fishlips

Midland and Synchrony. Need help with arb in Oregon

Recommended Posts

This week I finally got a knock on my door to be served for an Amazon card I neglected. Luckily I've been reading on this forum for several months and am going to attempt the arbitration strategy since my OC is Synchrony Bank. I'm having a hard time writing up the MTC and haven't found many examples for Oregon specifically despite my researching. I'll post copies of my answer and MTC as I write them for feedback. Thank you all so much in advance, I hope to be another defeat for Midland!

=================================================================================================

1. Who is the named plaintiff in the suit?

Midland Funding

 

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

Gordon, Aylworth and Tami

 

3. How much are you being sued for?

9XX.00

 

4. Who is the original creditor?

Amazon/Synchrony

 

5. How do you know you are being sued? 

Served a breach of contract complaint

 

6. How were you served? 

In person

 

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?

None

 

9. What state and county do you live in?

Oregon, Multnomah County

 

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

2017

 

11. When did you open the account (looking to establish what card agreement may be applicable)?

Quarter 3, 2015

 

12. What is the SOL on the debt? To find out:

6 years

 

13. What is the status of your case?

Open

 

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

No

 

15. Did you request debt validation before the suit was filed?

Yes.

16. 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?

30 days to respond (served August 19). Typical breach of contract complaints: 1. entered into contract, 2. OC supplied credit, 3. Defendant used account, 4. OC peformed obligations, 5. Contract breached, 6. Account charged off, 7. Balance due at time of charge off, 8. Interest rate, 9. JDB address, 10. JDB bought account and contract, 11. I owe the JDB balance, fees and interest.

 

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

The entire packet is the summons, the complaint, and the consumer debt disclosure. No evidence or anything.

 

============================================

I've read the entire arbitration thread from @fisthardcheese several times. 

My understanding so far is that I will need to file my answer, file my MTC (and proposed order) along with a card agreement and notarized affidavit, and send copies of both to Midlands attorney CMRRR as well as the certificate of service. Is this correct? I'm trying to find the rules for Multnomah County court and I'm having difficulty finding the section about PRIVATE arbitration versus the mandatory arbitration we have in Oregon. I'll add drafts of my answer, MTC and any other questions as I go along. Thanks!

@Harry Seaward @BV80 @Intensivefire

  •  

 

Share this post


Link to post
Share on other sites

Another question: Do I want the CC agreement from the date I opened the card or the date of the last payment to the card? If the interest amount is different on the card agreement I find in the database versus the rate mentioned in the complaint will that affect anything? Nevermind! Found the answer to this that I do need the agreement when the account defaulted! Thanks!

Share this post


Link to post
Share on other sites

Looking at the sample MTCs... I see this: 

"4. The parties are bound by the Credit Card Agreement. The Arbitration Agreement states among other things:

(a) YOU AND WE AGREE THAT EITHER YOU OR WE MAY, AT EITHER PARTY’S SOLE ELECTION REQUIRE THAT ANY CLAIM BE RESOLVED BY BINDING PRIVATE ARBITRATION.

(b) IF YOU OR WE ELECT PRIVATE ARBITRATION OF A CLAIM, NEITHER YOU NOR WE WILL HAVE THE RIGHT TO PURSUE THAT CLAIM IN COURT OR BEFORE A JUDGE OR JURY.

(c) YOU OR WE MAY ELECT ARBITRATION UNDER THIS ARBITRATION PROVISION WITH RESPECT TO ANY CLAIM, EVEN IF THE CLAIM IS PART OF A LAWSUIT BROUGHT IN COURT. YOU OR WE MAY MAKE A MOTION OR REQUEST IN COURT TO COMPEL PRIVATE ARBITRATION OF ANY CLAIM BROUGHT AS PART OF ANY LAWSUIT

(d) CLAIM MEANS ANY CLAIM, CONTROVERSY OR DISPUTE OF ANY KIND OR NATURE BETWEEN YOU AND US.

(e) THIS ARBITRATION PROVISION IS MADE PURSUANT TO A TRANSACTION INVOLVING INTERSTATE COMMERCE AND SHALL BE GOVERNED BY AND ENFORCEABLE UNDER THE FEDERAL ARBITRATION ACT."

 

My card agreement does not contain these terms, Synchrony card agreement for Amazon Q3, 2016. What would I be citing as evidence for arbitration in my card agreement? I've attached the agreement. Help!


 

Amazon CC agreement.pdf

Share this post


Link to post
Share on other sites

@fishlips

The Oregon Supreme Court recognizes that “questions of arbitrability must be addressed with a healthy regard for the federal policy favoring arbitration," and "any doubts concerning the scope of arbitrable issues should be resolved in favor of arbitration[.]" Industra/Matrix Joint Venture v. Pope & Talbot, Inc., 142 P.3d 1044, 1050 (Or. 2006)(citing Moses H. Cone Hospital v. Mercury Constr. Corp.,460 US 1, 24-25, 103 S Ct 927, 74 L Ed 2d 765 (1983)).

  • Like 1

Share this post


Link to post
Share on other sites

From my understanding all you need to do is answer the complaint and in it stating that you will be seeking arbitration and then file the MTC. Once you do they should dismiss the case especially since your amount is much less than mine.

Edit: Just realized you've been served by the same firm as me. They are just counting on you not answering to win. File your answer ASAP at the very least if your MTC isn't ready yet.

Share this post


Link to post
Share on other sites

Thanks @BV80! I'll add that in there!

@Intensivefire did you use something similar to the MTC template on the forum? Thank you guys for the help! If anyone could help me interpret the arbitration clause I posted in my agreement above that'd be great! 

Share this post


Link to post
Share on other sites

This is the one i used for my case, it talks about the arbitration on the last page. It states that if you ask they will pay the arbitration which is what they dont want.

As for the MTC, i believe i used a template i found online. I will see if i can find the one i made tomorrow and send it to you.

Synchrony Bank Amazon.com Store Card Account Agreement and Pricing Information.pdf

Share this post


Link to post
Share on other sites

I finally finished everything! Answer, MTC, arbitration demand, proposed order, certificate of service, and affidavit with cc agreement. 

According to the oregon format rules each page must have the page number as well as the title of the document in the footer. For some reason my printer keeps cutting off half of the footer so I guess I'll be heading to the library. I'll update this thread as the case progresses. Thank you everyone! 

 

Ps @Intensivefire did you need to set a hearing date for the motion? I can't find anything about that for my county, I was wondering if maybe it's a statewide rule or not? 

Share this post


Link to post
Share on other sites

Little update! I got everything filed with the courts but they sent me some paperwork. They need a certificate of readiness to continue with the MTC; after looking through the paperwork they sent me I have one drafted up with the proposed order as required. According to the rules, some proposed orders have to be sent to the opposing attorney 7 days before submitting to the court so they have time to make objections. Do I need to do that in this case? It says ex parte documents can be submitted without 7 day service to the other side. Just making sure I can efile this now and move forward. Thanks so much! 

@Intensivefire did you need to do this too? 

Share this post


Link to post
Share on other sites
1 hour ago, fishlips said:

Little update! I got everything filed with the courts but they sent me some paperwork. They need a certificate of readiness to continue with the MTC; after looking through the paperwork they sent me I have one drafted up with the proposed order as required. According to the rules, some proposed orders have to be sent to the opposing attorney 7 days before submitting to the court so they have time to make objections. Do I need to do that in this case? It says ex parte documents can be submitted without 7 day service to the other side. Just making sure I can efile this now and move forward. Thanks so much! 

@Intensivefire did you need to do this too? 

Honestly all i did was turn in the answer, MTC, credit card contract and an affidavit to the court and sent a copy to the attorney. A few days later they dismissed the case. But FYI yesterday i was served again by Midland from the same attorney, they dismiss cases without prejudice. 

Share this post


Link to post
Share on other sites

I received a dismissal without prejudice for this case! It has been officially filed and I'm done worrying about this... Unless they come back again! Fingers crossed. I of course was hoping for a dismissal with prejudice but I decided it's best not to poke the bear.

They called once to ask if I wanted to settle this account and another of mine they have. I stated I wanted to pursue private arbitration NOT settle and received the dismissal a week later. 

Thank you so much to everyone on this board that helped me or any of us in general! A few months ago I had no idea what arbitration was, how slow and picky the court process is, and that I could win this. I probably would've been overwhelmed by the complaint alone and gotten a default judgment so thank you from the bottom of my heart to the folks here on this board! 

For those of you in Oregon, CHECK YOUR COUNTY TO SEE IF YOU NEED A CERTIFICATE OF READINESS BEFORE YOU FILE YOUR PROPOSED ORDER! 

You need to send the plaintiffs attorney a copy of your MTC along with a notice of the proposed order then wait 7 days before filing your PO in case they have objections. Send this CMRRR then 7 days from the date they received it, fill out your certificate of readiness and file your proposed order with it. You can efile the certificate and PO. Hope this helps someone else as I had no idea this was a thing here! 

Thanks everyone and @BV80 @fisthardcheese! And good luck with the case reboot @Intensivefire

  • Like 2

Share this post


Link to post
Share on other sites

Congratulations!  Good job! 👍👏

Thank you for the update and the important information for OR posters.  We appreciate it.  😃

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.