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mkhal's Achievements


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  1. Bunovitch, I feel you. I just lost today as well and with the same disgusting manner, I got cut off half way speaking by the judge and she said she's gonna sign the motion. Sucks.
  2. So I went to court today, filed my paperwork for my dueling affidavit and got my assed handed to me. The judge said they had standing and I outright denied me saying they've proved standing in Washington State. So what do I do now? I owe them apparently 2600 dollars which is 3 times the amount of the original card in question.
  3. @hot in az, I looked at the Washington State rules of civil procedure and found this: c) Motion and Proceedings. The motion and any supporting affidavits, memoranda of law, or other documentation shall be filed and served not later than 28 calendar days before the hearing. I was served these documents on Friday 19th of July..just ten days before the hearing and they claimed they filed it with the court on 12th of July, which is not even 28 days before the hearing.. I put this as my first point in my summary because it states I have to respond 11 days before the hearing and I didnt even get the motion until 10 days before. PS: Am I interpreting this correctly?
  4. @hot in az Okay I updated it so that you can see what I'm working with but again I don't understand what am I replying to in MOSJ, because I posted their motion statement in my initial post and it is very brief. But the initial account was not Chase it was washington Mutual which became Chase???. Honestly I don't know if this is a pre trial conference. All I got was a paper saying "Please take note that a hearing has been scheduled on Plaintiffs' Motion for Summary Judgement." Date: Monday July 29
  5. Also Huey, why did you use Delaware Civil Rules of Procedure 56(e) when you are in Oregon, please explain how that came to be so that I may research it. Thanks
  6. Thanks for all the great advice, so am I answering line by line the motion? Because I posted the motion above and it was very brief what they wrote to the court. @hot in az @hueypilot Secondly, in my counter affadavit, I can't find the affadavit rule in washington state courts civil procedures like you put in your Oregon state law huey, "pursuant to the laws of the state or Oregon and Oregon Rules of Civil Procedure 1E" All I found was this: http://www.courts.wa.gov/court_rules/?fa=court_rules.list&group=ga&set=ER
  7. Thanks Huey, You always provide great templates. I am going to create a draft here and attach it tonight.
  8. I know there are many templates on these forums for countering motions for summary judgement but I wanted to make sure my response was catered to my exact motion in Washington state. Please help me draft it here. I have a hearing in ten days and they sent me the motion stuff just at the tenth day. Just to get people up to date, got the summons, and the plaintiff discovery responded..denied all, sent my first discovery...got half a$$ stuff back no original signed contract agreement...so now they have sent me the motion for summary judgment.. Here is there motion: Comes now the plaintiff, by and through its attorney, and moves the court for summary judgement on Plaintiffs' claim against the defendant. In the opinion of counsel this motion is well founded in law and not interposed for the purpose of delay. This motion is based on the affadavit of Mic***l R***in which is filed herewith and the Points and Authorities subjoined below. POINTS AND AUTHORITIES A party is entitled to summary judgement: "if the pleadings, depositions, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fat and that the moving party is entitled judgment as a matter of law." CRLJ 56© the Instant case arises out of breach of contract action wherein Palintiff alleges Defendant defaulted on a credit card debt and is now seeking to collect thereone. Defendant filed an Answer wherein he presents a blanket denial to the allegations set forth in the Plaintiffs Complaint. Additionally, Plaintiff provided the Affadavit of Mic***el Ru**n attesting to the amount due and owing as claimed by Plaintiff. Attached to Mr. R***n's affidavit are the Monthly Billing Statements, the bill of Sale documents, and the Credit Card Agreement, hereby incorporated as exhibits 1, 2, and 3 respectively. Based on the forgoing, there is no genuine issue as to any material fact and Plaintiff is entitled to a summary of judgement as a matter of law. What they attached: They attached some bogus affadavit from Florida...I have used huey pilots template to craft a counter affadavit. A bill of Sale which I have attached so that one may see. (Still haven't received any help in crafting a response) A bunch of statements. Any help would be deeply appreciated. Thanks everyone. NOTE: Here is the basics for those not familiar with my other thread. So I have been served by Daniel Gordon on behalf of Midland Funding for some Wamu account years old for an absurd amount that is like 3 times more than the actual credit card ever was. I filed my response that I denied this debt was mine and demand validation. They sent me and the court some photocopied bank statements showing default payments for maybe five months followed by an affadivt from Florida saying some **** like I owed Chase 1600 dollars ( The same as the last produced statement) before the account was sold to Midland. So as I prepare my defense, what do I do about these photocopied statements and the affadavit? Should I argue heresay? Here is the lowdown, thanks. 1. Who is the named plaintiff in the suit? Midland Funding LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Daniel Gordon 3. How much are you being sued for? 2600 4. Who is the original creditor? (if not the Plaintiff) Wamu then chase?? 5. How do you know you are being sued? (You were served, right?) served 6. How were you served? (Mail, In person, Notice on door) mailman in person 7. Was the service legal as required by your state? yea Process Service Requirements by State - Summons Complaint 8. What was your correspondence (if any) with the people suing you before you think you were being sued? never had contact with them 9. What state and county do you live in? Snohomish county, WA 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 2009 11. What is the SOL on the debt? To find out: 6 years in washington state?? Statute of Limitations on Debts 12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). I responded denying the debt, and demanded they provide me evidence I broke a contract. The responded by sending a bunch of statements saying I owe xx amount of dollars. Sent request for admittance and request for production to both which I have replied in denying everything using the templates provided here to answer the questions. 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No 14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late. Too late 15. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit? 30 days, and I responded to the claims. It was pretty much the standard crap, customer got card from wamu xxxx blah used it to buy stuff, broke terms and conditions etc...it had 15 admittances/interrogatories Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. They sent and affadavit from florida saying I owed 1600 dollars on the account when it was sold to midland funding. And sent like 5 photocopies of statements showing non payment from chase bank. 17. Read this article: Bill of Sale Scan0001.pdf
  9. @racecar, I don't see the card in there since it was an old WAMU account. They've sent all their motions and want to see me in court on July 29 and I have no idea what to do. I've already sent my first discovery in which they never sent the original contract, and sent a blacked out mass account bill of sale. I'm sending my counter affadavit on Monday and what else to do? Can someone please take a look at the bill of sale I attached so I can counter it. Thanks.
  10. Here is the Bill of sale they sent me. NOTE: I did not blacken anything out. This is how they sent it to the court. I couldn't believe this when I saw it. How is this legal?? scan0003.pdf
  11. So an update, since my first request for productions, they haven't been able to produce the original contract (As far as I've read, they probably never will be able to), and they produced some bill of sale between Chase and Midland with all the lines black inked out (I will post it later in the evening). However, I have one issue that is making me nervous. After these events took place and 30 days have lapsed since they haven't produced the original contract, they have been trying to contact me via phone(how they got my number I don't know), but some lady named christine leaves a message that simply says calling from DNG call me back. They do this once a week. My question is, should I call them back? Is it necessary? I don't want to talk to these losers and filth but at the same time I don't want them to have any leverage on me in court. Thanks
  12. So after I sent my first request for admissions, it came back and Daniel Gordon said they are diligently searching for the original card agreement. When I requested all itemized statements showing how the account was up to 2500 they just sent some random statements they had..it was all out of order and said they sent the charge off statements? When I asked for the bill of sale of the card agreement from Chase to Midland..I got a bill of sale with all the numbers any names etc crossed out in dark black ink?? Basically it is a Bill of Sale with no information on it besides a template. My question is.. did they send it to me like that but the court has the one that isn't blackened out? Or is it some just poor attempt of theirs to show they have a bill of sale from Chase to Midland Funding? Thanks.
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