Neveragain02

Oregon anyone? My first step (intent to file)

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Board: a back up story:

Got sued by BOA (Original Creditor) using local debt lawyers to sue me. I do not want to mention their name to many times as for privacy reasons- incase they have anyone snooping around these boards.  I will take any feedback- will send this letter 5 days before my default date.

B Intent to appear; notice of intent to apply for an order of default.

B(1) For the purposes of avoiding a default, a party may provide written notice of intent to file an appearance to a plaintiff, counterclaimant, or cross-claimant.

B(2) If the party against whom an order of default is sought has filed an appearance in the action, or has provided written notice of intent to file an appearance, then notice of the intent to apply for an order of default must be filed and served at least 10 days, unless shortened by the court, prior to applying for the order of default. The notice of intent to apply for an order of default cannot be served before the time required by Rule 7 C(2) or other applicable rule or statute has expired. The notice of intent to apply for an order of default must be in the form prescribed by Uniform Trial Court Rule 2.010 and must be filed with the court and served on the party against whom an order of default is sought

 

 

Via First-Class Mail and Email to: x

 

x

x

x

 

Re: x, N.A. vs. x, x County Circuit Court No. xxxxxxx

 

ORCP 69 NOTICE OF INTENT TO APPEAR

 

Dear Mr. x,

 

This letter is to provide notice under Oregon Rules of Civil Procedure 69B that I am providing written notice of intent to file appearance to the plaintiff in the above-referenced case, requesting at least 10 days’ written notice of intent to file default under ORCP 69B(2). 

 

This letter will also serve as a request that you amend your complaint to make it more definite and certain by providing me with a copy of the contract to which you are referencing in the complaint.  If you give me a notice of intent to take default then I will be filing a motion in Washington county to require the amendment of the complaint. I am also requesting you consolidate both of the matters pending currently against me. Matter xxxx and xxxx.

 

Attached to this ORCP 69 notice of intent to appear, you will also find attached production of documents request.

 

This letter is a written communication being sent via email to ______ and being mailed via first-class mail through the United States Postal Service on the date set forth below to the following address:

 

 

x

x

x

 

Dated this x ____, 2021            

           

 

                                                                                                _________________________

x

x

x

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Hello, I am fighting them. Yes it OC- however I choose to fight all the way. So with my Notice of intent to appear - I also will be sending them this following items

 

1. Notice of intent with > Production of documents

2. If they give me a notice of intent to take default then I will be filing a motion in Washington county to require the amendment of the complaint> then I will be filing a motion to consolidate >have to pay both of my response fees

3. then once is done as I do not want to engage in their complaint as the complaint was filed with no contract, default date, or  anything. I will request a motion to make plaintiff amend their complaint > 

4. Once motion is amend> then I will file my answer/defense and count suite 

 

 

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Feel free to chime in anyone- any assistance is very appreciated

 

 

 

 

 

 

 

IN THE CIRCUIT COURT OF THE STATE OF OREGON

FOR WASHINGTON COUNTY

x

 

                                    Plaintiff,

vs.

x

                                    Defendant.

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NO: x

 

 

 

 

DEFENDANT’S REQUEST FOR PRODUCTION OF DOCUMENTS

 

 

 

         Pursuant to Rule 43 of Oregon Rules of Civil Procedure, the Defendant xx hereby requests that the Plaintiff ,xx , produce the following documents in connections with this matter. If objections are made, please state the reason for the objection. If denying the matter, please set forth in detail the reasons why the answering party cannot produce such documentation.

 

For the purpose of this Request, the following definitions shall apply: “Agreement” shall refer to the alleged terms and conditions calling for the repayment of funds underlying this cause of action. “Creditor” shall refer to the parties past or present authorized to collect on the subject debt. “Debt” shall refer to the alleged monies owed in connection with this cause of action. “Defendant” shall refer to the party being sued in this action. “Document” includes any written, recorded, electronic, or graphic matter, however produced or reproduced, that is or was ever in the possession, custody, or control of the Creditor. “Document” includes the originals and all drafts and copies which differ in any respect from the original. “Document” includes all of the above materials, whether privileged or not. If any of the documents designated below are withheld on the grounds of privilege or work product, such document should be identified by author, recipient, date, and nature of the document. With respect to any document designated below which was once, but is no longer, in the Creditor’s possession, custody, or control, please indicate the date the document ceased to be in the Creditor’s possession, custody, or control, the manner in which it ceased, and the name and address of its present custodian. If the document is responsive to more than one request, it need be produced only once, but the written response should identify all the requests to which it is responsive

 

                                    DOCUMENTS TO BE PRODUCED

 

 

1. Please provide the actual credit card contract upon which your complaint is based on.

2.     Please provide a contract, agreement, assignment, or other means of demonstrating that Plaintiff has the authority and was legally entitled to collect on the alleged debt.

3.     Please provide evidence/proof of the Defendant’s alleged debt to Plaintiffs, including specifically the alleged contract, between the Plaintiff and Defendant or any other instruments constructed solely for the purpose of creating a loan agreement between the Plaintiff and Defendant bearing Defendant’s signature and/or Please produce the contract that legally requires the Defendant to pay the amount entered into the complaint.

4.     Please provide the original or copy of the account agreement that states interest rate, grace period, fiancé charges, assignment and specifically the State Laws that agreement and account are governed plus other important facts.

5.     Please provide copies of the amount paid and/or the consideration due for the alleged contract/account.

6.     Please provide evidence of authorization of plaintiff to do business, create loans, issue or extend credit, collect debts, and/or operate in the state where the Plaintiff conducts their business.

7.     Please provide evidence of authorization of Plaintiff & Attorney to do business, create loans, issue or extend credit, collect debts and/or operate as a financial business in the State of Oregon.

8.     Please provide a document or document(s) that prove you did send the Defendant a notification of assignment of the account or assignment of rights.

9.     Please attach any and all notices sent to Defendant by plaintiff in regards to this alleged account demanding payment.

10.  Please attach copies of all statements generated while this alleged account was open with Plaintiff.

11.   Please provide copies of any written communications between Plaintiff and Defendant, including but not limited to communications concerning loan forbearance, loss mitigation, or hardship modification and disputes over the alleged account.

12.  Please provide all documents describing, relating to, referring to, or concerning communications between Plaintiff and Defendants, including but not limited to communications concerning loan forbearance, loss mitigation, or hardship modification and disputes over the alleged account.

13.  Please provide the original dunning letter that was sent to Defendant.

14.  Please provide all documents relating to any communications between Plaintiff and Defendant with respect to the alleged account.

15.   Please attach any and all notices sent to Defendant by Plaintiff announcing changes in the Defendant’s debt and the dates of each such report.

16.  Please provide any and all notes, memoranda, or likewise, be they handwritten, computerized, or typed, regularly kept in the normal transaction and business of collecting debts, that relate to the Defendant and/or Account.

17.  Please Identify each Credit Reporting Agency (Credit Bureau) to which the Plaintiff reported Defendant’s debt and the dates of each such report.

18.  Please attach any and all notices sent to Defendant by Plaintiff in regards to account announcing transfer and/or assignment of credit card account from Plaintiff to any collect agency or collection attorney.

19.  Please attach a complete and accurate history of the interest charged on this alleged account with Plaintiff. Show the exact dates those interest rates changed and list the various rates that were charged during this debt and the exact method of amortization.

20.  Please attach any and all notices sent to Defendant by Plaintiff announcing changes in the Defendant’s debt and the dates of each such report.

21.    Please provide all documents contained in any file maintained by the Plaintiff regarding the Defendant that are relevant to the allegations that form the basis of the Plaintiff allegations in this action.

22.  Please provide any and all documents relating to the service of process of any notice of default, Summons or Complaint.

23.  Please attach any and all notices sent to Defendant by Plaintiff in regards to account announcing transfer and/or assignment of credit card account from Plaintiff to any collect agency or collection attorney.

24.  Please provide all documents the Plaintiff intends to introduce as evidence at the trial in this action.

25.   Please provide all reports or statements of potential witnesses that the defendant violated the terms of any agreement.

26.  Please provide any and all documents, statements, reports, notes, or any other documents that support or dispute the substance of the evidence the Plaintiff intends to offer at trial.

27.  Please attach a copy of the agreement with Plaintiff that grants x, P.S the authority to collect this alleged debt.

                                    CERTIFICATE OF SERVICES

I hereby certify that a copy of the foregoing was mailed on the 25th day of February, 2021

                       x

                                                            Attorney and Counselor at Law

                                                           x

 

                                                ____________________________

                                                            Smith

                                                            Defendant Pro Se

 

                                   

 

 

 

 

 

 

 

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4 hours ago, Neveragain02 said:

2. If they send me intent to sue> then I will be filing a motion to motion to consolidate >have to pay both of my response fees

Is there another account for which you are being sued or are about to be sued?

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7 minutes ago, BV80 said:

Is there another account for which you are being sued or are about to be sued?

my error- see what I mean about needing help and slowing down

I have already been sued. 

I mean to say: If you give me a notice of intent to take default then I will be filing a motion in Washington county to require the amendment of the complaint

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6 minutes ago, Clydesmom said:

Are these credit cards, loans or both?

Hi Cyclemom- hope you have been well. 


Both are cc  and please keep in mind both are OC... I will attach the complaint for all to see

I see not much is available under> Oregon so I want anyone else (who might be luckier than me) if its a JDB to learn the rules and move across easier than me. 

I fully understand it is harder to fight OC however does not mean I will not to either get case dismissed, or settled based on offsett.

 

I am so thankful for you and BV80 to assist as much as you guy have.. 

 

Stay well.

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Then the first thing you need to do is start learning the rules of civil procedure for the court your case is filed in.  Especially regarding discovery.

Unlike Small Claims cases at your level follow ALL the rules.  If you lose you want it to be on the merits not a technicality.  The list of documents looks cut and pasted from multiple sources and quite frankly most of them duplicate each other.  Many courts limit how much you can ask for.  Some as few as 10.  You will do much better with 6-10 carefully worded requests for production of documents than that long rambling list you have now.  Much of that list also reads as though it is a JDB not an OC.  Your discovery should be in one motion including a request for admissions, interrogatories, and production of documents.  

If you file an answer and serve it on the Plaintiff properly they have no reason to seek a default judgment  Are you sure you are not confusing a default judgment with summary judgment?

What legal basis did they use in the complaint(s) as filed?

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36 minutes ago, Clydesmom said:

Then the first thing you need to do is start learning the rules of civil procedure for the court your case is filed in.  Especially regarding discovery.

Unlike Small Claims cases at your level follow ALL the rules.  If you lose you want it to be on the merits not a technicality.  The list of documents looks cut and pasted from multiple sources and quite frankly most of them duplicate each other.  Many courts limit how much you can ask for.  Some as few as 10.  You will do much better with 6-10 carefully worded requests for production of documents than that long rambling list you have now.  Much of that list also reads as though it is a JDB not an OC.  Your discovery should be in one motion including a request for admissions, interrogatories, and production of documents.  

If you file an answer and serve it on the Plaintiff properly they have no reason to seek a default judgment  Are you sure you are not confusing a default judgment with summary judgment?

What legal basis did they use in the complaint(s) as filed?

blank summons.pdf

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Thank you:

I agree with you on this and therefore why I am sharing everything before  I give anything to other party. This are all rough drafts. I will choose 10 tops so thank you for confirming my thoughts .

The list of documents looks cut and pasted from multiple sources and quite frankly most of them duplicate each other.  Many courts limit how much you can ask for.  Some as few as 10.  You will do much better with 6-10 carefully worded requests for production of documents than that long rambling list you have now.  Much of that list also reads as though it is a JDB not an OC.  Your discovery should be in one motion including a request for admissions, interrogatories, and production of documents.  

In Oregon I  get to send plaintiff's side a intent to file and plaintiff must send me a "intent to take default 10 days prior. With letter of intent/ I am sending production of documents.

Since I have two cases one for 11k and 14 both parties are the same> plaintiff are the same> I am filing a motion to joint

Then I am filing a motion to dismiss and amend per the fact that suit has no default date, card number, contract attached. (please see my attachment of what the suite alleges)

I will not allow them to take default against me even they  are a OC. This contract is governed by NC, and I will try to adopt their laws. 

Also please keep in mind BOA does NOT have JAMS, or arbitration clause. Only local ADR which is set up to always be against defendant

 

Thank you for your valuable feedback. 

 

 

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1 hour ago, Neveragain02 said:

This contract is governed by NC, and I will try to adopt their laws. 

You need to read this case from the OR Supreme Court.  Trying to adopt another state’s laws is not that easy.

https://scholar.google.com/scholar_case?case=5310244145556434477&q=PORTFOLIO+RECOVERY+ASSOCIATES+v.+Sanders&hl=en&as_sdt=4,38

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42 minutes ago, BV80 said:

You need to read this case from the OR Supreme Court.  Trying to adopt another state’s laws is not that easy.

https://scholar.google.com/scholar_case?case=5310244145556434477&q=PORTFOLIO+RECOVERY+ASSOCIATES+v.+Sanders&hl=en&as_sdt=4,38

Will do

brent knewston is actually a very good associate of mine.
He is not actively  nottaking any more "collection maters" and working mainly on BK .This federal cases are taking a" toll" on him.

 

Wish I could ask him for help, then I would be ashamed he knows my situation. Really do not want that.

I met him a a while when a friend of mine was sued by Gordon PC and he assisted her. She pushed the JDB to JAMS

and then right prior to to them paying JAMS she hired Brent for BK- and I am not sure what happened after that but Gordon PC dismissed their case

due to no movement.

 

 

Did you get a chance to look at the compliant filed by BOA against me?

 

 

 

 

 

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1 hour ago, Neveragain02 said:

Did you get a chance to look at the compliant filed by BOA against me?

It looks like a standard complaint.  When you prepare an answer, you could see if your rules allow you to answer allegations with “Defendant has insufficient information to admit or deny and, therefore, denies.”  That could suffice since they didn’t provide an account number or attach any documentation.  

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19 hours ago, Neveragain02 said:

Then I am filing a motion to dismiss and amend per the fact that suit has no default date, card number, contract attached. (please see my attachment of what the suite alleges)

My opinion:  DO NOT do this.  You need to research if they are required to state that in the complaint under OR law.  As for the contract:  the courts in every state know there is NO CONTRACT in a credit card case.  MOST courts do not require that supporting evidence be attached to the compliant.  That you must participate in discovery to get. They sued you on breach of contract.  The card terms and conditions combined with your use of the card/account and payment form the contract.  You breached when you defaulted.  The court will likely deny your motion and give them the opportunity to simply amend the complaint.  This is one big reason why you need to be learning the rules of civil procedure for your court before you file anything.  It is entirely possible that what you believe to be a bad filing is in fact issues to be tried in court and not required in the complaint. The date of default is irrelevant unless you are asserting a statute of limitations defense.  

19 hours ago, Neveragain02 said:

I will not allow them to take default against me even they  are a OC.

Again, if you answer the suit they cannot file for default.  OR requires they give you 10 days notice of intent to file for a default judgment to give the Defendant the opportunity to answer the summons.  Even if they did file for default you have a gold plated defense if you answered the summons.  What they can file for is SUMMARY JUDGMENT.  That is based upon there are no disputed facts in the case as filed and therefore no need for a trial.  That you would need to file an opposition to

19 hours ago, Neveragain02 said:

Also please keep in mind BOA does NOT have JAMS, or arbitration clause. Only local ADR which is set up to always be against defendant

A bad case in court is equally bad in arbitration.  

20 hours ago, Neveragain02 said:

This contract is governed by NC, and I will try to adopt their laws. 

Not all states have a borrowing statute.  My brief search indicates that OR does not.  

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Hi Clydesomom-

Thank you for your response.  I can not afford an attorney but have met 3 for free to understand what they would do. All 3 had no idea I as seeking a second, or third opinion. All stated the following: 

" would recommend that a letter be sent on both cases establishing that I am representing x and that no Default can be entered without providing me a written 10 day notice.  They must comply with this request.  I would also be asking them to amend their complaint to make it more definite and certain by providing me with a copy of the contract which they are referencing in the complaint.  If they can't provide the contract or replead with the exact terms of the contract the case may be dismissed.  If they give me a notice of intent to take default I would then need a motion in Washington County to require the amendment of the complaint.  

 
In Oregon yes one must attach a contract, date of default and last 4 digit of account number. Neither of my suits have that. I can honesty say all 3 attorneys laughed at the letter and stated this does not meet the criteria of a lawsuit and would be dismissed if not amended.  
"

(b)Brings a legal action against a debtor or otherwise brings a legal action to attempt to collect a debt without possessing business records that satisfy the requirements of ORS 40.460 (Rule 803. Hearsay exceptions) (6), or of ORS 24.115 (Filing of foreign judgment), if the record is a foreign judgment, that establish the nature and the amount of the debt and that include:

(A)The original creditors name, written as the original creditor used the name in dealings with the debtor;

(B)The name and address of the debtor;

(C)The name, address and telephone number of the person that owns the debt and a statement as to whether the person is a debt buyer;

(D)The last four digits of the original creditors account number for the debt, if the original creditors account number for the debt had four or more digits;

(E)A detailed and itemized statement of:

(i)The amount the debtor last paid on the debt, if the debtor made a payment, and the date of the payment;

(ii)The amount and date of the debtors last payment on the debt before the debtor defaulted or before the debt became charged-off debt;

(iii) The balance due on the debt on the date on which the debt became charged-off debt;

(iv)The amount and rate of interest, any fees and any charges that the original creditor imposed, if the debt buyer or debt collector knows the amount, rate, fee or charge;

(v)The amount and rate of interest, any fees and any charges that the debt buyer or any previous owner of the debt imposed, if the debt buyer or debt collector knows the amount, rate, fee or charge;

(vi)The attorney fees the debt buyer or debt collector seeks, if the debt buyer or debt collector expects to recover attorney fees; and

(vii) Any other fee, cost or charge the debt buyer seeks to recover;

(F)Evidence that the debt buyer and only the debt buyer owns the debt;

(G)The date on which the debt buyer purchased the debt; and

(H)A copy of the agreement between the original creditor and the debtor that is either:

(i)The contract or other writing the debtor signed that created and is evidence of the original debt; or

(ii)A copy of the most recent monthly statement that shows a purchase transaction or balance transfer or the debtors last payment, if the debtor made a payment, if the debt is a credit card debt or other debt for which a contract or other writing that is evidence of the debt does not exist;

(c)Fails to provide to a debtor, after the debt buyer or debt collector receives payment in cash or the debtor requests the receipt, a receipt that:

(A)Shows the name of the creditor or creditors for whom the debt buyer or debt collector received the payment and, if the creditor is not the original creditor, the account number that the original creditor assigned; and

(B)States clearly whether the debt buyer or debt collector accepts the payment as payment in full or as a full and final compromise of the debt and, if not, the balance remaining on the debt after the payment;

(d)Collects or attempts to collect a debt before providing, in response to a debtors request, the documents required under paragraph (b) of this subsection. A debt buyer or a debt collector that acts on the debt buyers behalf does not engage in an unlawful collection practice under this paragraph if the debt buyer or debt collector collects or attempts to collect a debt after providing the required documents to the debtor; or

(e)Uses any direct or indirect action, conduct or practice to violate a provision of this section or ORS 646A.670 (Legal action to collect debt).

 

 

 

 

 

 

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So far this is what I have learned. 

1. If you want a motion to amend it must be filed before an answer can be filed. 

ORCP 21_D

Motion must be made before answer can be given otherwise a lawsuit has been engaged 

Motion to make more definite and certain. Upon motion made by a party before responding to a pleading, or if no responsive pleading is permitted by these rules upon motion by a party within 10 days after service of the pleading, or upon the court’s own initiative at any time, the court may require the pleading to be made definite and certain by amendment when the allegations of a pleading are so indefinite or uncertain that the precise nature of the charge, defense, or reply is not apparent. If the motion is granted and the order of the court is not obeyed within 10 days after service of the order or within such other time as the court may fix, the court may strike the pleading to which the motion was directed or make such order as it deems just.

https://oregoncivpro.com/orcp-21-defenses-and-objections-how-presented-by-pleading-or-motion-motion-for-judgment-on-the-pleadings/

Since I have received 2 lawsuits I will be filing a motion under ORCP 53A (Motion to consolidate). Prior to filing this motion I must sent a plaintiff's attorney a request to ask him to combine both cases. Once I have asked and they do not agree then I file a motion and then I can request refund on my second case if Judge agrees to the motion.  If I can prove to the Judge the Plaintiff and defendant and matter is the same then a joint case can be made. 

A Joint hearing or trial; consolidation of actions. Upon motion of any party, when more than one action involving a common question of law or fact is pending before the court, the court may order a joint hearing or trial of any or all of the matters in issue in such actions; the court may order all such actions consolidated; and it may make such orders concerning proceedings therein as may tend to avoid unnecessary costs or delay.

 

I know I am jumping all around here- so this is my letter that is going to Plaintiffs attorney on Monday along with production of document I am working on. 

CONFERRAL IS REQUIRED PRIOR TO FILING A DISCOVERY MOTION

https://s3-us-west-2.amazonaws.com/oregonstatebar/Seminars/2018/MP18-3.pdf

 

 

Via First-Class Mail and Email to: x

 

x

x

x

 

Re: xxx, N.A. vs. xxxx, Washington County Circuit Court No. xxxxxx

 

ORCP 69 NOTICE OF INTENT TO APPEAR

 

Dear Mr. x,

 

This letter is to provide notice under Oregon Rules of Civil Procedure 69B that I am providing written notice of intent to file appearance to the plaintiff in the above-referenced case, requesting at least 10 days’ written notice of intent to file default under ORCP 69B(2). 

 

This letter will also serve as a request that you provide me with a copy of the contract to which you are referencing in the complaint(s). I would also request since you have filed two complaints (x8 and x against me which both of the complaints reference the same Plaintiff and Defendant and same matter that you joint both cases together. This is an action that is identical to another action brought in the instant court under a different case number which is brought for none other than the purpose of increasing the costs of legalities associated with the instant matter. This request would be per pursuant to ORCP 53 A.

 

Also please note if you give me a notice of intent to take default then I will be filing a motion in Washington county for Plaintiffs to amend their claim to make it definite and certain pursuant to ORCP 21D.

 

Attached to this ORCP 69 notice of intent to appear, you will also find attached production of documents request.

 

This letter is a written communication being sent via email to and being mailed via first-class mail through the United States Postal Service on the date set forth below to the following address:

 

 

x

x

x

 

Dated this March ____, 2021            

           

 

                                                                                                _________________________

x

x

x

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41 minutes ago, Neveragain02 said:

 

Hi Clydesomom-

Thank you for your response.  I can not afford an attorney but have met 3 for free to understand what they would do. All 3 had no idea I as seeking a second, or third opinion. All stated the following: 

" would recommend that a letter be sent on both cases establishing that I am representing x and that no Default can be entered without providing me a written 10 day notice.  They must comply with this request.  I would also be asking them to amend their complaint to make it more definite and certain by providing me with a copy of the contract which they are referencing in the complaint.  If they can't provide the contract or replead with the exact terms of the contract the case may be dismissed.  If they give me a notice of intent to take default I would then need a motion in Washington County to require the amendment of the complaint.  

 
In Oregon yes one must attach a contract, date of default and last 4 digit of account number. Neither of my suits have that. I can honesty say all 3 attorneys laughed at the letter and stated this does not meet the criteria of a lawsuit and would be dismissed if not amended.  
"

(b)Brings a legal action against a debtor or otherwise brings a legal action to attempt to collect a debt without possessing business records that satisfy the requirements of ORS 40.460 (Rule 803. Hearsay exceptions) (6), or of ORS 24.115 (Filing of foreign judgment), if the record is a foreign judgment, that establish the nature and the amount of the debt and that include:

(A)The original creditors name, written as the original creditor used the name in dealings with the debtor;

(B)The name and address of the debtor;

(C)The name, address and telephone number of the person that owns the debt and a statement as to whether the person is a debt buyer;

(D)The last four digits of the original creditors account number for the debt, if the original creditors account number for the debt had four or more digits;

(E)A detailed and itemized statement of:

(i)The amount the debtor last paid on the debt, if the debtor made a payment, and the date of the payment;

(ii)The amount and date of the debtors last payment on the debt before the debtor defaulted or before the debt became charged-off debt;

(iii) The balance due on the debt on the date on which the debt became charged-off debt;

(iv)The amount and rate of interest, any fees and any charges that the original creditor imposed, if the debt buyer or debt collector knows the amount, rate, fee or charge;

(v)The amount and rate of interest, any fees and any charges that the debt buyer or any previous owner of the debt imposed, if the debt buyer or debt collector knows the amount, rate, fee or charge;

(vi)The attorney fees the debt buyer or debt collector seeks, if the debt buyer or debt collector expects to recover attorney fees; and

(vii) Any other fee, cost or charge the debt buyer seeks to recover;

(F)Evidence that the debt buyer and only the debt buyer owns the debt;

(G)The date on which the debt buyer purchased the debt; and

(H)A copy of the agreement between the original creditor and the debtor that is either:

(i)The contract or other writing the debtor signed that created and is evidence of the original debt; or

(ii)A copy of the most recent monthly statement that shows a purchase transaction or balance transfer or the debtors last payment, if the debtor made a payment, if the debt is a credit card debt or other debt for which a contract or other writing that is evidence of the debt does not exist;

(c)Fails to provide to a debtor, after the debt buyer or debt collector receives payment in cash or the debtor requests the receipt, a receipt that:

(A)Shows the name of the creditor or creditors for whom the debt buyer or debt collector received the payment and, if the creditor is not the original creditor, the account number that the original creditor assigned; and

(B)States clearly whether the debt buyer or debt collector accepts the payment as payment in full or as a full and final compromise of the debt and, if not, the balance remaining on the debt after the payment;

(d)Collects or attempts to collect a debt before providing, in response to a debtors request, the documents required under paragraph (b) of this subsection. A debt buyer or a debt collector that acts on the debt buyers behalf does not engage in an unlawful collection practice under this paragraph if the debt buyer or debt collector collects or attempts to collect a debt after providing the required documents to the debtor; or

(e)Uses any direct or indirect action, conduct or practice to violate a provision of this section or ORS 646A.670 (Legal action to collect debt).

 

 

 

 

 

 

This is how that section starts:

(4) A debt buyer or debt collector acting on behalf of a debt buyer engages in an unlawful collection practice if the debt buyer or debt collector:

That section applies to debt buyers and debt collectors acting on behalf of debt buyers.  An OC is not a debt buyer.

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26 minutes ago, BV80 said:

That section applies to debt collectors and debt buyers.  An OC is not a debt collector or debt buyer.

I have been advised the original Creditors are held to a higher standard and should have more info to attach

for example my suit does not have last 4 digit of card number . I have had over 10+ cards with them have paid them all off- how can I truly say I know what card they are talking about? It is no my job to volunteer info to them, it is their job to provide those answers. As well the two cards in questions do not have the same number on my credit Bureau. I can not ID those cards and do not know where those last 4 digits are coming from. 

 

I have emailed a friend- and will copy and past what he says. He is an attorney but not a debt attorney. I will confirm the finding to you 

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2 minutes ago, Neveragain02 said:

I have been advised the original Creditors are held to a higher standard and should have more info to attach

for example my suit does not have last 4 digit of card number . I have had over 10+ cards with them have paid them all off- how can I truly say I know what card they are talking about? It is no my job to volunteer info to them, it is their job to provide those answers. As well the two cards in questions do not have the same number on my credit Bureau. I can not ID those cards and do not know where those last 4 digits are coming from. 

 

I have emailed a friend- and will copy and past what he says. He is an attorney but not a debt attorney. I will confirm the finding to you 

Do your rules require documentation to be attached to the complaint?

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5 minutes ago, BV80 said:

Do your rules require documentation to be attached to the complaint?

My friend from what the attorneys are saying yes... this was from a attorney here in Oregon. Wanted 1k to send a letter of intent. I could not afford him. 

from his website. 

https://rankkarneslaw.com/bankruptcy-services-help/credit-card-defense/

 

Did you know?

Credit card companies thrive on fear and don’t want you to know your own rights. A little information will go a long way in helping empower you to act. Here’s a few things they don’t want you to know.

  • An Oregon attorney can temporarily stop the default clock with just a phone call and letter without even filing a response with the Court or you even paying a filing fee. (ORCP 69A)
  • Most credit card company lawyers “sue blind” with no credit card contract attached to the legal papers or any details about your account such as dates because so few people get a lawyer and fight back. (Do you see a fine print credit card contract attached?)
  • The credit card company must prove their case before a judge or jury or you automatically win.
  • The company must produce a live witness at any trial to explain all the credit card documents or they cannot become evidence against you. (Establish a foundation and not be hearsay)
  • In many cases the credit card company, collection agency or debt purchaser no longer has your original contract or even the monthly statements with all itemized charges.
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5 minutes ago, Neveragain02 said:

My friend from what the attorneys are saying yes... this was from a attorney here in Oregon. Wanted 1k to send a letter of intent. I could not afford him. 

from his website. 

https://rankkarneslaw.com/bankruptcy-services-help/credit-card-defense/

 

Did you know?

Credit card companies thrive on fear and don’t want you to know your own rights. A little information will go a long way in helping empower you to act. Here’s a few things they don’t want you to know.

  • An Oregon attorney can temporarily stop the default clock with just a phone call and letter without even filing a response with the Court or you even paying a filing fee. (ORCP 69A)
  • Most credit card company lawyers “sue blind” with no credit card contract attached to the legal papers or any details about your account such as dates because so few people get a lawyer and fight back. (Do you see a fine print credit card contract attached?)
  • The credit card company must prove their case before a judge or jury or you automatically win.
  • The company must produce a live witness at any trial to explain all the credit card documents or they cannot become evidence against you. (Establish a foundation and not be hearsay)
  • In many cases the credit card company, collection agency or debt purchaser no longer has your original contract or even the monthly statements with all itemized charges.

That information doesn’t say that documentation must be attached to the complaint.  If the rules don’t require it, then that is the purpose of discovery.  Discovery is where you request documentation.  

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