Oregon Arbitration Question

[supergravy]

Hello!  I really appreciate all of the information on this website and have read the arbitration guideline multiple times.  As well as most of the threads on dealing with Midland.

I have reason to believe that I will be served soon for a debt with Midland that originated with Synchrony/Paypal.  I am wondering if any of you think that I will have any problems getting a judge to grant private arbitration with JAMS given that Oregon is a mandatory arbitration state? 

I have seen that OregonWhoops had some issues with the filing clerk while filing his MTC but am not sure how his case went.  I have also seen a couple of other Oregonians that appear to have been successful filing their MTC's but not sure if they were granted or not.  It appears that Midland dismissed the cases without prejudice in both of those examples.  I would prefer that my MTC is granted so that I can negotiate for a dismissal with prejudice.  I have a year to go in order to reach the SOL.  And that is uncertain as Oregon has tolled the SOL as long as the statewide emergency order is in effect.

One other question... For the agreement that I submit with the MTC should I be using an agreement dated near the time my debt was charged off?  Or is a current 2020 agreement better?  Both have the exact same arbitration language.

Thanks for any help!

 

[BV80]

15 hours ago, supergravy said:

Hello!  I really appreciate all of the information on this website and have read the arbitration guideline multiple times.  As well as most of the threads on dealing with Midland.

I have reason to believe that I will be served soon for a debt with Midland that originated with Synchrony/Paypal.  I am wondering if any of you think that I will have any problems getting a judge to grant private arbitration with JAMS given that Oregon is a mandatory arbitration state? 

I have seen that OregonWhoops had some issues with the filing clerk while filing his MTC but am not sure how his case went.  I have also seen a couple of other Oregonians that appear to have been successful filing their MTC's but not sure if they were granted or not.  It appears that Midland dismissed the cases without prejudice in both of those examples.  I would prefer that my MTC is granted so that I can negotiate for a dismissal with prejudice.  I have a year to go in order to reach the SOL.  And that is uncertain as Oregon has tolled the SOL as long as the statewide emergency order is in effect.

One other question... For the agreement that I submit with the MTC should I be using an agreement dated near the time my debt was charged off?  Or is a current 2020 agreement better?  Both have the exact same arbitration language.

Thanks for any help!

 

Mandatory arbitration as required by court rules has nothing to do with private, contractual arbitration.  That should not be an issue.

We cannot predict how a judge will rule.  It might be safe to say that some small claims court judges might not be at all familiar with private arbitration and may never have seen a MTC arbitration.  However, that does not mean they don’t understand contacts and court precedent.

You will need the agreement from the year the account went into default because that is the one that was in effect at the time of default.  

[supergravy]

Thank you for the reply BV80.  This helps put me at ease while I prepare and wait for Midland.  They are currently trying to serve me in a county that I have never lived in.  The only connection to that county is my elderly mother who lives there. Was astonishing and horrifying that she has already received a letter (addressed to me) from a debt relief attorney in the area. The letter stated that they were aware Midland was suing me and that I should call them for help. Seems like kind of a low-brow way to look for new business.

 

Thanks again!

[BV80]

1 hour ago, supergravy said:

Thank you for the reply BV80.  This helps put me at ease while I prepare and wait for Midland.  They are currently trying to serve me in a county that I have never lived in.  The only connection to that county is my elderly mother who lives there. Was astonishing and horrifying that she has already received a letter (addressed to me) from a debt relief attorney in the area. The letter stated that they were aware Midland was suing me and that I should call them for help. Seems like kind of a low-brow way to look for new business.

 

Thanks again!

Has a lawsuit already been filed in that county?

Did the original creditor send billing statements to your correct address?  If so, are you still currently at that address?

[supergravy]

Yes, a lawsuit has been filed in that (wrong) county with a request for service.  I am watching Oregon Judicial for any sign of proof of service, which should be impossible given that I am located elsewhere.

The original creditor has not sent me any correspondence since early 2016.  At that time it was sent to the correct address in Portland, OR (however I was going through separation and was actually physically residing in another state).  My ex wife would take pictures of the correspondence and text pictures to me.  Midland sued me at this address a few years back but was unable to serve me so the case was dismissed without prejudice.

I am currently residing at a new address, and in a new county.  I have been here for three years and have not received any correspondence related to debt since moving here.

Thanks again!

[supergravy]

I sometimes wonder if it wouldn't be for the best to just notify the attorneys that they have the wrong county.  If some form of Sewer Service occurred at the incorrect county I would need to file an answer. And assume there is a filing fee to do so.  As filings are expensive in Oregon I would like to keep them to a minimum.  Instead I have been hoping that they will be unable to serve and that the process would eat another 3 or 4 months off of the calendar.  I reach SOL in 12/21.

[supergravy]

Hello again! After some research about being sued in the wrong venue I have found that many courts consider it a FDCPA violation even before service is accomplished. In my case listed above they seem to be focused on my mothers address at a care facility. It is slightly embarrassing that she is receiving notices from debt relief attorneys noting that they are aware Midland is suing me.

I am not particularly interested in trying to collect money for this but I would like to put myself in the best standing possible if my case ever makes it to court or an arbitration hearing. Are there any steps that I should be taking to document this or benefit my case? I am wondering if perhaps I should go to the court and ask for a copy of the complaint?

Appreciate any wisdom that you can share.

[BV80]

6 hours ago, supergravy said:

Hello again! After some research about being sued in the wrong venue I have found that many courts consider it a FDCPA violation even before service is accomplished. In my case listed above they seem to be focused on my mothers address at a care facility. It is slightly embarrassing that she is receiving notices from debt relief attorneys noting that they are aware Midland is suing me.

I am not particularly interested in trying to collect money for this but I would like to put myself in the best standing possible if my case ever makes it to court or an arbitration hearing. Are there any steps that I should be taking to document this or benefit my case? I am wondering if perhaps I should go to the court and ask for a copy of the complaint?

Appreciate any wisdom that you can share.

Could you please cite some of the court cases that have ruled that it is a violation before service is accomplished?

And how are they focused on your mother’s address?

[supergravy]

As it turns out I only found one case where a lawsuit without service was found to be in violation. As such I won't be counting on a similar result for myself. And apologize for saying "many" cases last night.  The case was  Desfassiaux v. Blatt, Hasenmiller, Leibsker & Moore, LLC, 2015 WL 6798301 (N.D. Ill. Oct. 30, 2015)

I found the case at this blog: Illinois Federal Court Holds That Debt Collector May Have Violated… (riker.com)

I also could of used better language than "focusing on my mother".  I presume that the lawsuit was filed listing her address as mine. Attempting to serve me there could prove interesting as it is an assisted living facility that my mother is in. They have a Covid lockdown in place and won't let anyone past the front door. The staff there are unlikely to even know who I am as my mother uses a different last name. Anyhow, unfortunately she has already received four letters in the mail from various debt relief attorneys. They all state that they are aware that I am being sued by Midland. Nothing has come in the mail from the court. My mother is aware of my situation but I would really prefer that she wasn't getting all of these letters. Hoping they don't end up serving by mail, although that would put this into a clear FDCPA violation.  I have never lived, nor represented that I lived in that county. Not sure how they got my mother's address.

I will simmer down and keep watching my case on Oregon Judicial.