Legal Question in Credit and Debt Law in Oregon
Arbitraition with Debt Collector
I need advice on my arbitraition hearing next month.
I am going to arbitraition with a debt collector. This is the third such
debt collector to claim that I owe them money on this account.. To
each letter from each debt collector I have sent, via certified return
receipt mail, a request for verification of the debt, stating that I do
not have a dispute with the amount of the debt, rather with the
validity of the debt. This debt collector sent me photocopies of
monthly statements on the account. No signature, nothing that I
asked for. Now, under the Fair Debt Collections Practices Act, they
are to cease all methods of collection until they are able to verify
their claim to the debt. But now we are going to arbitraition. I need
to know what documents I need to send to the Arbitraitor. She has
requestedthem by Feb 12th. As evidence do I send in a copy of the
letter I was sent from debt collector my letter requesting
verification, and what they sent me in response? Do I send in a
order for dismissal form? do I send in my defense, written
up in a concise statement or form? Please any help in
this matter would be greatly appreciated.
1 Answer from Attorneys
Re: Arbitraition with Debt Collector
Yes, yes, yes to all your questions. Send your cert letters with the corresponding response as exhibits to your statement of proof. I am assuming your letters to the debt collector stated the reason you believe the debt was not valid (i.e. barred by statute of limitation, failure of consideration, lack of contractual capacity, satisfaction etc...) In your argument in your statement of proof you will restate these legal defense, that you informed the plaintiff of these defense (citing the cert letter as Exhibit X ) and that they plaintiff failed to respond to the defense (cite nonresponsive letter Exhibit Y) Your statement of proof is made up of 1) Statement of Fact (be very objective and specific. Do not argue but you can emphaize facts that support your argument. 2) Issues present (e.g. Plaintiff's can not collect his claim because.....). One or two lines that basically outlines your argument. 3) Argument. Here you spell out the legal reason why you win and they lose. Link facts with satutes or case law that supports your position. Distinguish legal authority and precedant in the plaintiff's argument. If something is unfavorable to your argument hit it head on. Don't ingnore it. Finally 4) your conclusion. Just a quick few paragraphs summing up the argument. Generally you need to submit your statement of proof 14 days befroe the hearing, but if you are pro se you will proabably get some slack. Also if you have your have counter claims for violation of debt collection proactices law put that in your issues presented and argument. If there are witnesses give a summary of how you anticipate the witnesses testimony in your statement of facts. I hope this is helpful. Good luck,
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