jazz

Need Help - Served in Oregon by Portfolio Recovery Associates

Recommended Posts

1. Who is the named plaintiff in the suit?  

    - Portfolio Recovery Associates, LLC

2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.)

    - Johnson Mark, LLC

3. How much are you being sued for?

    Under $5000

4. Who is the original creditor? (if not the Plaintiff)

    - CIT BANK

5. How do you know you are being sued? (You were served, right?)

    - Right...summons served

6. How were you served? (Mail, In person, Notice on door)

    - I wasn't home, husband refused to accept, they left it on the front porch anyway

 

7. Was the service legal as required by your state?

    -  According to the courthouse clerk, no. But apparently it doesn't matter anyway.

8. What was your correspondence (if any) with the people suing you before you think you were being sued?

    - None

9. What state and county do you live in?

    - Portland, Multnomah

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations)

    - Have no info about this account. I do not recognize the OC.

11. What is the SOL on the debt?

    - 6 years in Oregon.

12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name)

    - Complaint filed; served two weeks later
    - Response: came here for help with that :-)

   
13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?)

    - No.

14. Did you request debt validation before the suit was filed? (Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late.)

    - No. I did receive a notice from the lawyer, in a non-postmarked envelope a mere 10 days before the suit was filed.

15. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming.

    - 26 more days

16. We need to know what the "charges" are. Please post what they are claiming.Common counts,account stated,breach of contract,claims of debt for goods sold and delivered,for work performed,for money loaned or advanced,for money paid and repayment is due,for money received on behalf of the plaintiff,money due on an account stated or on an open book account, indebitatus assumpsit, quantum meruit,quantum valebant,unjust enrichment.

    - Breach of Contract

 17. Is the complaint "verified"? A verified complaint is one in which the last page it has a declaration from someone stating that the information and allegations are true and correct under penalty of perjury.

    - No.  The complaint is not verified.

18. Did you receive discovery or interrogatory or Admissions (questionnaire) regarding the lawsuit?

    - No.

19. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits.

    - Absolutely nothing.

 

 

Share this post


Link to post
Share on other sites

Warm Greetings CIC Community,

 

I was served a few days ago and immediately started googling like hell. I feel so very fortunate to have found this forum. I have probably spent over 30 hours in the last four days reading everything I can here to help inform myself, and with the knowledge provided by this amazing community, already I am starting to feel a bit of confidence.

 

In truth, though, this is the very first time I have had to deal with litigation and I'm pretty scared.

 

I am also unbelievably pissed off. The people who are out to get me are just so shady.

 

First off, I received a collection notice from Johnson Mark on January 16, 2015 that stated I owed Portfolio Recovery Associates some money, and Johnson Mark has been hired to collect. The letter itself was dated December 19, 2014, but arrived, oh, almost a full month later, coincidentally in a non-postmarked envelope from Utah. The original creditor was listed as CIT BANK -- no idea who that is. (We have a Citibank Visa in my husband's name, but it's current, and my name is not associated with that account. So I checked my credit report to search for clues...I see no CIT BANK anywhere on it.)

 

Curiously, the collection notice is made out to me in my nickname (i.e. let's say, "JAZZ" SURNAME instead of “JASMINE M” SURNAME) which makes me immediately suspicious because I reserve that name (aka Jazz) for casual correspondence like magazines, social media, stuff I don't want to have to pay attention to if I don't feel like it, etc. All of my financial affairs are in my given proper legal name (aka Jasmine M). At this point, while I think it's some weird shady fluke, I am on alert and saving the notice because something just ain’t right.

 

Then, about two and a half weeks later, I receive a letter from Credit Advisors all the way out in Omaha, Nebraska letting me know I've "been sued" -- complete with case # -- and telling me they can help! How did they know all the way out there in NE that I was sued when I didn't even know back home? Well, apparently because Oregon public records had proclaimed it! I spent all day online trying to find any OR public records that gave such info and was unsuccessful. Finally, I called the courthouse and was told a complaint had been filed on 1/26...a mere 10 days after I had received the original letter from Johnson Mark.

 

An un-postmarked envelope with a notice dated roughly 30 days previous. A mere 10 days later, case filed. A credit counseling company 1700 miles away on stand-by to “help” me. And all of it addressed to my nickname. I am seriously being scammed!

 

I call Multnomah Co Courthouse, again, to report how shady this is. They respond that the normal trajectory is that I will probably be served, so to be on alert. I explain that I am uber busy and am worried that these rats are going to make a half-assed attempt to serve me, and then file some notice in Nickel Ads that I will never see. I ask if they can serve my husband. They tell me not if he refuses. They tell me these things frequently get dragged out over several months. I think to myself, okay this at least buys me some time to figure out what to do, here. They also suggest I see a lawyer.

 

I look online, and find a consumer rights/bankruptcy lawyer who looks relatively compassionate, call for advice, and while he says based on the amount owed and circumstances he can’t take my case, he does suggest that I send a certified letter to the law firm asking for debt validation. I immediately start drafting that letter. That very same day, my husband tells me someone knocks on the door, tries to serve him instead of me, he refuses, but they leave the summons on a table on the porch anyway, and leave.

 

I send the validation letter to Johnson Mark the next day. This was Friday, 2/13. This is also before I discover the CIC Forum.

 

Since then, like I said, I have been on here as much as I can. I have already copied and reformatted a complaint answer that I found on this site that is relevant not only to the lawyers who served me but also my state. I have basically fixed it to suit the complaint I was served, and plan to bring it to the courthouse on this Thursday, 2/19.

 

 

 

Share this post


Link to post
Share on other sites

Where I am stuck is five-fold:

 

1) How do I address within the complaint that the correspondence and case are all addressed to the wrong name? I am answering it as the “Defendant,” however, I am not convinced I even am the intended Defendant, as I do not conduct financial business under my nickname.

 

2) There are previous cases that are referenced in the complaint answer that I copied that I have no idea how to speak to if asked.

 

3) I also think I pretty much understand the Affirmative Defenses that I copied and pasted into my answer, but am not wholly confident at this time that I could convincingly speak to them if put on the spot.

 

4) Does the format of my answer matter? I have pretty much followed and quoted the original complaint, but not necessarily put all the same margins/indents/etc in. Also, is “ANS” the accepted abbreviation for ANSWER that everyone uses? Because I typed out ANSWER. How important is the formatting at this point?

 

5) I know from reading here that I will go to mandatory arbitration because of Oregon’s corrupt system, and that I will also lose. Just not sure how much the quality of my complaint counts this early in the game.

 

Thank you, thank you, thank you very much for any advice. This forum is a life saver. I am a complete novice starting from scratch, but I am committed to doing whatever it takes to make sure these JDBs do not win.

Share this post


Link to post
Share on other sites

Where I am stuck is five-fold:

 

1) How do I address within the complaint that the correspondence and case are all addressed to the wrong name? I am answering it as the “Defendant,” however, I am not convinced I even am the intended Defendant, as I do not conduct financial business under my nickname.

Where is says "defendant is jazz somebody" you put denied. Defendants name is "jasmine somebody"

 

2) There are previous cases that are referenced in the complaint answer that I copied that I have no idea how to speak to if asked.

 

What are they, type them out.

3) I also think I pretty much understand the Affirmative Defenses that I copied and pasted into my answer, but am not wholly confident at this time that I could convincingly speak to them if put on the spot.

 

. No matter, you will be conducting discovery.

4) Does the format of my answer matter? I have pretty much followed and quoted the original complaint, but not necessarily put all the same margins/indents/etc in. Also, is “ANS” the accepted abbreviation for ANSWER that everyone uses? Because I typed out ANSWER. How important is the formatting at this point?

 

Should be fine.

5) I know from reading here that I will go to mandatory arbitration because of Oregon’s corrupt system, and that I will also lose. Just not sure how much the quality of my complaint counts this early in the game.

 

Play it like you would in court because even though you will get a trial de novo, you want all your defenses, pleadings etc. To count in real court.

Thank you, thank you, thank you very much for any advice. This forum is a life saver. I am a complete novice starting from scratch, but I am committed to doing whatever it takes to make sure these JDBs do not win.

Share this post


Link to post
Share on other sites

 

 

2) There are previous cases that are referenced in the complaint answer that I copied that I have no idea how to speak to if asked.

 

What are they, type them out.

3) I also think I pretty much understand the Affirmative Defenses that I copied and pasted into my answer, but am not wholly confident at this time that I could convincingly speak to them if put on the spot.

 

 The two cases referenced in the complaint answer that I copied from this forum that I am not sure how to speak to are:

 

6. IN THE ALTERNATIVE, Plaintiff pleads a claim of Quantum Meruit. Plaintiff incorporates into this claim paragraph 1. Principles of equity also require Defendant to pay for the benefit conferred on Defendant by the Original Creditor's extension of credit. Defendant was fully aware of the benefit received. Under the circumstances, it would be unjust to allow this benefit without requiring Defendant to pay the value thereof.

 

ANSWER: Deny. No established or implied valid contract or Agreement exist between Plaintiff and Defendant. Plaintiff's quantum meruit claims, in the alternative to perceived values, are not grounded or relevant for services not entitled, and are not valid. No alleged remedies for breach flow from any alleged contract and Plaintiff cannot recover in quantum meruit for matters covered by contract which he has not proved title. Plaintiff's claims for alleged breach are not mutually exclusive and render claims for quantum meruit not relevant and denied.

(Citing Prestige Homes Real Estate Co. v. Hanson, 151 Or App 756, 762, 951 P2d 193 (1997).

 

-- And --

 

Defendant affirmatively states as follows:

8. Upon information and belief, Plaintiff may be liable for statutory damages pursuant to FDCPA Act § 803.4 to include remedy for filing false affidavits. Eva Lauber et al. v. Midland Funding LLC, Supreme Court CV-10-5132-LRS.

 

Also, here are the Affirmative Defenses that - given my novice four-day submerging in this site limitations - I feel apply (are there other recommendations?):

 

II. AFFIRMATIVE DEFENSES

Further the defendant asserts the following defenses and states:

As and for a First Defense

Plaintiff has not presented proof or has failed to state ultimate facts sufficient to constitute a claim either because it is not legally cognizable or because sufficient facts have not been alleged to make out a cognizable claim as per Fed. R. Civ. P. 12 B (1)[1] lack of subject matter jurisdiction or Rule 12 B (6) failure to state a claim upon which  relief can be granted.

As and for a Second Defense

Plaintiff has deficiency in their proof of standing excluding any right to sue, and further precluding subject matter jurisdiction the Oregon Circuit Court of Multnomah County in which the suit is filed.

 As and for a Third Defense

Plaintiff has failed to provide proof of any credit card agreement or evidence that it was offered, delivered, or that it's enforceable in order to prevail on any breach of contract or account stated. Plaintiff is deficient in proof of valid contract between parties of this immediate action.

 As and for a Fourth Defense

No evidence or record appears in the complaint supporting facts, other than related assumptions, or that the Plaintiff is an Assignee of and Assignee of the purported agreement, or that any transfer of title or rights to the Original Creditor’s Claims or ability to take action, are evident and remain unsubstantiated.

As and for a Fifth Defense

Plaintiff is deficient in proof that they are the real party of interest. Rule 26A of the Oregon Rules of Civil Procedure requires that every action be prosecuted in the name of the real party in interest and that, relevant substantive law creating the right being sued upon, the suit has been commenced by the party holding the substantive right to relief.

Share this post


Link to post
Share on other sites

First off, calm down and cool off. Just keep on reading and learning and we will try to help you. As shellieh98 said, you will need to file a general denial to start with and do it within the time frame allowed. It's true that here in OR you normally have to go through their dog and pony show however; a few have taken their arb papers like you would have from CITI and force OR to allow you to go to private arb. Can't recall who it was, but someone on here did so recently.

 

Should you fail to get them to allow it you can appeal, make sure that you object to everything they bring up and try and cite law backing you up so that you will have something for the appeal. Also, make sure that you go sit in on a few court secessions to see how they run. It will help you a lot . I would really push Oregon to let you have private arb as they are not allowing you your rights under arb. I don't see Huey Pilot on here any more, if she is, or you can try a pm to her you might get some help there as she went through this a year or two ago. Good luck, I am a little over a hundred miles from you. You are in the big city court system, so everything should be online for you.

 

I would also put in there when you send it back that you demand PRIVIATE ARB per JAMS. You might fake them out and go ahead and file for it as it will only cost you $250.00 They must pay the rest. Then when you go to court you just tell them that per the arb agreement you have filed for it. Might be a good end run pay that you could win doing it that way. Just my thoughts.

  • Like 1

Share this post


Link to post
Share on other sites

@TomnTex thank you for your insight. Where in the complaint -- what part format-wise -- do I demand JAMS?

Also, can I demand JAMS if I do not recognize having any relationship with CIT BANK? Is it permissible to use the ARBs agreement for CIT BANK based on the complaint stating that that is the OC? Or will that automatically imply that I am admitting I have a contract with CIT BANK?

Share this post


Link to post
Share on other sites

Based on what your saying, I would tell them when you send the summons answers back that you also put in it that if this is with CITI bank that you hereby demand that you be allowed arb per their agreement and with JAMS at that time. Unless someone else has a better ideal. Have you tried to get ahold of hueypilot yet?

Share this post


Link to post
Share on other sites

Based on what your saying, I would tell them when you send the summons answers back that you also put in it that if this is with CITI bank that you hereby demand that you be allowed arb per their agreement and with JAMS at that time. Unless someone else has a better ideal. Have you tried to get ahold of hueypilot yet?

I sent hueypilot a pm today. I have read through her old posts and they are definitely helpful.

Share this post


Link to post
Share on other sites

I was going to file my answer to the complaint today, however the clerk at the courthouse said there is nothing on file that indicates I have been served.

 

From what I understand, and from what the clerk explained to me today, Oregon law states that if the summons is brought to my house and given to someone other than me (which is what happened...actually, they set it down on a porch table, it was not physically given to anyone) then the complaint must then also be sent directly to me via mail, and it is the receipt of the complaint by mail that starts the 30 day clock.

 

The complaint left on my doorstep happened a week ago, last Thursday the 12th. The clerk seemed surprised that I have not received anything by mail yet.

 

Does any of this matter?

 

Is this some sort of known JDB tactic that I should watch out for, or is the lawyer serving me just unorganized?

Share this post


Link to post
Share on other sites

It could be! Keep an eye on your local court on line if possible, and anywhere else you may have lived in the past five or ten years as they may try to mail it to an old address known as "sewer service". This is how the try and get a default judgment against you. If it was me, since you have not yet been served, then I would send them a DV letter CMRRR with your correct mailing address. This way you will have proof if they do try to do a sewer service on you. It shows the court that they do have the correct address and will help in vacating any default judgment that they might get on you.

 

So, send that letter tomorrow, and keep an eye on the court system. Good luck.

Share this post


Link to post
Share on other sites

@TomnTex

Thank you for your advice. I actually did send a DV the same day they served my husband on the advice of an attorney I contacted. I figured it was being ignored. I explained to them I did not recognize who they were, or who the original creditor was -- and that they also are trying to collect in the wrong name. I also asked for validation.

My husband said a packet of information arrived today from them that asks for me to fill out a bunch of stuff to file for identify theft. I haven't looked at it yet, but this seems fishy to me. Are you familiar with this tactic?

They contacted me to pay a debt. I don't recognize their claim. So now I have to give them a bunch info to prove I am not who they think I am? That's just wrong. How do I refuse their request and get them back on track of validation?

  • Like 1

Share this post


Link to post
Share on other sites

Before you send anything back to them, get on here and post the questions so that we can help you answer them. A lot of times they have nothing and they want you to fill in the blanks and make their case for them. Too bad you told them it was not in the correct name. Did you tell them the name it should be?

Share this post


Link to post
Share on other sites

Before you send anything back to them, get on here and post the questions so that we can help you answer them. A lot of times they have nothing and they want you to fill in the blanks and make their case for them. Too bad you told them it was not in the correct name. Did you tell them the name it should be?

Yes. On advice of a lawyer. Before I found this forum :(

Share this post


Link to post
Share on other sites

What's done is done. Again, they want you to fill in the blanks so they can make their case. From here on out, either ask here first or be very careful of what info you give them. One thing is never give a JDB or anyone your banking info. If you ever have to send any of them money get a postal money order or a bank check from a different bank than you use.

Share this post


Link to post
Share on other sites

What's done is done. Again, they want you to fill in the blanks so they can make their case. From here on out, either ask here first or be very careful of what info you give them. One thing is never give a JDB or anyone your banking info. If you ever have to send any of them money get a postal money order or a bank check from a different bank than you use.

What are the chances that the lawyer is sharking around this forum?

Share this post


Link to post
Share on other sites

201502211327.pdf

 

@TomnTex

 

So, you are totally right, TomnTex. This is obviously a ploy to get my personal info. Besides the notice sent from their "Investigations Department" (attached), they sent a six page FTC Identity Theft packet that asks for everything, right up to bank acct numbers and routing numbers...all so that they help me to "investigate the situation."

 

In another envelope, I received their answer to my request for DV. Basically it's a blank sheet of paper (no letterhead) with everything listed that was also on the original collection notice they sent me, with the addition of my phone number, last four digits of ss#, and birth date. It also shows the address of the original creditor (which I Googled and came up with nothing).

 

No statement, no BOS, no agreement...just a piece of paper with stuff they typed on it.

 

Interestingly, they have tacked on "Court and Service Costs" and now want to collect more than what was on the original collection letter and also the complaint. I posted in another forum on here to see if anyone could help me figure out if they can tack on court costs like that and was told it's a possible FDCPA violation.

 

Do you know how I could find a trustworthy consumer advocate lawyer?

Share this post


Link to post
Share on other sites

It's possible, but I doubt they are on here. Go to www.nanac.net and put in your info. As I recall, their are several attorneys listed for the PDX and EUG area. You should find one there. At least try and get a free consult, and I would look to quickly file an MTC to compel PRIVAT arb, not the state run arb as it's really illegal that the state is doing so. It deprives you of your right to the private arb by enriching the state lawyers. They will object and try to block you from doing so, they may tell you that you have to use the state arb.

 

If you end up going to state arb, be prepared with a lot of objections and try to have state law to cite to them on a lot of things they try to throw at you. You want to set it up so that you can appeal. If it was me, and I was forced into it I would probably smile at their attorney and say "just between me and you, I know you will win in this set up kangaroo court, but before I leave the court house today I will be filing my appeal". Let them know that your not going down without a fight.

 

Spend all the time you can on this board reading, learning and asking questions so that your prepared, you can also try for extended time if you think you will need it.

 

Yes, they will try everything they can to get info from you. If you suspect ID theft, it's easier for you to just go to your local PD dept. and file yourself. That way they won't get your info. Give them Nothing......

  • Like 1

Share this post


Link to post
Share on other sites

@TomnTex

 

Thank you immensely for the encouragement and support. Your perspective is so very helpful.

 

The link above doesn't seem to work...what does "nanac" stand for?

Share this post


Link to post
Share on other sites

These comments are from Huey Pilot's thread:  Application for trial de novo (Appeals) in Oregon is automatically awarded to defendant. It requires a deposit of $150.00.

You have 20 days after Oregon Court Annexed Arbitration to file a Motion to Vacate Arbitrators Award. (Probably a waste of time and won't go any where - it's free) You would file that with the Clerk of Court with the County of your residence where the action was initiated.

You also have 20 days to file an Appeal. (Trial De Novo) after the Arbitrators Award. That is also filed with the administrative clerk at the Court house where action was initiated. De Novo is a complete do over so you have to file the appeal then request production and file motions starting all over again with the Plaintiff's Council.

 

Also, if you have not found it yet, here is a link to her thread:  http://www.creditinfocenter.com/community/topic/310921-midland-attorney-co-mingled-doc-requests-with-admission-questions/page-1 You need to take time and read it all and take good notes. I would just do a block copy of her comments and save them to a text file program such as note pad then print them out as needed.

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.