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two days ago when i search the oregon secretary of of state website it shows it was adminstartively dissolved for failure to annually register oreogn had strict laws about this under the ORSi provided
at the time of arbiration they were absolutley dissolved its clrealy posted on the secretary of states site as of 2-26-2010 the arbitration was 7-15-2011 the records were not updated the plaintiff and his counsel proceeded as if they were not dissolved and there is no record by way of recording nor transcript of this arbitration
Thank you for your follow-up.That helps. I was concerned for you that if the records were updated, it would be harder to argue that you were placed on notice. As it stands, you would need to speak to an attorney and file a motion to set aside based on fraud and misrepresentation as well as lack of standing. The statute of limitations for fraud begins running when the fraud could reasonably been discovered (which is why I was concerned if this was updated at the time of arbitration), but if there was no reasonable way to know, and they had no standing to be in front of the arbitrator, you can file to set aside...and sue for both a reversal of the decision, and your direct expenses and curt costs (and attorney fees) based on your subsequent petition. But you will need a highly trained appellate specialist here--time-wise you are generally beyond the statutory limitation so you would need someone to evaluate the code and find grounds that the judge would recognize via which this case be set aside. It is possible, but it is technical, complex, and one of a few areas where an attorney would be essential.Good luck.
in addtiona the party has never "cured " the lack of legal stading in 3 yrs and now the staue of limntation has ran out
The party never needed to 'cure' if nobody was aware of the defect. As for the statute of limitations, there is the argument that the SOL was 'tolled' and only began running at discovery of fraud, which is what your attorney would need to argue when filing to set aside. This is not an easy argument to make, but it is a possible claim that has a fair chance of success provided that the procedural hurdles are met.Good luck.
can you look at findlaw.com pacific coast recovery v. johnston XXXXXXXXX A132938 and see the footnotes etc is very similars but it has all the laws right there
i just wanted you to see how the oregon ors 648.135 and ors 648.007 applies to what ive told you
I understand and I agreed with you. I also do see this as a valid cause of action. The issue is complexity, this would require a good appellate attorney to cite this case and others that are similar in nature to have the courts agree to reverse the original decision on basis of lack of standing, and allow the courts to re-hear based on the new factors.Good luck.
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