                                I. MOTION TO DISMISS

1.  Plaintiff allege on their complaint which was served on the Defendant on March 8, 2014 that plaintiff‘s Unifund CCR, LLC, assignee of Pilot Receivables Management, LLC has “been assigned Defendant’s Citibank, N.A credit card account and contract(the “contract”). A copy of the Contract is attached hereto and made a part hereof as Exhibit “A”.

 

THIS IS NOT THE COMPLETE OF MY MOTION, JUST A QUICK SNAP SHOT

 

 

 

 

 

ORDER:

 

IN THE CIRCUIT COURT OF THE STATE OF OREGON

FOR WASHINGTON COUNTY

UNIFUND CCR, LLC, assignee of pilot Receivables Management, LLC,

 

                                    Plaintiff,

vs.

XXXXX

                                    Defendant.

 

 

CASE NO.:  XXXX

 

 

 

ORDER GRANTING DEFENDANTS

MOTION TO COMPEL ARBITRATION AND DISMISS OR IN THE ALTERNATIVE, TO STAY PENDING ARBITRATION

             This matter came before the Court on Defendant’s Motion to Compel Arbitration and Dismiss or in the Alternative, to stay pending Arbitration and the Court after reviewing said Motion hereby orders as follows:
  
 IT IS HEREBY ORDERED ADJUDGED AND DECREED the Defendant’s Motion to Compel Arbitration and Dismiss or in the Alternative, to Stay pending Arbitration is GRANTED. It is further ordered:

___That this matter is dismissed without prejudice
                     or
___To Stay proceedings pending Arbitration

 

 

             DONE IN OPEN COURT this date: ______________

                                                                                    ______________________________

Honorable Judge

 

 

 

 

Prepared by: XXXX

Defendant pro se

 

 

 

please note.. I am not an attorney, nor am I pretending to be one. I am a pro se debtor, learning and sharing. I feel that I have learned so much from you wonderful board member's, and only paying my dues.

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