Amazed1

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About Amazed1

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  1. Yes. I responded to the lawsuit. The attorneys do not return calls. Once I showed them the letter requesting arbitration, I cant get them to respond to me at all. The court date was continued because their attorney did not show up. I thought it should have been dismissed when they didn't show up but the court said there were phone problems at the courthouse and they might have called in but the phones were down so the judge continued it. I do not know what to do now.
  2. Yes. I responded to the lawsuit. The attorneys do not return calls. Once I showed them the letter requesting arbitration, I cant get them to respond to me at all. The court date was continued because their attorney did not show up. I thought it should have been dismissed when they didn't show up but the court said there were phone problems at the courthouse and they might have called in but the phones were down so the judge continued it.
  3. A while back I received a letter from Discover threatening to take me to court. I followed advice on this forum and requested JAMS arbitration at the same time (in the same letter as) I requested validation of the debt. They sent me a packet of old statements etc. which they intended as validation in response to my request. They didn't say anything about hte arbitration I requested. I waited for them to let me know about the arbitration request but didn't hear back from them again until I was served with papers asking the court for a Judgement. I provided them with a copy of their validation letter which was their response to my letter requesting validation and JAMs arbitration. (I don't think they read the entire letter because they missed the JAMS request part- or they completely ignored it. ) . So what do I do now? I am worried that because I waited to hear back from them how to proceed with my JAMS request, they might say I was supposed to set it up? I thought they were supposed to make the next move- at least acknowledge my request? Do I go to court and ask the Judge to dismiss because they are in violation of the agreement stating if one of us requests arbitration then we cant take it to court? Thanks!!!
  4. My apologies, I was being facetious when I said "years" 9 to 12 months would be helpful. I cant do anything right now. I expect to have a settlement from my own PI case in about 9 to 12 months- that is why I'm in this mess and it is my only way out. I really appreciate your direct responses. Respectfully, I have no choice but to arbitrate because I need to buy time and because I cannot afford an attorney. If I have to pay attorney fees later, so be it- I dont have the n=money to hire one now- I am injured and cannot even consider trying to appear in court pro se. I would not expect to win in either venue so IF I can buy time.. its the only hope I have for my particular situation. My questions were more about the paperwork not how to win or whether to arbitrate. I have to arbitrate, I was looking for help with how to file the papers to ensure that happens.
  5. Thank you for the link. I'm headed there now. Yes, I am hoping they will arbitrate and draw it out for a few years. Its better for me than court. I will lose either way Court I lose more and I lose it faster.
  6. I want to add that there is no Court Date on the summons - I don't understand that. Does that mean I just send in my response then they will decide a court date later? Will a judge determine a MTC without a court date? I don't mean to be stupid- its just it seems there's a lot of istuff that doesn't make sense. - It just says to respond in writing. Can anyone help me clear up this muck? I've decided to go the Arbitration route. There are many good samples for the motion I can copy and adapt to my situation. What I cant figure out is the timing and what other docs. I need to file. Is it: 1) Notice of Appearance (file immediately) 2) Answer to Plaintiffs Complaint (file just before 20 days with court and send a cert copy to the Plaintiff?) 3)Affirmative Defenses ( file just before 20 days with court and send a cert copy to the Plaintiff?) 4) Motion to compel Arbitration( file just before 20 days with court and send a cert copy to the Plaintiff?) So 4 separate documents. Attaching the Discover contract with the arb JAMS verbage to the motion to compel? Can I file them all at the same time- send them at he same time? Does the 20 days mean postage stamped date to the plaintiff? SO many details I am not sure of. Any help with any of these.... sure appreciate it- Thanks!
  7. I looked up JAMS consumer reports and I got a great Spreadsheet for CA. I could not find anything for JAMS (other than various berries) in WA. Do you know where I might find data for JAMS in WA? They do have JAMS in WA... don't they?
  8. Thanks to those who replied- I cannot figure out how to respond to you on this forum. Mr. Loon, would you beable to private message me the lawyer in SPokane name? I looked it up and it seems there are several. I do want to call them out for ignoring my JAMS election- but I dont know where or how to do it. Would I file it as a separate document- say one called " motion to Dismiss"? based on they breached their own contract by ignoring my election and slapping me with a law suit? (just thinkin)
  9. I'm being sued by Discover. Im not sure about how to navigate this forum. I read to post in the "is there a lawyer in the house" but I don't know how you guys find that. If Im inthe wrong spot- please do let me know. Thanks! I sent in a request for arbitration with JAMS back in May. They ignored my request which is evidenced by the papers they had served to me yesterday. I elected arbitration because I need to buy time. I do not have funds to negotiate with I do not have an income. The reason for the "breach of contract" was a personal injury which is also in litigation. I wanted to buy time with Discover til the litigation in my PI case was settled then neg a settlement with Discover at that time. I dont expect a settlemnt in the PI case for one year as my attorney in that matter just filed. Anyone? Should I just let them get their judgement and deal with it when I get my settlement since I have nothing to barter with? How much damage can they do with a judgement? Take my car? My home? Im at a loss and have no clue what to expect. Also feeling a bit sorry for myself as this would not have happened if I had not been injured. (sob Sob.. sorry everyone has their story- and I know noone else cares- especially not DISCOVER) so... please advise? I thought maybe calling them out for practicing as a collection agency without a license in WA State- but even if the Judge bit on that, it probably wouldnt dismiss. I have read through these forums to nausea and as helpful as they are- I dont understand how to respond to the paperwork. Is there a step by step somewhere? Thanks so much! Oh.. I did see I need to answer some questions: 1. Who is the named plaintiff in the suit? DISCOVER BANK 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.)Suttell & Hammer, P.S. 3. How much are you being sued for? over 15k 4. Who is the original creditor? (if not the Plaintiff) Discover 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) at home, answered door 7. Was the service legal as required by your state? think so, yep 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? I sent a letter in May requesting JAMS. a few letters from them since offering settlements but I have not responded. 9. What state and county do you live in? WA , Kitsap 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) still in statute (no luck on that one) 11. What is the SOL on the debt? To find out: 6 years 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). Im not sure what this means 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) I disputed with Discover when I requested JAMS they sent me a questionaire from the Fraud department- I did not fill it out. 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. YES, they sent me copies of a few statements and a few cashed checks of payments to the account. 15. How long do you have to respond to the suit? 20 Days . 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. Breach of Contract Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit? no 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. NO evidence, they listed within the document the last 4 of the card number, that I had made payments, that I had used the card... that kind of stuff.
  10. Hi all- I got served today. I had been on this site before and followed Linda7 advice- sent a letter: "I dispute this alleged account. As per the FDCPA, I have the right to request proper validation of the alleged debt. I elect private contractual arbitration via JAMS to resolve any disputes between us. All phone calls are inconvenient, so all communications need to be by mail." I did get a letter from their fraud department a bout a month later asking why I disputed. I didn't respond to that.I also got a package with some statements , cancelled checks stuff liek that, which I just set aside for later. I've been pretty out of it from an injury and trying to deal with recovery and the legal proceedings of that as well. Today I was served at my home- it was a legal serving. I'm in Washington State. They claim I owe over 16k. (I dont think its that much) Firm is Sutter, White Hammer I Checked and they do not have a "collection agency " license which I think WA state requires (my eyes are bleeding from all the reading but I read if a law firm practices majority of collecting debt for their clients then they are considered a "collection agency" and require special licensure- which Sutter, Hammer and White don't seem to have under WA business lic search. I don't know if that's my loophole? I wanted to go for arbitration just to buy time, but am afraid that will end up costing me a bunch more for the fees. I was injured and lost my ability to earn virtually overnight. Its been 2 years. I paid my debts for one year then I just havent been able to keep it going for the last one. I had surgery a few weeks ago and all the sob story later- I believed I just need to buy time and maybe pay them off with the settlement from my lawsuit (injury) But that is taking longer than I thought. All the advice i get is to hire an attorney- If I could afford an attorney, ID just pay the debt. I have no money at this time to negotiate with. Id file Bankruptcy but I cant because of the lawsuit. Any advice.. Everyone seems so knowledgeable. I love the way you guys help. I hope one of you will see this and help me. I want to respond to the summons it says to do so in writing within 20 days. I thought I would say I had requested arbitration... and was waiting for a response to that. ? Can anyone offer any guidance what do I do next?
  11. Have you gotten an answer yet? I'm in a similar boat here in Kitsap County Civil WA State. I'd like to know what you did and how it turned out- I cant tell if this is recent this year or old (sorry)- Heck you're way ahead of me- I cant even figure out how to start a thread. I'll be watching this one and hoping you get answers that will help you- maybe I'll get lucky and be able to apply them too.