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About ByGeorge2004

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  1. Last night I received a packet from the attorney's representing capital one for a motion for summary of judgement. This suit started in March when I was served the summons. I responded and listed 3 affirmative defenses. 1) Plaintiff failed to state a claim upon which relief can be granted. 2) Lack of Privity (Defendant never entered into a contractual debtor/creditor agreement with plaintiff. 3) Statute of Frauds (contract or agreement falls within a class of contract or agreement that is required to be in writing.) There has been no discovery process. They have simply attached about 24 months of account statements. There is no contract at all and not a single piece of their evidence has my signature on it. They have scheduled the motion for a week from tomorrow. I have to work that day as well although I may be able to have my shift traded. What is the best thing I can do from here? Or am I just at the mercy of the judge hoping their evidence is not enough to over come my defenses? Thanks!
  2. Thank you very much for your help @shellieh98 They are now at 40 days, I will send that out to them this week with the cmrrr.
  3. I noticed that in the Washington court rules I do indeed need to do a meet and confer. Can you or anyone enlighten me on that process? Is this just a letter I send out to them asking to set up a meeting? Should it be filed with the court? or should I just call them and ask to set something up? Any help is great, thank you!
  4. I sent the Request for production a month ago, and have not received any of the requested documentation. I am assuming my next move is to file a motion to compel?
  5. Thank you all for the answers. I will need to make sure my rfp follows the rules. Does Washington only allow 5 requests?
  6. Also, do the discovery documents get sent to the Plaintiff's lawyer, the plaintiff directly, or both?
  7. Hey everyone, I had a question in regards to my case. When it comes to the discovery phase, is there a specific order I should be sending out the forms? I have written my request for production, should I file interrogatories first, then the request for production, or does it not really matter? Any tips would be great, thanks!
  8. Thanks for the information everyone! I have not started a full thread in regards to my cases. Yes, cases. Out of no where I was hit with 2 suits. One is from capital one, an OC suit, which will undoubtedly be a tough one, but I dont remember signing a physical contract with them, and it was in 2005 when the account opened, so I will challenge them to produce the documents! My other case is a little further along, thats vs GTF Services, a JDB with a terrible reputation. They are currently being sued in Colorado by the Colorado Attorney General for producing fraudulent documents in relation to debt law suits. The OC is US Bank. I am fighting this one hard because there is no way I owe them the amount of money they are trying to sue me for. Based on my research, GTF Services has sued 20 people over the last 3 years in the county I live in. 18 people lost by default/not responding to the suit, 2 people have fought it and had it dismissed. I like my chances in that one! I will start threads with those shortly!
  9. I have a quick question for anyone who can at least point me in the right direction! After filing my answer to a complaint in a law suit over a debt in Washington state, I looked up the case online, only to find the plaintiff put the incorrect case number on the papers that were served upon me. The case number on the complaint, and my answer is XX035X The case number on file with the court is XX0035X Does this provide me with any grounds to have this case dismissed? Or at least force the plaintiff to re-start the process? Any info would be great, thanks!
  10. The OC is US Bank. As far as a borrowers statute, I have not found anything.
  11. Good evening! I am glad I came across this forum, I have been doing extensive research over the last few weeks in defending my self vs a debt collector in a civil suit in the state of Washington. I was served back in late February for a debt with a bank the plaintiff states I incurred. The complaint did not have a case number associated with it, but it stated I had 20 days to respond and that I had to demand the plaintiff bring forth a law suit. I answered that simply by writing a paragraph that stated I wanted the plaintiff to bring suit with the Superior court. By mid March they had filed, then filed a motion of default with a hearing set for mid April. I then submitted my answer to the court 3 days prior to the hearing, and mailed a copy to the plaintiff. I attended the hearing anyway to make sure there was no funny business. The Plaintiffs lawyer stated he had not yet received the answer, and that was why he didnt cancel the motion. The motion was then cancelled and thats where we stand right now. My next concern is, My answer was as follows: COMES NOW the Defendant (Names removed) in answering the allegations of the Complaint on file herein, affirms, denies and alleges as follows: Answering count 1: The defendant does not have enough information to admit or deny. Answering count 2: I ADMIT - The defendant named above resides or does business with in the jurisdiction of this court. Answering count 3: I DENY - That the Defendant is indebted to the Plaintiff under the terms of a written agreement and DENY that the Defendant is in default of said terms. Answering count 4: I DENY - The terms of the written agreement allow for liability for court costs and attorney fees. Answering count 5: I DENY – That although the demand for payment has been made, payment has not been forth coming, and there is now due and owing under the Defendant's agreement the sum of $XXX.XX as of April X, 2010. The Defendant now brings forth the following Affirmative Defenses: DEFENSE 1 – LACK OF STANDING Defendant answering the Complaint herein, alleges that the Plaintiff has not provided any documentation or proof of the debt. DEFENSE 2 – NOT A COMMUNITY DEBT Based on the information provided in Complaint page 1 paragraph 5 the debt is dated April 6, 2010. Defendant (Name removed ) was not married until XXXXXXX XX, 2012. This is not a community debt. WHEREFORE, Defendant prays for dismissal of this case (XXXXXXXXXX) in the Superior Court for the State of Washington in and for the County of XXXX. I was traveling for work last week and and to put this together rather quickly. As I have researched further, I think there may be more defenses I should use or at least better put together affirmative defenses. I am asking if anyone who is familiar with Washington's civil procedure would be able to help me out. My first question is, since this was filed a week ago, can I amend my answer and provide more or differently worded defenses? According to: "Amendments. A party may amend the party's pleading once as a matter of course at any time before a responsive pleading is served or, if the pleading is one to which no responsive pleading is permitted and the action has not been placed upon the trial calendar, the party may so amend it at any time within 20 days after it is served." Does this give me the opportunity to file an amendment with the court? If so, in your opinion, which defenses should be added? Second question, as this point since I have answered the complaint, if I cannot amend this response, is it ok for me to initiate discovery and file a Request for Production? Finally, the debt collector who is suing me is currently being sued by the Colorado Attorney General for the creation of fraudulent documents in relation to debt law suits. IS there any way to bring this to the attention of the court to at least make the judge aware of their business practices? or because this is in another state, this would not be anything the court wants to hear about as it does not pertain to Washington? I know this is a lot. Thank you in advance for any help you guys and girls can provide me! Based on my research of this company suing me, they likely do not have the legitimate evidence necessary to get a judgement against me. I have also searched my credit reports and this company suing me does not show up any where, nor does the original creditor.