FlashGordon

Need help with Discovery process in Oregon

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Had a Hearing-Pre-Trial Conference today, my case is Midland Funding,LLC vs Flash Gordon in Jefferson County, Oregon. And the judge placed it in the mandatory Arbitration, I OBJECTED to Arbitration, I told the judge I wanted to go to court, before a judge he stated I would have to file a motion for that, I OBJECTED to the lawyer calling in Telephonicly in, if I had to be there so do they. it all fell on deaf ears so on to the next step, from what I understand is discovery process, how dose one go about asking for discovery can you just send the request to the lawyers do you have to file it with the courts and send a copy to the lawyers?? I just can't find this information clearly to explain it for me any help would greatly be appreciated.

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I think you might still have a chance to file an MTC private arb if you will get on it. Read the thread by huey Pilot at the bottom of my sig line here.

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Thank You, TomnTex. I read the thread from huey pilot, very helpful, same lawfirm but the questions in the summons - complaint were a little different than hers. And thanxs for pointing out filing for a "MTC private arb" i  was thinking of filing a Motion objecting the arbitration and asking for having my case heard in a court. So this gives me another option i need to look at. Still trying to wrap my head around the pre-trial hearing, it didn't go well.  

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So here is more information:

 

 

1. Who is the named plaintiff in the suit?:

    MIDLAND FUNDING, LLC

 

2.What was the name of the law firm handling the suit?:

   Gordon, Aylworth, & Tami. P.C. Attorneys at law.

 

3. How much are you being sued for?:

    $4,XXX.XX.

 

4. Who is the original credtor?:

    Fingerhut.

 

5. How do you know you are being sued?:

    Served with a Summons-Complaint.

 

6. How were you served?:

    By Certified Mail, Return receipt, Signed for it.

 

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

   Yes.

 

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

    Nothing!

 

9. What State and county do you live in?:

    Oregon, Jefferson County.

 

10. When is the last time you paid on this account?:

      Still within the statute of limitations.

 

11. What is the SOL on debt?:

      6 years, OR.

 

12. What is the status of your case?:

      Had a Hearing-Pre-Trial Conferance Feb 24th 2015, will be getting Arbitration Pack in mail.

 

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 be for the suit was filed?:

      No, never heard from the collection agency or the law firm before i got served.

 

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. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit?:

 

      I had 30 days to respond after i was served; I have filed an ANSWER with the court.

 

      They are "charging"; BREACH OF CONTRACT.

 

       They are claiming; Entered into a contract with FH for charge card with account xxxxxxxxxxxxxxxx (they gave numbers but i will leave them out). MF,LLC for good and valuable condideration purchased FH charge account and all of the associated rights thereunder, ect... ect... ect...

 

       I have NOT received interrogatory (questionnaire) regarding the lawsuit.

 

16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits.; NOTHING.!!

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For that amount if you can get private arb it may scare them off in time as it will cost them more than that to fight it.

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