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  #1  
Old 10-14-2003, 03:49 AM
mp7cat
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preparing to go to trial with collection agency


What is the name of your state? oregon. I need advise I'm not sure what to do. A collection agency has filed a civil suite against me back in november 2002. I filed my answer. It was set for mandatory arbitration several times. June 20, 2003 was suppose to be the arbitration hearing which it was suppose to be set within 49days as of march 3, 2003. as required by law I submitted my prehearing statement of proof 14 days prior. Well the attorney for the collection agency didn't and 4days before arbitration requested a postponement and got it. new arbitration date was set for september 6, 2003. I didn't show so the arbitrator ruled in favor of the other side. The jury trial was scheduled for sept. 25 and postponed the day before cause it would not have allowed my 20 days to appeal the award. on sept 29 I went to submit my appeal and they said no to late 20days up on sunday sept. 28. I wrote a letter to the judge she set aside the award and we go to trial nov. 8. heres my problems that I don't know what to do. #1. They're sueing me on one item the sol has expired 2. I sent my dispute letter to the collection agency 8/20/2002 same day they sent me a bill which was also 10days after I disputed it when they called me 3. the attorney sent me a demand letter dated sept. 9, 2002 stating all the blah giving me 30days to dispute 4. in the summons was the affidavit of the attorney swearing under oath that 30days prior to the filing they sent me a bill lah lah. well that is signed and dated sept. 3, 2002 5. next it was 187 days before we went to arbitration which was to be scheduled within 49days as of march 3, 2003. What do I do and how should I bring this up in court? Please help I've tried getting an attorney and the ones I talked to said it was to late but also said once the appeal period was up the law says there is nothing you can do. Well I got that changed.
  #2  
Old 10-14-2003, 07:21 AM
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Join Date: Dec 2002
Location: PA
Posts: 113
First, you need to break down your post into more readable chunks (i.e., paragraphs!). It is very difficult to follow.

Second, you say, "#1. They're sueing me on one item the sol has expired". Does this mean there is more than one debt? If so, are they all past the SOL? What are the dates, etc.

Third, you bring up several points about dispute letters and swearing under oath... Are you insinuating that the CA has violated the FDCPA/FCRA? If so, just come out and say it! This section of your post needs to be rewritten.
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