MBNA AMERICA BANK, N.A. v. GARCIA

050505309; A134952.

205 P.3d 53 (2009)

227 Or. App. 202

MBNA AMERICA BANK, N.A., Plaintiff-Appellant, Cross-Respondent, v. Rico M. GARCIA, Defendant-Respondent, Cross-Appellant.

Court of Appeals of Oregon.

Decided April 1, 2009.


Attorney(s) appearing for the Case

Krista L. White, Seattle, WA, argued the cause for appellant-cross-respondent. With her on the briefs was Bishop, White & Marshall, P.S.

Richard A. Weill, Troutdale, argued the cause and filed the brief for respondent-cross-appellant.

Before LANDAU, Presiding Judge, and SCHUMAN, Judge, and ORTEGA, Judge.


SCHUMAN, J.

Defendant's former wife obtained credit cards from plaintiff, unbeknownst to defendant and in his name, and then incurred substantial debt. When defendant failed to make payments, plaintiff submitted the matter to arbitration as provided in the credit card contract. On the recommendation of his former wife, defendant retained a man who falsely represented that he was an attorney and who, in the arbitration and in several federal court cases, raised a number...

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