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About Dude-In-WA-State

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    Washington State

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  1. I need an affidavit stating that the CC agreement I submit with my MTC arbitration is the correct agreement. I have tried searching this site and Google for an example but have not found one. Do you know of an example affidavit that I can use?
  2. Thank you @WhoCares1000 Do I need to start the arbitration prior to filing my MTC arbitration, or wait for the court to approve my MTC?
  3. I'm being sued by Midland for about 10K. When reading the Synchrony/GAP agreement it says, Can't Midland just say they don' believe I'm acting in good faith and refuse to pay the arbitration costs?
  4. So it turns out that my local court has not updated their online case files in months. On May 4th a default judgment was issued against me. Is there any way for me to get the judgment overturned and get this case into arbitration?
  5. @fisthardcheese In my Affirmative Defenses I elected to exercise arbitration. Should I also send a registered letter to the attorney letting them know I am electing arbitration?
  6. I found one from 2018 on the CFPB website that I was going to use as it was the one in effect when my account was last in good standing. I need to find an example of an affidavit attesting that this is the correct agreement.
  7. I just put, "I lack knowledge about the truth and so deny the statements" for every count. For my affirmative defenses I put, "Lack of Subject Matter Jurisdiction – The underlying contract contains a private arbitration clause which the Defendant has elected to exercise. Therefore, This Court does not have jurisdiction to hear this matter. "
  8. 1. Who is the named plaintiff in the suit? Second Round 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Gordon, Aylworth & Tami 3. How much are you being sued for? Aprox $4,000 4. Who is the original creditor? (if not the Plaintiff) Comenity Capital Bank / Good Sams Reward VISA 5. How do you know you are being sued? (You were served, right?) Was served 6. How were you served? (Mail, In person, Notice on door) In person 7. Was the service legal as required by your state? I believe so 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? Typical collection letters 9. What state and county do you live in? Washington State 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) It is not outside SOL 13. What is the status of your case? Suit served? Motions filed? No activity since the Summons & Complaint was filed 14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No 15. Did you request debt validation before the suit was filed? No 16. How long do you have to respond to the suit? I was served at the end of February. I never filed an answer. Checking the court website shows no activity since then, probably due to the COVID shutdown. I am filing my answer and notice of appearance with the court in two days as well as mailing a copy to the attorneys. 17. What evidence did they send with the summons? Only their business license. I plan to file my answer and notice of appearance even though it is late this week. Next week I will work on the MTC Private Arbitration and the affidavit for the credit card agreement from 2018 when the account was last active.
  9. I was served a summons and complaint, by a law firm representing a JDB, at the end of February. I didn't know what to do so I didn't send in my answer in the 20 days allowed. I just discovered this site and now wish to take the case out of the court and into arbitration. I checked on the court website and there has been no activity on my case since then, probably due to COVID. Is it too late to send in my answer?