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    CB closer to suit - Received DV

    Well, I guess one can only go so long without someone intending to file suit. This is an alleged $9K citi card.

    I defaulted on the alleged account about 20 months ago. I sent a DV request to the various CA's and never heard anything back. The account was finally sent to an out-of-state attorney collection firm in Washington, Suttel and Ass's. BigBoy and I have mutual friends!

    I finally get a letter today from the attorney firm stating the client has requested suit on the account. They included a year of statements and an affidavit by their authorized agent in Missouri. This is prety much all the verification they need. Having been down ot my local courthouse and viewed a few debt collection suits, I think this is one alleged account that I will file an answer to, if served. It makes no difference to me if the debt is $9k or $30k. I'll lay down the $189.00 to file an answer, and see what happens.

    With all this being said, the cover letter from the attorney's office includes a line that states, "At this time suit has not been initiated." "...We have been instructed to proceed to collect unless satisfactory repayment arrangements are made."

    It could be another 30 - 45 days (if ever) that they get around to truly filing suit.

    Now, I'm guessing Suttel and ASSociates will find it somewhat difficult to serve me "at home." I don't really have a home. The only street address Citi might have on file is somewhere in Montana ( 15-18 years ago.) I have used a PO Box for 15 years. My driver's license even has my PO box on it, as does my voter's registration (Can't happen for renewals after 9/11.) My credit report shows my two PO Box numbers the past 12 years and an address I never lived at! LOL. Good enough for me.

    I will be served. In the end (who knows how long), they will serve me by registered-return-receipt mail. I intend not to sign for the mail. So, they will need to make a choice. Serve me via publication or serve me via my office at work; both of which are legal in my state.

    I am not an advocate of filing an answer to a suit where you know you owe the amount of money claimed. In this instance, the number claimed is worth the investment in filing an answer. I have worked with all my local creditors and allowed mediation and default judgments leading to eventual wage garnishment. However, I have no experience with the legal system related to debt collection attempts from out-of-state attorneys. I'm curious. I can already see that once one files an answer here, the debt moves to mandatory arbitration. However, either party can resist this and ask the courts to move directly toward circuit court proceedings. My take is that this process can take anywhere from 5 - 12 months if one decides not to agree with the Oregon version of "arbitration." I went down to the courthouse to look up some CRAP1 suits, and I was stunned by the length of time it takes to actually get the suit to trial or arbitration when the defendant files an action. First there is the answer. Then, the plaintiff attempts to move for "pre-summary" judgment (not allowed here.) Next the judge forces a hearing to set a trial date. This appears to be 30-90 days after the defendant files an answer. After the hearing, the trial date can take another 45 - 90 days. The suit process could take anywhere from 3 - 12 months before any decision is made. As mentioned, I have learned how to provide an answer, so I think if I get sued, I'll pay the money to answer just to see how the process works.

    Am I NUTS?

    #2
    You will be the most well prepared defendant out there for sure thanks to help from this forum. I wish you good luck, I am anxious to see how it all works for you.

    Comment


      #3
      You're nuts in a good kind of fun way!
      Well, I did. Every one of 'em. Mostly I remember the last one. The wild finish. A guy standing on a station platform in the rain with a comical look in his face because his insides have been kicked out. -Rick

      Comment


        #4
        Thanks, Optimistic. I have a question related to what I might do next.

        Does anyone think it would be detrimental to send a leter back to the legal firm stating such things as:

        1) I continue to deny this debt of $####.##
        2) I will answer any and all complaints related to this under the Oregon Rules of Civil Procedure
        3) Please provide me with a copy of an original signed agreement related to this alleged debt. I do not recognize this debt. (Which I do not.) While I may have a citicard, I can say with certainty I have no idea of how the amount claimed for this alleged debt was established. (I find it quite interesting that they sent an afidavit from an authorized agent of CB, a year's worth of statements, but nowhere did they provide any information related to the original contract.

        Hell, I'm shooting in the dark, but any thoughts are always appreciated.

        Comment


          #5
          I would save those arguments for your hearing if you end up in court.
          Well, I did. Every one of 'em. Mostly I remember the last one. The wild finish. A guy standing on a station platform in the rain with a comical look in his face because his insides have been kicked out. -Rick

          Comment


            #6
            I noticed the same here about cap 1 when examining the docket. Cap 1 would farm out to about a dozen of so firms in san diego county. They would file suit in riverside county. Then it would show that no one would show up for trial and the court would move for sanctions and penalties for the Plaintiff no show.
            Stopped Paying CC's 2/2009. Retained Attorney 1/10/2010 Filed 1/23/2010. Discharged 5/19/10 $187K CC, $240K 2nd,$417K 1st, No asset Ch-7

            Comment


              #7
              OF, You may be correct. I just don't know if I'll instigate anything.

              In the past few minutes, I googled the attorney's name who sent me the info and cover letter. It appears he has only been with the firm a short time. While the firm is in Washington, many of its members also belong to the Oregon BAR. I get a sense that this particular attorney may be fresh out of law school.

              I noticed that the Discover, AMEX, and CAP1 suits recently in my county are all being tried here by Washington attorneys (400 - 500 miles away) who have only been admitted to their state BARS in the last couple of years. I have to wonder if they are simply playing a numbers game. Let the youngsters "play." I would guess that each individual attorney gets a cut of the amount collected on by the firm itself. I could provide a good lesson for the young attorney, especially if I tire of this and pull the BK cord! LOL

              Speaking of which! I'm tempted to send a letter suggesting my interest in bankruptcy. I would also CC the authorized shiti agent. I'm sort of interested in whether or not they are idiots. I could then share some new philosophy with forum members.

              Maybe I should push them a bit. For this particular alleged account, I'm willing to file an answer. The number 1 reason is that I can probably put off another wage garnishment for 3-4 months with trial-date hearings, discovery, and st-overs. I can pay the ~$200.00 cost to answer and keep $1200 of wages for a few months. Its an interesting dilemma.

              The downside to all of this is that I could be sued simultaneously by creditors. I don't think I could juggle and keep track of simultaneous suits. But, I am a logger-turned-theoretical mathematician by trade, so the these unsolved problems and logic behind addressing them are interesting to me.

              Comment


                #8
                albacore, you are probably correct. Eventually, the attorney for the plaintiff has the responsibility to show up in a courtroom here. Whether its civil or criminal, Oregon citizens always retain the right to meet those who have accused them, face-to-face. This could get very interesting should they sue and I file an answer.

                Comment


                  #9
                  Just two quick thoughts:

                  1. The client has not requested that they attorney file suit. That is nothing more than the typical collection letter. Are the words may, might, could, or anything like that in there? Or.. did they use the terms stating that they are going to file suit. If they used the may, might, could, or whatever, they may or may not file suit against you. If they used terms stating that they are going to file suit against you, then they either are going to file suit, or will be in violation of the fcra by making threats.

                  2. Don't think your home can't be located. Do you have power, water, cable, telephone, satellite service, trash pickup, magazine subscriptions? If so, I can find you....
                  All information contained in this post is for informational and amusement purposes only.
                  Bankruptcy is a process, not an event.......

                  Comment


                    #10
                    just an FYI- you can go to the states bar webssite and find his info...like when he took the bar and started practice...



                    Originally posted by treehugger1 View Post
                    OF, You may be correct. I just don't know if I'll instigatite e anything.

                    In the past few minutes, I googled the attorney's name who sent me the info and cover letter. It appears he has only been with the firm a short time. While the firm is in Washington, many of its members also belong to the Oregon BAR. I get a sense that this particular attorney may be fresh out of law school.

                    I noticed that the Discover, AMEX, and CAP1 suits recently in my county are all being tried here by Washington attorneys (400 - 500 miles away) who have only been admitted to their state BARS in the last couple of years. I have to wonder if they are simply playing a numbers game. Let the youngsters "play." I would guess that each individual attorney gets a cut of the amount collected on by the firm itself. I could provide a good lesson for the young attorney, especially if I tire of this and pull the BK cord! LOL

                    Speaking of which! I'm tempted to send a letter suggesting my interest in bankruptcy. I would also CC the authorized shiti agent. I'm sort of interested in whether or not they are idiots. I could then share some new philosophy with forum members.

                    Maybe I should push them a bit. For this particular alleged account, I'm willing to file an answer. The number 1 reason is that I can probably put off another wage garnishment for 3-4 months with trial-date hearings, discovery, and st-overs. I can pay the ~$200.00 cost to answer and keep $1200 of wages for a few months. Its an interesting dilemma.

                    The downside to all of this is that I could be sued simultaneously by creditors. I don't think I could juggle and keep track of simultaneous suits. But, I am a logger-turned-theoretical mathematician by trade, so the these unsolved problems and logic behind addressing them are interesting to me.
                    Filed Pro Se: 10/16/2009
                    341 Scheduled: 11/23/2009
                    Last Day for Objections: 1/22/2010
                    Discharged: 1/28/2010

                    Comment


                      #11
                      I think before you consider answering, you learn more about how motions for summary judgment work in your state because that is the next thing they throw at you.

                      Check this link for example: http://www.bullivant.com/Oregons-Sum...dence-Required

                      I think it's likely in many jurisdictions that your pleadings never even get looked at by a judge, and some law clerk just tosses darts or just blindly always rules in favor of lawyers over pro se's on the assumption that they're always right (and they don't want to get turned down for a job someday in case they ever interview with that law firm).
                      filed chapter 13..confirmed...converted to chapter 7...DISCHARGED!

                      Comment


                        #12
                        Thanks. I am aware of the burden of persuasion rule in in a motion for summary judgment. What is not allowed in Oregon is a "pre-summary" judgment prior to trial or arbitration.

                        Frogger, I don't have any utilities, insurance,etc in my name. The past year or so, I caretake homes for folks who are away for 3 months to a year. However, as I mentioned I can easily be served at work. Where I work, people are served now and then for all kinds of stuff; divorce issues, alimony, child support, etc.

                        Comment


                          #13
                          Doesn't one have to have a physical address to rent a PO Box and isn't the PO authorized to release owner info on a PO Box if asked? I swear I read that somewhere. Off to Google.
                          Well, I did. Every one of 'em. Mostly I remember the last one. The wild finish. A guy standing on a station platform in the rain with a comical look in his face because his insides have been kicked out. -Rick

                          Comment


                            #14
                            TH, all true. The real reason for voicing my concern is my belief that much of this motion practice is done by law clerks and you are really vulnerable to many unstated prejudices which makes practicing as a pro se in state (really county) courts a dicey proposition.
                            filed chapter 13..confirmed...converted to chapter 7...DISCHARGED!

                            Comment


                              #15
                              My box does have a street address. Here close to the land of nowhere, my mail is dealt with through a private contractor. I would guess that if I were to open a new box, I would need to furnish some home address. Years ago I wasn't asked for one. I have never been asked. I suppose I could write down Mile Post ###, State Highway ###.

                              Comment

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