todohert

New Here and Need Help Understanding Arbitration

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I live in Oregon and was sent a summons letter a month ago from Portfolio Recovery.  I replied with my "answer" and yesterday I received "Notice of Assignment to Arbitration".  Not sure what to do.  I checked my credit report and there is nothing there from this company.  I have had credit cards in the past, but stopped using them years ago.  There was no proof sent with the summons that this card is mine.

 

Here are my questions:

 

Should I wait the 14 days to see if Portfolio pays the fees for arbitration or do they normally drop it.

 

What is "Motion for Exemption of Arbitration" and "Order of Exemption from Arbitration?"  (The internet is confusing on this!)

 

What are my chances of winning this?  The total amount Portfolio is asking for is $1,500.  I don't want to pay more in court costs the the actual amount. 

 

Do both parties have to show up for arbitration or do we sent the paperwork for the arbitrator and he or she makes the decision?

 

Can I contact Portfolio and ask for proof and if they prove it is mine can I work something out with them or do I still have to go through arbitration?

 

I appreciate any help I can get.

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I live in Oregon and was sent a summons letter a month ago from Portfolio Recovery.  I replied with my "answer" and yesterday I received "Notice of Assignment to Arbitration".  

 

Where did this notice come from?  If its from the courts, that means that rather than appearing before a judge, you'll meet with a court appointed arbitrator.  That's much different than the "Arbitration" normally discussed here.

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I have seen other places mention that OR has a mandatory court appointed arbitration.  That's likely what your notice is about.

 

Some people (but not all - depends on the Judge) have been able to make a motion to compel private contractual arbitration according to the credit agreement.  If you can convince the judge that the contract's option for arbitration should be ordered instead of court arbitration, then you would be in a better position.  AAA or JAMS would cost the JDB thousands of dollars a day that they would have to pay. 

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Then its court ordered.  Did Portfolio tell you who the original creditor was?  Did you have a CC with them?  If so, you want to see if the CC terms and conditions IN EFFECT WHEN YOU DEFAULTED had an arbitration clause.  If so, you want to petition the court to order PRIVATE arbitration as @fisthardcheese suggests.

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I apologize, but I'm clueless on some of the termonology.  Portfolio said it was through Capitol One.  I'm not sure what a CC is?  Is to to late to contact Portfolio about terms and conditions in effect this since a letter has already gone out about the court ordered arbitration?  Do most credit places like Portfolio stop pursuing at this point?  I'm just really confused on what to do.  

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CC  = credit card.  Abbreviations at http://www.creditinfocenter.com/community/topic/247970-commonly-used-abbreviations/

 

If it was a Crap 1 CC, very good chance that their terms and conditions included a "all disputes regarding this account will be subject to arbitration thru JAMS or AAA" provision.

 

You can research how to use this to your advantage on the forum here.

 

You might try www.naca.net to see if there is a consumer lawyer in your area that would discuss your options.

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This was ordered by the court after I submitted my answer to a summons.  

This is court ordered arbitration. YOU do want to AVOID this if you can. The courts use this to lighten their load.

 

You want private contactual arbitration.

 

Stop what you are doing and read at least the first 2 or 3 pages of the thread about this and you will have a better idea of what you really want and why.

 

http://www.creditinfocenter.com/community/topic/314030-the-strategy-and-steps-of-arbitration/?hl=%2Bstrategy+%2Bsteps+%2Barbitration

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