DJP1986

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About DJP1986

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    Washington

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  1. Do you have a way to possibly scan the documents that they sent and upload them so we can see them? It sounds like they gave you a bunch of BS. What was the CC statement? Did it just show the amount due? Did it show any form of payment you have given them? Also, what has your communication with Midland been before being served? I'm assuming if it's anything like me, they sent one letter and then sued.
  2. I researched some [url=http://caselaw.findlaw.com/wa-court-of-appeals/1574743.html]case law, and it looks like WA does not have a borrowing statute. Also during my research, it looks like BoA is less likely to sue over CC debt compared to other original creditors. Obviously, this is not indicative of any actual incidents. Should they sue, and I motion for arbitration, would trying to use Delaware's SOL even matter at that point? Last time I heard from BoA was, maybe 4 years ago, when an in-house collection agency sent me the basic debt collection letter, I responded with demanding proof of the debt, and they sent me about 50 pages of statements But, they never sent anything beyond that, which was odd.
  3. Man, I'm so late! How far into the litigation process are you? Did you already agree to settle? I hope you still browse this site S&H filed sued against me years ago on behalf of Midland, and I actually went to a court where they sued someone who had a lawyer representing them. In WA, the judges tend to only favor defendants IF they use case law to back up their claims in the argument, and cite it properly, AND also prove the relevance. The defense lawyer used an exact defense I was planning on using, but did not use the case law to support it. The S&H lawyers (who were college kids for crying out loud) saw this, and were obviously trained on how to counter this. So, they used law from a case THEY WON due to the defendant doing the SAME THING! The judge in the mentioned case ruled in favor of S&H because the defendant failed to use case law to support their arguments. Bottom line, any defense you use, if it has case law to back it, you'll make S&H step back and wonder WTF just happened, and they'll be the ones who don't know what to do next. They, just like Midland, win most of their cases via defaults. They have obviously done very little litigating. I even went and looked up the lawyers representing S&H for the case I sat in on. The main lawyer who runs S&H was supposed to represent S&H against me, as well as this case, but he sent these other two kids instead. When I looked them up, one of them was still in college, and the other just graduated and had no other experience.
  4. Hey guys! Long time no see for some of you! I have two quick questions. 1) The statute of limitations for both written & unwritten contracts and/or credit cards in my state is WA. I've only had three cards charge off before, one of which the current debt collector sent me a recent collection attempt in writing stating they will not sue because the SOL is up, the other being Midland who tried to sue a few years back, but the SOL is up now (expecting them to probably try and sue again, although I haven't heard anything from them since they dismissed my case ), and the last, and one I am worried about, is BoA. If Midland does attempt to sue, or Portfolio Recovery (who admitted they wouldn't sue) do try to sue, if I raise SOL as a defense, can't I countersue for trying to sue over zombie debt? 2) How likely is it for Bank of America to sue for this debt? It's a little shy of $4k, but according to a credit report review, they claim my last payment was in June of 2010. So, by SOL laws, they have until this June to make this a legal battle, right? I want to use my income tax check and annual bonus from work to pay off current debt (CC's and student loans) to try and eliminate current debt, but I am concerned that it may trigger something on my CR for the last of the group to do something. Thanks guys!
  5. Drag this out by answering near the end of the 20 days, then start discovery. In WA, we cannot request more than 3 groups of 5 items for discovery, and they can be done if I remember correctly within 20 days from each other. There's 60 days there. Chances are, they won't respond right away. So, wait 30 days for them to "reply" to first request, amend your request to state "Defendant now issues second request for x", and wait for them to "reply". Send them a final notice outlining you will request the judge to motion in your favor. Assuming they don't have the evidence, you could have 90 days to drag this out just from your first discovery request.
  6. BV: They unfortunately would not tell me, and said they only could if I come request the court records in person, so I am going to on my first day off next week. Debtzapper: I definitely will be! It was not in small claims, just in civil. But, a trial or hearing never actually took place. Dotheyeverstop?: Basically they just served me, and I answered denying everything. Then months later after failed discovery requests they filed for MOSJ, and it was late. I requested a continuance citing they violated a state law of not serving me the MOSJ on time, so they struck their own hearing. A few months later in May, they filed the same exact MOSJ and were late again. This time I replied and cited the violation again in my procedural history, then used rules of evidence to challenge everything they had. They struck their own hearing again and went silent until they dismissed
  7. Hey everyone! I found out today that my case against Midland has been dismissed, without prejudice of course! Should I count my blessings? Or, should I try to fight and get it with prejudice? Either way, none of this would have been possible without the help of this site, especially BV80, Anon Amos, racecar, and the others who helped me as I learned the process from beginning to end! Now I am equipped with the right knowledge against Midland happens to come at me with this case again!
  8. Your best bet is to start with RFP. Also, be sure to follow WA's strict RFP rules. You can also request five items. If they don't respond, you hit them with RFA to get them to admit they don't have anything.
  9. Was the Complaint the same as last time? Did you have a thread about the suit last year? Can you post the Complaint on here? Also, if you answer these questions, the stronger members on here can better serve you: 1. Who is the named plaintiff in the suit? 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) 3. How much are you being sued for? 4. Who is the original creditor? (if not the Plaintiff) 5. How do you know you are being sued? (You were served, right?) 6. How were you served? (Mail, In person, Notice on door) 7. Was the service legal as required by your state? 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? 9. What state and county do you live in? 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 11. What is the SOL on the debt? To find out: 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). 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) 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. 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? 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits.
  10. Coming straight from the Rules of Civil procedure, to answer about your discovery. CRLJ26(f) How Discovery to Be Conducted. Any discovery authorized pursuant to this rule shall be conducted in accordance with Superior Court Civil Rules 26 through 37, as governed by CRLJ 26. CR26(i) states: So, you have to try and request they answer (again), in good faith. Either in person or by telephone (careful about recording rules), you have to try and request they respond. THEN, if they don't you can file a MTC. What county are you in? Some judges I have seen around here love MTC show up on their calendar.
  11. Hey guys, quick question--is it okay to cite the same case law more than once in an opposition to a summary judgment? I am using one case twice, but it is definitely not my only case law I am using. Just wanted to ask, because I changed one of my cases I was using to a different one.
  12. @ByGeorge2004 If you don't mind me asking, what county do you live in? I ask because I am using the main WA state court case site, and it unfortunately doesn't give me access to the results of any of the cases filed in my court. Is there a particular site you're using to see detailed information like that?
  13. According to the rule you posted, you have 30 days to respond. Of course, the sooner the better if you feel more comfortable that way. Ha, I have to laugh because your case's affidavit is almost the exact same as mine, and just like in your case, they have no evidence in mine.
  14. From what I have seen, the courts here in WA are very pro se litigant friendly, and they have even told me some things I was quite surprised by. I don't see why you couldn't file an amended answer, as long as you do it quick. I would go to the court with an amended answer ready to go, and ask the clerk about your option. Even if they don't let you, you at least were able to raise your defense of lack of standing. Due to their case of being sued in, I don't think it will help you much considering a verdict has not been reached by the court yet. I could be wrong on that though.
  15. ByGeorge, I am also in WA and am being sued by a JDB. My case was filed in July of last year, so I am a bit further in my progress. I am guessing yours was filed by Midland? They put the wrong case number on mine, too, and I had the same train of thought. However, every single doc they have sent me since also has the same, incorrectly formatted case number. The court doesn't really care, though, so it's all fine. Have you already started a thread with your case? I am curious to see your progress!