Legal Question in Credit and Debt Law in Oregon
notice of intent to apply for order of default and general judgment
received this notice in the mail and wanted to reply. Before this notice we were waiting for arbitration as our contract specifies. Also I believe they failed to comply with some notices and proof of their rights to represent the original debtor as they are a collection agency several parties removed from the original owner of the debt. I want to object properly and make a motion if appropriate to either dismiss or to wait for arbitration. Thank you for your help.
1 Answer from Attorneys
Re: notice of intent to apply for order of default and general judgment
Sounds like the debt is legitimate, you are just unsure about the procedures they are using to collect.
When you receive a demand letter for payment you can reply IN WRITING that you dispute the validity of the debt and would like to receive verification of the debt. They have to provide this statement within 30 days and the collection agency must inform you who the original creditor is.
You haven't explained what you believe your defense to the alleged debt is. You can file an answer denying some or all of their claims, and wait for arbitration. You can move to dismiss if they don't have proper jurisdiction of something of that nature.
This would be difficult for a pro se litigant to do. Best to consult a lawyer and avoid a default judgment.
Also you can typically negotiate a lower sum 20-80% of the original sum depending on a variety of factors if you are able to make a lump payment right now. You can sign a confession of the judgment with a covenant not to execute for a certain amount of time also.
You are now dealing with a law firm rather than a collection agency and best to have legal representation on your side as well.
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