Raum

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About Raum

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    Washington

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  1. Raum

    Filing MTC Help <3

    Okay! Thank you so so so so so MUCH, I cant tell you how much i appreciate your help. you are a saint haha
  2. Raum

    Filing MTC Help <3

    So i shouldn't continue and try to get dismissal WITH prejudice? Man, i cant tell you guys how much i appreciate all your help. you were a life saver for sure!!
  3. Raum

    Filing MTC Help <3

    So I just checked the court for an update and i noticed on my court information it now says: Case Status Completed/Re-Completed and: 06/03/2019 Motion to Dismiss 06/04/2019 Order of Dismissal Without Prejudice Judicial Officer Name, Name 06/04/2019 Case Resolution Dismissal Without Trial Dismissal without prejudice means they can sue me again in the future right? so this is just stating they ordered for dismissal and it was granted without prejudice and the final one is just stating that its dismissed? so now the plan is to take it to arbitration and later down the road request dismissal WITH prejudice correct? EDIT* dont know how to delete a comment but I answered my own questions. Went back and read the post cheese posted and figured it out. got excited and commented before going back and reading, I apologize.
  4. Raum

    Filing MTC Help <3

    whys that? i thought since my arbitration clause said they will pay for it they could. did i mess up to where i have to pay for it now? not a huge deal but just curious.
  5. Raum

    Filing MTC Help <3

    what was granted on my file details reads "COMPEL PRIVATE ARBITRATION & STAY CASE PENDING ARB" didn't mention status hearing, and i have but i didn't really see what to do next other than go to JAMS or AAA and file my arbitration. is that the next step?
  6. Raum

    Filing MTC Help <3

    So i had my hearing and the judge granted my motion to compel arbitration, what happens now and whats my next step?
  7. Raum

    Filing MTC Help <3

    @BV80 i actually got it from the last link in your signature, https://toughnickel.com/personal-finance/You-Can-Beat-Credit-Card-Debt-Collectors?utm_source=maven-coalition&utm_medium=hubpages&utm_campaign=liftigniter&utm_content=hp-related that the one that made the most sense to me when i was panicking.
  8. Raum

    Filing MTC Help <3

    @Harry SeawardI just did exactly what I said above, the other dumb stuff was using affirmative defenses that are useless.
  9. @Harry Seaward this is the other post,, the one i started with.
  10. Raum

    Filing MTC Help <3

    @Harry SeawardI see now why you said to keep it to one post, I made another post that you helped me with first. this is what it said: ***"First off thanks for reading i understand i have no idea what i am doing but have been trying to learn as much as possible. Any help is greatly appreciated,i am trying to join the military and until this is resolved i cannot join. Received Summons that a lawsuit was started against me by a Debt collector who hired a debt collector/attorneys office? Plantiff alleges: 1. lantif is a limited liability company in good standing, has all necessary licenses and has paid all applicable fees including being duly licensed as a washington state collection agency. 2. Defendant is believed to comprise of martial community under laws of the state of Washington and are believed to reside in SKAGIT county. Each of the acts or occurrences set forth herin benefited them individually and benefited their marital community. 3. Plantiff is successor in interest to (Bank) and to account xxxxxxxxxxxxxxx5175 4. (Bank) extended defendant credit in exchange for Defendant promise to pay the balance of the credit account they used. 5. Defendant failed to pay (Bank) the balance of the credit account. 6. Defendant owe Plantiff, as the successor-in-interest the sum of 3,473.00. Plantiff prays for judgment against defendant has follows: sum of 3,473.000 minus any payments for cost of suit and for such other and further relief as the court deems just and equitable. After reciving this I responded with an answer, Affirmative defenses and Request for Production, requesting: 1. Please produce any credit application signed by defendant 2 Please produce a copy of the executed contract in (credit card company)'s possession setting forth the term Defendant is alleged to have agreed to in connection with the card at the beginning. 3. Please produce a copy of any modifications to those terms specifically agreed to by the Defendant. 4. Please produce a copy of all statements from the beginning of time to present. 5. Please produce detail regarding alleged charged amount, type, and date. 6. Please produce evidence of all payments received. I responded with: I lack knowledge about the truth and so deny the statements in paragraphs 1,2,3,4,5 and 6 of their allegations. Affirmative defenses were: Failure of consideration and "Scieti et volenti non fit injuria". <---- which i now know is useless... The Plantif responded with some bank statements and what appears to be a bill of sale for my debt maybe? At the end of a mountain of paperwork and law jargon a page is found with the option to pay the law firm/debt collector via a website. At the very bottom in bold letters states: This communication is from a debt collector. This is an attempt to collect a debt, and any information obtained will be used for that purpose. A Case number is now included and i called the superior court and was told its legit but no court date has been set. Today I received request for admissions, request for production of documents and Plaintiffs first set of interrogatories to defendant."**** I participated in a discovery and did some other dumb stuff due to panic and the first thing I found on the internet that made sense to me. did i shoot myself in the foot? I found this info too late, I didn't find this forum until I responded with a request for production and some bad affirmative defenses.
  11. Raum

    Filing MTC Help <3

    She just informed me that they can file a response to my motion. What would happen if they try to say I waived it by doing a discovery?
  12. Raum

    Filing MTC Help <3

    to be honest i am not sure, i was just told to file a hearing date which is scheduled on the 3rd and that i had to inform them of the motion hearing. i can find out more info soon, i am planning on heading to the court today to get more info. i just included the hearing paperwork with my copy of the MTC and answers to their discovery. I've tried finding more info with my states rules but didn't find much about them being involved.
  13. Raum

    Filing MTC Help <3

    @Harry Seaward so when I submitted my MTC i was told i had to schedule a hearing for my motion. what can i expect from this hearing will the judge just look at the MTC i submitted and just decide? i had to mail a notice to the JDB as well. will i need to say anything special?
  14. Raum

    Filing MTC Help <3

    Thank you so much @Harry Seaward and @fisthardcheese Really really appreciate it, helps out a lot and have seriously diffused a lot of stress for me. ❤️
  15. Raum

    Filing MTC Help <3

    Thank you so much, so i was planning on sending out my answers as well as a letter to the DC stating something like: "NOTICE OF ARBITRATION ELECTION Pursuant to Elan Financial Services cardholder agreement, I ELECT arbitration via AAA to resolve all of our disputes. As per the agreement, "If you or we elect arbitration of a claim, neither you nor we will have the right to litigate a claim in court or to have a jury trial on a claim." The agreement further states, "You or we can choose to have binding arbitration resolve any claim, dispute controversy between you and us that arises from or relates to this agreement or the Account and credit issued." As of this notice you must dismiss or stay any and all actions in regards to the alleged debt pending the result of the Arbitration. NAME NAME Certified Return Receipt #_________________________" at the same time as i file my MTC with the court. Was going to include an affidavit with all things being sent to court and the DC, is this necessary and is this an okay plan? or should i file MTC first? I have my MTC written out just need to print include my agreement and possibly a copy of the letter above being sent to DC.