Nala

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About Nala

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  1. Yes. Please answer the following questions for us to be able to effectively help you: It would help if you would start your own thread and answer the following questions when you do: 1. Who is the named plaintiff in the suit? PNC Bank Wealth Management 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Suttell, Hammer & White, P.S. 3. How much are you being sued for? $9,792.00 together with interest thereon at the highest legal rate, and any further sum which may be proven at the time of trial, and a reasonable sum as and for plaintiff's attorney fees; that such judgement shall bear interest at the highest legal rate after entry; and any other relief as the court deems just and equitable. 4. Who is the original creditor? (if not the Plaintiff) PNC Wealth Management 5. How do you know you are being sued? (You were served, right?) Yes 6. How were you served? (Mail, In person, Notice on door) Person (not a sheriff) 7. Was the service legal as required by your state? Process Service Requirements by State - Summons Complaint WA State: A notice of appearance, if made, shall be in writing, shall be signed by the defendant or his attorney, and shall be served upon the person whose name is signed on the summons. In condemnation cases a notice of appearance only shall be served on the person whose name is signed on the petition. I was not asked to sign anything. 8. What was your correspondence (if any) with the people suing you before you think you were being sued? None with me. I am a co-defendant and a co-signer on a low-interest student loan from a family fund that gives out these grants to students. I think they contacted him (the attorney) to work out a payment deal. They wanted a lot per month and he could not afford it. I need to ask if he paid anything and when was the last payment. 9. What state and county do you live in? WA and King 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) I am finding this out and will post answer when I have the information. 11. What is the SOL on the debt? To find out:4 years This loan was taken out in 2010 and 2011 for $2,500 each 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). served, no motions filed or court date set 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) no, and neither has my son 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. No 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? 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. It came with : 1.The actual suit which has our names and part of an account number (the last 4 digits the others are x's) and how much they say we owe. 2.Amended notice to service members and their dependents 3.Amended complaint: which states they are a legal entity, paid their license and that they believed that the defendents are married, which is not true. He is my son.
  2. I was recently served in person at my home by a law firm representing the bank my son got a private student loan from. The attorneys are Suttell, Hammer and White, P.S. and this is a lawsuit. If I do not answer, it says this could lead to a default judgment against me and my son. My son had tried to work with them to bring the payment down they demanded but I don't know if he made any payments and if so, how many and when was the last one. I will find this out tomorrow. The amount is 9500 and they mention of fees will apply. My son's original loan was $5,000. There is no court date (which means there could be) and I will need to check on line. I want to answer this without a lawyer and found a tool for Washington state to answer the complaint. I think, however, the statue of limitation is up, but I have to confirm if he paid anything yet. The debt was incurred in 2010 and 2011, which is 6 and 5 years. I have attached the document tool that I used to answer the complaint. My son used the same tool. Any thoughts? answer example.docx
  3. Hi, thank you for your response. This is a new lawsuit. it starts by A lawsuit has been started against you in the above enttitled court by the above named Plantiff which is the name of the bank. ... This company had tried to collect with my son but they wanted a real high payment and he could not keep the arrangement. So does that mean they represent the bank or did they buy this and are going after it? I found a website by Washington Law help (.org) I want to answer to this by Friday. Is this attached file the way to deal with this? 0205en_how-to-answer-a-lawsuit-for-debt-collection (1).pdf
  4. Hi, I need help with a legal matter concerning this company ( Suttell, Hammer and White). Can someone recommend a good (affordable) attorney to respond to the default judgement which was served a few days ago? They have the plaintiff as PNC Wealth Management. In the document, they assume I am the "wife," which I am not. I cosigned a loan for my son for school. They do say it is a student loan which it is. My son had tried to work with them but they would only accept a high repayment amount. I did not know it had gotten to this point. I don't want them to garnish my wages or his. Is there an attorney someone can recommend? I noticed a letter someone wrote that can be used. Do they have to respond to every single question? If they don't what happens? Do you think they are actually representing the bank or just collecting a debt.? Please help, I have about 15 more days to respond and when I do, does my son have to send a separate letter in his name or can we do one? I just want to make sure they do not garnish my wages. Thanks