Author Topic: Oregon Mandatory arbitration  (Read 765 times)

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piggy

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Oregon Mandatory arbitration
« on: May 16, 2012 07:30:56 AM »
Hi, I have receive the letter from the Washington County Circuit Court yesterday, notice  for assigned to arbitration, the second page is selection of 5 names and the pro rata fee is $1050. I have file my answer with the filing fee on the last day of my 30 days response time frame and request the case to dismiss.

I am confuse after reading all the posts related to the subject since yesterday. what are the choice I have now?Thanks for everyone time and effort.


NotBonJovi

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Re: Oregon Mandatory arbitration
« Reply #1 on: May 16, 2012 11:29:06 AM »
What you are reading on the board is about PRIVATE arbitration forum. It sounds like you are being railroaded into COURT arbitration, which is not the same thing.

Who is the OC? When did you default?
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piggy

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Re: Oregon Mandatory arbitration
« Reply #2 on: May 16, 2012 05:12:08 PM »
What you are reading on the board is about PRIVATE arbitration forum. It sounds like you are being railroaded into COURT arbitration, which is not the same thing.

Who is the OC? When did you default?
BOA, 2009

head801

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Re: Oregon Mandatory arbitration
« Reply #3 on: May 16, 2012 06:17:08 PM »
Check your credit card agreement from that timeframe to see if it mentions Private Contractual  arbitration.  If so then read the arbitration threads and see if you want to try and put them to use.
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piggy

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Re: Oregon Mandatory arbitration
« Reply #4 on: May 17, 2012 05:06:16 AM »
Check your credit card agreement from that timeframe to see if it mentions Private Contractual  arbitration.  If so then read the arbitration threads and see if you want to try and put them to use.
Thank you for your reply, I do use the board and find the 2009 BOA credit card agreement  and the #48 is for the arbitration and litigation provision and it is almost a full page. from reading it, I can choose to reject or use the private arbitration which mean that I have  to file a motion to compel the court mandatory arbitration and request the private arbitration? I have read some sample of the motion to compel but not much, any other place that I can find more example for my convenience to draft the motion?

the first paragraph as follow" this arbitration and litigation provision applies to you unless you were given the opportunity to reject the arbitration and litigation provisions and you did so reject them in the manner and time frame required. if you did reject effectively such a provision, you agreed that any litigation brought by you against us regarding this account or this agreement shall be brought in a court located in the state of Delaware. what is that mean exactly? Thank you for your reply and help, it help a lot.

Admin3496

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Re: Oregon Mandatory arbitration
« Reply #5 on: May 17, 2012 02:00:00 PM »
It is requested that you use proper capitalization.

NxNW

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Re: Oregon Mandatory arbitration
« Reply #6 on: June 13, 2012 02:10:44 PM »
I have been down this road. The system is Oregon is odd. Keep pushing and you will get a MTC to Arbitrate through, if that is your wish and your Agreement allows it.

The court system told me that there is no such thing as JAMS. Later, they told me that I never needed to MTC because the Agreement says it is okay. The judge eventually denied my MTC on the grounds that the Agreement says I have the right anyways. In other words, just pretend it is a normal state and go through the motions of a MTC, if that is your desire, and know that it is going to be odd.

For the record, you have to write your own motions. I just used the templates from other counties. This county did not seem to care what template was used, as long as it hit all of their date criteria.

I hope this helps, and please do use this forum's writing system.