fishlips

Need help answering summons and requesting DV

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It seems since I have started my journey rebuilding my credit, I've awakened some beasts! Any help would be greatly appreciated.

May 7th while I was at work my roommate received a summons at the door for me from Nelson & Kennard representing Bank of America. A few days later, I received in the mail a receipt that I had been served, a copy of the summons and a copy of the complaint. The summons (Multnomah County, Oregon) is for a breach of contract, amount claimed $3k, and subject to mandatory arbitration. The DOFD is 11/2017 so I am still well within the statute of limitations. There is no court date; in order to "appear" it says I need to file a motion or answer within 30 days. I'm calling the court today to ask what that entails and also asking you great folks! Do I have forms to fill out or do I write up my own answer? Any direction with this would be great as I can't afford a lawyer and I figure I'm going to negotiate a settlement with them for a payment plan but I need to avoid the default judgement. If you settle for less than the amount, will they still do payments? What should I do??

Also, Midland owns 2 accounts that my OC is synchrony bank. After sending them a settlement offer which was apparently just put into the computer as a dispute, I received in the mail (the day after my summons was served lol) a notice from the firm Gordon, Aylworth, and Tami P.C. that they had retained my account on behalf of midland. "At this time, no attorney has personally reviewed the particular circumstances of your account." In the letter it says if I notify the office within 30 days they will obtain verification of the debt or a copy of the judgement and send it to me. My plan with both of my midland accounts since the OC is synchrony is to elect for the arbitration process but in the meantime, what is the best course of action? I'm going to send a DV (any good templates I can be pointed to?) but what else? This debt is only for $830 so I can't imagine Midland will be wanting to pay this firm very long if I can drag out the process a little bit. Thoughts? 

Thanks a bunch ya'll! After reading this forum and working on paying things off in the correct manner, my score has increased about 20 points across the 3 CRAs since January. Just got to work on getting these baddies taken care of!

 

Cheers!

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I wouldn't bother with a DV. They'll respond with the required info (which isn't much, really) and the only real gain will be on their end to know they reached a live person.

Your best bet on the BofA account is going to be trying to reach a settlement before they garnish/levy.

For now arbitration is probably your best bet on the two Midland accounts if you do get sued. Just lay low and hope you don't get sued. 

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@Harry Seaward

How do I answer? I know I need to file it at the courthouse but there was no questionnaire or anything included with what I was served with; just the summons and a complaint. I couldn't find any information on the Multnomah county website either. Do I type it up myself? And deny everything correct? 

Also, when is the point I offer a settlement amount? Right after I file my answer? How much is an appropriate percentage? 

Thanks! 

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4 minutes ago, fishlips said:

Do I type it up myself? And deny everything correct? 

Yes, and yes. Usually you have to deny each paragraph specifically. 

4 minutes ago, fishlips said:

Also, when is the point I offer a settlement amount? Right after I file my answer? How much is an appropriate percentage? 

Yes, after your answer, or before. It doesn't make much difference since they've already spent the money suing you. I'd start at 35% but expect to pay around 75%.

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@Harry Seaward

Alright I'll research examples on here of answers. The summons does not contain any paragraphs to refute. The complaint though is separated into six sections:

1. Plaintiff is Bank of America.

2. Defendant is me and my last address is in Multnomah County. 

3. At D's request, P issued me a card with account number XXXXX. 

4. P has performed each and every condition precedent on its part to establish liability on the part of the defendant. 

5. D accepted and used credit. P provided monthly statements. As of 4/30/2018 D's account balance was $3k.

6. Despite demand for payment, D has refused or failed to pay account balance and as a result D now owes P the principal sum of $3k.

Wherefore, bank of America requests the following relief :

1. Judgement for $3k for breach of contract

2. An award of its costs and disembursements incurred herein and dated March 4, 2019.

 

So for the answer what do I deny? 5 and 6? Also, I know there is a filing fee but is this going to get more expensive? Should I find a fee waiver form? Learning this as I go! Thanks

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I would deny 3, 4, 5 and 6 as "without knowledge and information". Each jurisdiction sets their fees. Most of the time it's a one time fee for an answer and then no charge for anything else. Other jurisdictions charge for the answer and each motion/additional filing. Google court filing fees for the court you're being sued in. 

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@Harry Seaward or @fisthardcheese or anyone else:

I'm heading to the courthouse today to file my answer. Any recommendations to my attached answer? (Except at the end I'll provide a place to sign it, I just realized I didn't!) 

I'm also printing out the fee waiver form, the certificate of service, and a mailing cover sheet for the copy of the answer I'll be sending to Nelson and Kennard. All bases covered I hope.

 

Also, I received a second letter from Gordon, Aylworth, & Tami P.C. regarding my other accounts. It seems the same law office picked up my Synchrony Amazon and Walmart accounts from Midland. You really think I shouldn't bother sending them a DV? Is there any chance they don't have the information since MCM is a JDB? I feel like its worth a shot since the same law office got my 2 accounts, I doubt they'll do nothing. Thank you!

CIC1.pdf

BOA answerCIC2.pdf

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On 5/17/2019 at 2:48 PM, fishlips said:

This debt is only for $830 so I can't imagine Midland will be wanting to pay this firm very long if I can drag out the process a little bit. Thoughts? 

These things are all handled on fixed-fee contracts, so Midland doesn't pay any more, no matter how long it's drawn out.

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@Goody_Ouchless

Didn't think of that, that makes sense. If they serve me I'll file a motion for arbitration. Maybe sending a dv would get me a little more time to deal with my other settlement before taking on all 3 at once? 

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1 hour ago, fishlips said:

Maybe sending a dv would get me a little more time

Only as much time as it takes your letter to reach them, and their response to come back. That could logistically happen within the same Mon-Fri business week. Validating a debt is literally "yep, it's what we said it is".

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@Harry Seaward

I filed my answer and sent their copy CMRR, haven't received the receipt yet. I'm going to start settlement negotiations and had a few questions. Is it best to call them with an offer prepared or ask them what they sound be willing to settle for? Should this be a call/email or all written CMRR communication? Can asking for them to dismiss with prejudice be part of my terms? 

Thanks everyone for all you help thus far! Now I need to actually get my settlement done and start payments before I prepare to take on midland but have no idea what to expect in terms of settling. Also, my score has already gone up several points from this board! Thank you! 

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They already know the minimum they will accept. They won't tell you right out the gate what their minimum is, but offer them 30%-40% and see where it goes. 

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