Sign in to follow this  
shyjesta

Help, Portfolio Recovery Associates, served papers!!! In Oregon

Recommended Posts

No, the green card is for your records only. If they try to say they never got it, you have it as your proof they did. You don't need to file the green card with the court.

Share this post


Link to post
Share on other sites

Was it on a separate peice of paper? That is odd, as long as there was a place for granted _________, denied___________.

Share this post


Link to post
Share on other sites

Hello, I recently received a letter from the PRA lawyer, I had also received a letter from the court saying they assigned a judge who would hear the motion, now it sounds like their attorney is claiming I never sent him the letter electing JAMS, which was sent in 2 copies, one cert letter with return, and the other first class. I also have the proof of service, my name question is do I even need to respond to him? Would that be discussing the case without JAMS, should I stay quiet until I hear something from the court? ... This is what he wrote:

 

I have recently been informed by the court that you have filed a motion to compel production in this matter. I only learned of this because of a notice from the court indicating that a judge had been assigned to hear the motion. By rule, you must have first conferred with me before filing that motion, and furthermore, served a copy of your motion on plaintiff prior to filing the motion. You did neither. Please forward your motion to my office at your soonest convenience.

 

Also a motion to compel production follows the failure of party in properly responding to requests for production propounded pursuant to the oregon rules of civil procedure. You have not served any proper requests of production on plaintiff. Therefore, any motion to compel is premature at this point. If you have any requests for production then please forward those to my office as well. 

Share this post


Link to post
Share on other sites

Hello, I recently received a letter from the PRA lawyer, I had also received a letter from the court saying they assigned a judge who would hear the motion, now it sounds like their attorney is claiming I never sent him the letter electing JAMS, which was sent in 2 copies, one cert letter with return, and the other first class. I also have the proof of service, my name question is do I even need to respond to him? Would that be discussing the case without JAMS, should I stay quiet until I hear something from the court? ... This is what he wrote:

 

I have recently been informed by the court that you have filed a motion to compel production in this matter. I only learned of this because of a notice from the court indicating that a judge had been assigned to hear the motion. By rule, you must have first conferred with me before filing that motion, and furthermore, served a copy of your motion on plaintiff prior to filing the motion. You did neither. Please forward your motion to my office at your soonest convenience.

 

Also a motion to compel production follows the failure of party in properly responding to requests for production propounded pursuant to the oregon rules of civil procedure. You have not served any proper requests of production on plaintiff. Therefore, any motion to compel is premature at this point. If you have any requests for production then please forward those to my office as well. 

 

He believes you filed a motion related to discovery.

 

If it were me I would send him a letter stating that a copy of my letter electing JAMS arbitration and a copy of the CMRR card showing receipt by his office dated [date] is enclosed and that the motion filed is to compel arbitration per the terms of the card agreement his client claims applies to the alleged debt.  Then sit back and see how he responds.

  • Like 1

Share this post


Link to post
Share on other sites

I just got a letter from the court, and its a notice of assignment to arbitration. Does this mean that the judge didn't even bother with me electing JAMS? Says I have 21 days to agree on an arbitrator with the plaintiff. The bottom reads if any party believes this case should not have been assigned to arbitration program, that part must file a motion for exemption from arbitration within 14 days... I'm confused, I thought I did that with sending the paperwork to dismiss with prejudice and the letter asking for JAMS? 

Share this post


Link to post
Share on other sites

OK, lets slow down.  You filed a Motion to Dismiss, and compel private contractual arbitration---correct?  

You may have needed to request a hearing of your motion.  Sounds like you filed it but the court is ignoring it.  I don't know Oregons rules of civil procedure, but look up motion hearings. (google it, see what comes up)  You can try calling the clerks office, sometimes they will tell you how to ask for a hearing, sometimes they don't help at all.  

If you need a hearing, request one ASAP.  And file that motion for exmeption within the 14 days due to your motion to compel.

Share this post


Link to post
Share on other sites

I'm wondering if the notice is about mandatory arbitration per court rules.

Share this post


Link to post
Share on other sites

@BV80 that is exactly what that is, their mandatory Arb. She should not have to do that if her motion is granted, but they won't even hear it if she was supposed to request a hearing and didn't.

Share this post


Link to post
Share on other sites

OK, lets slow down.  You filed a Motion to Dismiss, and compel private contractual arbitration---correct?  

You may have needed to request a hearing of your motion.  Sounds like you filed it but the court is ignoring it.  I don't know Oregons rules of civil procedure, but look up motion hearings. (google it, see what comes up)  You can try calling the clerks office, sometimes they will tell you how to ask for a hearing, sometimes they don't help at all.  

If you need a hearing, request one ASAP.  And file that motion for exmeption within the 14 days due to your motion to compel.

Yes I did file the motion, what I did not do was ask for a hearing... Now would I redo the motion to dismiss with prejudice? Or just file the motion and send the court my letter to their attorney again, stating wanting to elect JAMS? 

Share this post


Link to post
Share on other sites

On the circuit court website, I found a form that says "motion removing case from court arbitration and assigning it to trial docket" I filled this out and plan to file it with the courts in the morning... I plan to attach the notion of arbitration election and a copy of the amazon store card agreement. 

Share this post


Link to post
Share on other sites

I would go to the court and tell them you filed a motion to dismiss/compel PRIVATE contractual arbitration, but you realize you need to schedule a hearing for it to be heard, and would like to do that now. You should not have to refile it, but bring it along just in case.

Share this post


Link to post
Share on other sites

Just got in the mail from their lawyer a "Plaintiffs request for admissions" Has over 30 requests for admission. Do I have to respond to this? Or should I just first contact the court and see if I can get a hearing for the motion to be heard? If I dont respond to the admission, the front page says will result in admission of the following requests.

Share this post


Link to post
Share on other sites

Front act the court. Our want to get your motion heard. If your running low on time, answer them all with "objection. Defendant has a motion to compel priviate contractual arbitration with the court, and a motion to dismiss or in the alternative stay case pending arbitration filled with the court. Defendant will not answer discovery questions until motion is ruled upon, or ordered but the court". (Something along those lines). You don't want to waive your rights to Arb.

Share this post


Link to post
Share on other sites

So I would answer "objection" on all the questions, and include a letter stating I am waiting for the court to rule on the motion? My reply would go to the plaintiff and also a copy to the court? Or just respond to the plaintiff?

Share this post


Link to post
Share on other sites

I had called the court and they stated they never received my docs electing JAMS, I personally delivered them when I paid my fee. Today I got the letter that they assigned an arbitrator and we have to agree within 21 days of a time to meet. I was told my the filing clerk to send the judge a courtesy copy of the docs I had sent asking for JAMS, even though she assured me that the files were in fact filed. When I spoke to the judge's clerk, he said he could not see anything and thats why it was not heard. 

At this point  I am wanting to just pay something and be done with it, any recommendation on asking PRA or their attorney to dismiss with some sort of payment maybe 30%? or something? Is it wise to do so before the arbitration which everyone says I will lose? 

Share this post


Link to post
Share on other sites

Yes,  it's been said that in OR almost all defendants lose at court-ordered arbitration, but afterwards  you get to go before a judge and go to trial.   Don't give up now and try to settle.   At the court-ordered arbitration, tell the court-appointed arbitrator that you had motioned the court and submitted papers for private contractual JAMS arbitration, and that's where you want your case heard.   Depending on how they rule, you may still end up before a judge, but then you keep demanding JAMS arbitration.  Don't know why your paperwork got lost.  I would keep asking the clerks (maybe even different ones) if they have any idea what happened.   You might even see if you can ask one the judge's personal clerks or assistants the same question.

Share this post


Link to post
Share on other sites

You are entitled to a hearing on your MTC private contractual arbitration.

And the court has no choice except to rule on your motion. It has to rule one way or the other. It isn't allowed to ignore a motion.

The only obvious problem here was somehow the court / clerk? making a mistake and thinking the motion was for court ordered arbitration.

Anyway, in Oregon, avoid the answer. Respond to the lawsuit via motion.  Else you end up in mandatory court ordered arbitration, and if you have to appeal, soon find yourself on the fast track to trial, which you don't want as a pro se.

Try talking to the docketing department about why your motion was not scheduled for hearing. That's a good place to start.

 

 

 

Share this post


Link to post
Share on other sites

If you file the MTD/Compel and did not file an answer, I would file a motion to vacate the mandatory arb. stated reason you have a motion that has not been ruled upon, you have not answered the complaint.

  • Like 1

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.

Sign in to follow this