×Jen×

Members
  • Content Count

    17
  • Joined

  • Last visited

Community Reputation

0 Neutral

About ×Jen×

  • Rank
    Member
  • Birthday 08/30/1983

Profile Fields

  • Location
    Washington
  1. About a year ago in august I recieved a summons & complaint from midland funding for a breach of contract. I sent a notice of appearance within 20 days and drafted my answer.... I know I'm an idiot, but I never filed the answer. Either way, Just the other day my room mate was given some papers (served) a fairly large stack of papers feom midland that included a note for motion socket, notice of hearing, motion & declaration for default judgement, supporting declaration with attached exibits & cost bill. She completely forgot to give me this packet until just a couple hours ago..Great. The hearing is for later today.. Awesome.. this literally gives a couple hours to pull my head out of my a** and figure this out. I'm obviously very angry. But what can I do? So everything I wrote in my answer has now been given to me, and I can no longer use it. Right? This is probably wishful thinking, but is there anyway around having to file an answer? Would I be able to file a motion to compel arbitration in lieu of an answer?
  2. I found this a little while back & I thought it might be helpful in case anyone had the same question I did. Yes, it is a violation to list the name of a Health care facility on your credit report. This is from the Civil Liberties Office web site. H. Covered entities may report to consumer credit reporting agencies in accordance with the Fair Credit Reporting Act (FCRA, 15 USC § 1681). These disclosures are limited to the following PHI about the individual: 1. Name and address. 2. Date of birth. 3. Social Security number. 4. Payment history, and account number. I. Minimum Necessary. Covered entities should make reasonable efforts to limit disclosures of PHI for payment purposes to the minimum necessary to accomplish the intended purpose of the use, disclosure, or request.
  3. @MisterLoon I am so sincerely thankful for how much thought & time you've put into your responses. Thank you so so much! It was my understanding that in arbritration you have less protections, the rules of evidence don't apply, and you have less of an opportunity to appeal ... But if you truly think arb would be my best route, then I trust your judgement and I plan to start researching today. I haven't been able to find much about the law firm on this site.. but I do know that he has 2 public reprimands in Washington state (hes from Oregon) one from Sno county and one from King. Would you be ok with me sending you a PM? I have a question.. but don't want to give out too much specifics..
  4. @sasha0378 @MisterLoon Thank you guys so much for your insights.. I hate to admit this.. but so far I've only filed a notice of appearance with the courts. I havent answered yet.. I've been doing a ton of research everyday. I guess i just want to make sure I dont approach this the wrong way. Im not sure I want to go the arb route. It seems like too many things can go wrong.. Ive been checking the wa state court cases website to make sure I don't have a court date.. I've also been checking the attorneys bar # to make sure my name doesnt show up under his court dates aswell. I havent received anything from the courts so far.. but I do get phone calls from the attorney periodically.
  5. I havent been able to find any definite answers on this question. it seems to me that a collection agency should not be reporting the name of the health care facility .. for example the name of a drug treatment facility...wouldnt that be horribly embarrassing? Aren't they supposed to used specific codes?
  6. If you havent filed a notice of appearance yet, you should check out this link and print it out if you can..(if for Washingtonians like you & me!) then read thru the section about 'notice of appearance' . it will guide you through the proper way to file it with the courts. https://www.washingtonlawhelp.org//resource/how-to-answer-a-lawsuit-for-debt-collection After you do that, it's my understanding that you don't have to worry too much about filing your answer within 20 days. so after you file your notice of appearance, at some point the plaintiff will file for summary judgment and they'll notify you of when that hearing will be, thats when you make sure your answers are ready. You can file them any time before then too..
  7. I've been wondering about arbitration.. I'll start researching today. Thanks so much for taking the time to respond. Just wondering .. which state are you from?
  8. Thanks so much for your response. I have since responded with a notice to appearance via certified mail. I'm glad you mentioned this because I wasn't exactly sure if that would help my situation. I should be done with my answer within the next day or 2.. it's my understanding that I more case law that I include, the better.. . But I'm not sure which affirmative defenses apply. As for arbitration.. Im worried its a little too risky and I havent done much research on it. Thanks again for your response.
  9. I responded to your answer from my thread... but im not too familiar with how messaging works on this site so I'm responding here too. I left a link on my thread for the question that you can answer in order for any one to help you.
  10. I havent really gotten an aswer from any one yet.. But I've been researching as much as I can and my answer is almost finished. How similar is your case? I'm not sure how much I can help but Im more than happy to share any info/answers with you, i just need some information about your case. In the same spot where you found this thread, you'll find another thread called "questions to answer" or something like that.. if you can answer the questions the same way I did, I can definately do my best to try & help you
  11. Would it work if I answered each allegation with: " I lack the knowledge or information to admit or deny plaintiffs allegation"? Except for paragraph 3, where I would admit in part..