MisterDan Posted February 2, 2019 Report Share Posted February 2, 2019 So, it seems I'm to join the masses of people being sued by these devils. I've been reading quite a bit of info in this site and am learning a lot. Although I'm not entirely sure still how to commence in this situation. I'm hearing a lot of differing opinions regarding going to court vs. arbitration. Not sure if an arbitration strategy is a moot point for me because here in Oregon we have mandatory arbitration, so it looks like I have to go through with it no matter what. Below are the details of my case. Any advice here is greatly appreciated. 1. Who is the named plaintiff in the suit? Midland Funding, LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Gordon, Aylworth & Tami, P.C 3. How much are you being sued for? between $3000 and $4000 4. Who is the original creditor? (if not the Plaintiff) Synchrony Bank/Amazon.com 5. How do you know you are being sued? (You were served, right?) I was served. 6. How were you served? (Mail, In person, Notice on door) In person at my door. I did not sign for it. Not sure why, it was just an instinct. 7. Was the service legal as required by your state? I think so. 8. What was your correspondence (if any) with the people suing you before you think you were being sued? None. No Correspondence. 9. What state and county do you live in? Multnomah County, Oregon 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) February 2017 11. What is the SOL on the debt? 6 years, I believe. 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). Suit served. I am preparing my response. 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 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 have thirty days from being served, which was yesterday February 1. 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. No evidence. Just a cover letter and a 3-page complaint. 17. Read this article: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits Done Quote Link to comment Share on other sites More sharing options...
MisterDan Posted February 4, 2019 Author Report Share Posted February 4, 2019 Looking up the case on the court site I see it's marked as "open" and on the tenth (I was out of town) there was a hearing of some kind and it says next to this "arbitration—eligible". Anyone have any idea what this means? Please help. Quote Link to comment Share on other sites More sharing options...
Clydesmom Posted February 4, 2019 Report Share Posted February 4, 2019 1 hour ago, MisterDan said: Anyone have any idea what this means? Oregon is one of the few states that has a mandatory court ordered arbitration prior to any trial to see if they parties can settle the matter without needing the court. It is really mediation. It is also rigged for the creditors. The mediator/arbitrator will put heavy pressure on you to simply pay them. Again, it is mandatory. Quote Link to comment Share on other sites More sharing options...
BV80 Posted February 4, 2019 Report Share Posted February 4, 2019 1 minute ago, Clydesmom said: Oregon is one of the few states that has a mandatory court ordered arbitration prior to any trial to see if they parties can settle the matter without needing the court. It is really mediation. It is also rigged for the creditors. The mediator/arbitrator will put heavy pressure on you to simply pay them. Again, it is mandatory. South Carolina also requires court-mandated arbitration/mediation. It’s referred to as Alternative Dispute Resolution (ADR). I went through it, but it was not traumatic. Almost every statement I made included the word “no”. It should be noted that my experience was with a debt buyer. Quote Link to comment Share on other sites More sharing options...
fisthardcheese Posted February 4, 2019 Report Share Posted February 4, 2019 Your court ordered arbitration should NOT be thought of in the same terms as the way we talk about arbitration on this board. When you go to court ordered arbitration, you should continue to deny everything and only insist that you want to go to Private Arbitration in JAMS via the Synchrony Bank Card Agreement. I would prepare an MTC to file prior to your mediation (court arbitration) date. Quote Link to comment Share on other sites More sharing options...
MisterDan Posted February 4, 2019 Author Report Share Posted February 4, 2019 Thanks for your responses guys. I just called a lawyer and chatted with him on the phone for a few minutes. I'm doing mostly gig work right now and the only thing I really own is my car and he advised me to just ignore it because challenging it would be just a hassle and a waste of time and energy and money and that I'd lose anyway. He was a real bundle of joy. It sounds like bad advice. He did say I could just go ahead and dispute it and file an answer to that effect and see what happens, but that I'd be better off ignoring it. Still not sure what to do at this point. Quote Link to comment Share on other sites More sharing options...
MisterDan Posted February 4, 2019 Author Report Share Posted February 4, 2019 He recommended bankruptcy too, because I do have some other unpaid debts, but I really don't want to go down that road right now. Quote Link to comment Share on other sites More sharing options...
wernda1234 Posted February 4, 2019 Report Share Posted February 4, 2019 8 hours ago, fisthardcheese said: Your court ordered arbitration should NOT be thought of in the same terms as the way we talk about arbitration on this board. When you go to court ordered arbitration, you should continue to deny everything and only insist that you want to go to Private Arbitration in JAMS via the Synchrony Bank Card Agreement. I would prepare an MTC to file prior to your mediation (court arbitration) date. Agreed; I would not ignore it; that only results in a default judgement against you Quote Link to comment Share on other sites More sharing options...
MisterDan Posted February 4, 2019 Author Report Share Posted February 4, 2019 So, am I to understand that once I file my answer, it does go before a judge once who then decides if it should even move ahead? Could it be thrown out even at that stage? I'm asking because I'm reading that these summons tend to have other documents attached to them: copies of contracts, affidavits etc. Mine had nothing attached. Nada. Didn't even come in an envelope, was just handed tome folded. Also, I recollect absolutely no attempt to contact me prior to the suit on their part. Not sure if it matters, but I'm inclined to think this gives me a good chance of just having the thing thrown out altogether? Any thoughts? Quote Link to comment Share on other sites More sharing options...
Goody_Ouchless Posted February 4, 2019 Report Share Posted February 4, 2019 Depends on your local laws. Some places require something to be attached to the complaint, others don't. I wouldn't count on it getting thrown out on a technicality, and if it did, they would just correct mistake and refile. Any reason you are not pursuing arbitration? Can't lose with a Synchrony contract. Quote Link to comment Share on other sites More sharing options...
MisterDan Posted February 5, 2019 Author Report Share Posted February 5, 2019 49 minutes ago, Goody_Ouchless said: Depends on your local laws. Some places require something to be attached to the complaint, others don't. I wouldn't count on it getting thrown out on a technicality, and if it did, they would just correct mistake and refile. Any reason you are not pursuing arbitration? Can't lose with a Synchrony contract. I haven't ruled it out at all. In fact, I'll try for that. I just got the summons on riday, so I've been spending the weekend just researching and looking at options. Just got a call-back from an attorney and I have a consultation on Thursday, so I'll see what he says. I have until the end of the month to file and answer, so time isn't all too tight. Quote Link to comment Share on other sites More sharing options...
fisthardcheese Posted February 6, 2019 Report Share Posted February 6, 2019 On 2/4/2019 at 7:13 PM, MisterDan said: Just got a call-back from an attorney and I have a consultation on Thursday, so I'll see what he says Probably similar to the same quackery the other guy told you with his insane "advice" to just ignore the lawsuit. I can't believe that guy still has his license. Or this guy may say he can help you fight the lawsuit for $1,000 - $1500. On 2/4/2019 at 5:58 PM, MisterDan said: So, am I to understand that once I file my answer, it does go before a judge once who then decides if it should even move ahead? Could it be thrown out even at that stage? That's a 99% chance of a big old NO. The blueprints for this kind of case have been made by countless people on this board now. It is a very straight forward process. You file an answer and a Motion to Compel Arbitration and Midland slunks away. There is no magic cream you can rub on your feet to turn invisible and avoid court or filing the MTC. You have to do the process, but when you do, you win. Quote Link to comment Share on other sites More sharing options...
MisterDan Posted February 6, 2019 Author Report Share Posted February 6, 2019 7 hours ago, fisthardcheese said: Probably similar to the same quackery the other guy told you with his insane "advice" to just ignore the lawsuit. I can't believe that guy still has his license. Or this guy may say he can help you fight the lawsuit for $1,000 - $1500. That's a 99% chance of a big old NO. The blueprints for this kind of case have been made by countless people on this board now. It is a very straight forward process. You file an answer and a Motion to Compel Arbitration and Midland slunks away. There is no magic cream you can rub on your feet to turn invisible and avoid court or filing the MTC. You have to do the process, but when you do, you win. Haha! Darn! Why can't there be a magic disappearing cream? Yes, and thank you. I think you're right and I'd be wasting a lot of time and money on a lawyer. I've been drafting my answer and plan to file it very soon. Not sure how to file an MTC, though. Do you know if there is some kind of template on this site? Quote Link to comment Share on other sites More sharing options...
nobk4me Posted February 6, 2019 Report Share Posted February 6, 2019 Look here for the best arb advice, including sample MTC: Quote Link to comment Share on other sites More sharing options...
MisterDan Posted February 7, 2019 Author Report Share Posted February 7, 2019 3 hours ago, nobk4me said: Look here for the best arb advice, including sample MTC: Awesome! Thank you! Quote Link to comment Share on other sites More sharing options...
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