Neveragain02

Oregon anyone? My first step (intent to file)

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6 minutes ago, BV80 said:

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.  

Yes I am working on my discovery as well. They can not file summary judgment if we are in discovery. I plan on doing that after I ask for my two motions. once motions part are done I will then answer and jump into discovery.  Usually from the pattern  once you file an answer they immediately ask for a summary judgment.  my complaint says " no dispute in debt amount". However I sent a debt validation letter to their attorney via certified mail to which they did not respond. Not sure how they can state no dispute when in fact I had dispute in 12/21- and was sued on 2/15- 

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2 minutes ago, Neveragain02 said:

Yes I am working on my discovery as well. They can not file summary judgment if we are in discovery. I plan on doing that after I ask for my two motions. once motions part are done I will then answer and jump into discovery.  Usually from the pattern  once you file an answer they immediately ask for a summary judgment.  my complaint says " no dispute in debt amount". However I sent a debt validation letter to their attorney via certified mail to which they did not respond. Not sure how they can state no dispute when in fact I had dispute in 12/21- and was sued on 2/15- 

Make sure that your motions can be filed before filing an answer.

Why exactly did you request validation in December?  Was it in response to a debt collection letter containing the 30 day notice?

I thought they filed the lawsuit before 2/15.

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8 minutes ago, BV80 said:

Make sure that your motions can be filed before filing an answer.

Why exactly did you request validation in December?  Was it in response to a debt collection letter containing the 30 day notice?

I thought they filed the lawsuit before 2/15.

I received two dunny letters from Suttle on 12/5/21

I sent 2 certified letter back to them called  "debt validation and debt verification on 12/23/21- I received confirmation letters were picked up by them on 12/28/21

From 12/28 to 2/14/21 I received NOTHING. Not one call, not one letter- nothing. 

 

On 2/15/21- President day (by fluke) was heating my car outside (snow storm here in Oregon at that time) A Sherriff walked up I thought he needed help. and asked me by name and served me. 

From 2/15/21- till now I have been figuring this out.

 

 

In Oregon any one must file a motion to amend before the answer. 

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

D 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.

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1 hour ago, BV80 said:

Did one of those letters contain the 30-day notice?

Both of them did... 


If you fail to dispute this debt or any portion thereof within 30 days after your
receipt of this letter we will assume the debt is valid. 

If you notify this office in writing within 30 days after your receipt ect.... 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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14 minutes ago, BV80 said:

@Neveragain02

You might possibly have a claim for a violation of the FDCPA against the law firm. However, this doesn’t affect the lawsuits with the OC.

But I do have a claim against Bank of America for reporting to my credit B without verifying my debt. This notices was sent to both creditor and creditors attorney.  I asked BOA from 2018-2020 to send me debt varication letter and at no time have they done so.. 

Only limited capped amount as we all know. 

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Board see if you like this on OC

please note in ORS I can ask up to 30 questions 

 

IN THE CIRCUIT COURT OF THE STATE OF OREGON

FOR WASHINGTON COUNTY

x

 

x                               

vs.

x,

                                    Defendant.

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NO: 2xxxxx

 

 

 

 

DEFENDANT’S REQUEST FOR PRODUCTION OF DOCUMENTS

 

 

 

         Pursuant to Rule 43 of Oregon Rules of Civil Procedure, the Defendant x hereby requests that the Plaintiff, x, N.A, 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 upon which your complaint is based on.

2.     Please provide how the alleged account in question was initiated.

3.     Please provide document(s)of which Bank of America location(s) Defendant opened the alleged account.

4.     Please provide the name of the loan officer or authorized agent who approved the application for the alleged debt.

5.     Please provide the credit card application(s), form of government ID used to verify defendant identity prior to granting Defendant any credit on alleged account.

6.     Please provide the date and time of when the alleged account was opened.

7.     Please provide the signed contract of the alleged account bearing the Defendant signatures.

8.     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.

9.     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.

10.  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.

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

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

13.   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.

14.  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.

15.  Please provide the original dunning letter(s) that was sent to Defendant from Plaintiffs attorney.

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

17.   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.

18.  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.

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

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 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.

24.  Please attach a copy of the agreement with Plaintiff that grants x the authority to collect this alleged debt.

                                    CERTIFICATE OF SERVICES

I hereby certify that a copy of the foregoing was mailed on the 

                       

 

                                                ____________________________

                                                         x

                                                            Defendant Pro Se

 

                                   

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43 minutes ago, Neveragain02 said:

But I do have a claim against Bank of America for reporting to my credit B without verifying my debt. This notices was sent to both creditor and creditors attorney.  I asked BOA from 2018-2020 to send me debt varication letter and at no time have they done so.. 

Only limited capped amount as we all know. 

Unfortunately, you don’t have a claim against BofA for reporting without verifying.  They were not required to respond in order to report.  The FDCPA does not apply to original creditors.

Disputes with original creditors for credit reporting must be done by disputing through the credit bureaus in order to have a private right of action.  And the bank still would not have to supply documentation.  Even if you disputed through the credit bureaus, as long as BofA is reporting correctly, you would have no claim under any circumstances. 

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