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TJ178

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  1. @Clydesmom thanks for that link, i will give that a try
  2. Is there anyone here familiar with WA law who is willing to help me out/give detailed advice on what I should do next and how to do it? I'm completely lost in legalese. I really don't know where to start.
  3. Ok. I'm still a little lost. Is this the right form for an opposition motion? https://www.piercecountywa.gov/DocumentCenter/View/25295/NOTE-FOR-MOTION-HEARING-FORM?bidId= Also, what would be my legal basis for opposing their motion? i'm assuming what i'd like the judge to order is a dismissal of the summary judgment?
  4. Ok, thanks for that. I found this page on my county directory: https://www.piercecountywa.gov/859/Forms-Resources Where would i find the form that you're talking about that i should file first? Can I fill out my information with that template exactly or would it be different for my state?
  5. 1. Who is the named plaintiff in the suit? Midland Credit Management 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Gordon, Aylworth, and Tami 3. How much are you being sued for? Originally it was $6980 but after I sent my Answer, they're now seeking $1272 (they dropped one creditor so i guess they didn't have evidence for that one) 4. Who is the original creditor? (if not the Plaintiff) Comenity Capital Bank 5. How do you know you are being sued? (You were served, right?) I was served with a complaint back in June. I sent an answer denying all allegations and they dropped one of the creditors, but now have sent me a packet of stuff that includes a motion for summary judgement, which is why I'm posting here for next steps. 6. How were you served? (Mail, In person, Notice on door) Mail and in person 7. Was the service legal as required by your state? As far as I know 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? They sent a number of requests for payment 9. What state and county do you live in? WA and Pierce county 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 2019 11. When did you open the account (looking to establish what card agreement may be applicable)? 2017 12. What is the SOL on the debt? Not sure but i think it's well within 13. 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). I've looked the case up online and the status field is blank. In the packet I just received, i have their requests for a motion for summary judgement. Online, it looks like it was approved as it says scheduled for January 13. However, I don't have anything in writing for that as nothing they sent me was signed by a judge. 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? Note: if you haven't sent a debt validation request before being sued, it likely won't help create FDCPA violations, but disputing after being sued could be useful to show the court that you dispute the debt ('account stated' vs. 'breach of contract'). No, I only asked for it in my answer and they did send me photocopies of my statements. 16. 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? My main question right now is how to respond to the summary judgment or if i can. I was given 21 days to respond to the original summons, and I did so. I have no idea about this one. 17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Originally, all they sent was the complaint. As of November, they've now sent affidavits and statements from the OC. 18. How did you find out about this site? I was Googling for information on responding to a summons for debt collection.
  6. Hello, just looking for some advice on how to proceed with a Midland lawsuit. Should I use something like Solo Suit to file an answer? Consult a consumer debt attorney? File notice of appearance? Something else? There's no case number and they didn't send any statements or any other proof of my accounts or whatever. It's in Pierce County district court. The Capital One debt is likely legit, but I'm not sure about Comenity as it says ultimate rewards MasterCard and i never had one of those. I have no assets and limited income, which according to the laws of my state, I'm pretty judgment proof so i'm not even sure why they would want to sue me. ANyway, advice appreciated! Info is below. 1. Who is the named plaintiff in the suit? Midland Credit Management Inc 2. What is the name of the law firm handling the suit? Gordon Aylworth & Tami 3. How much are you being sued for? $6900 4. Who is the original creditor? Comenity, Capital One 5. How do you know you are being sued? (You were served, right?) served by process server to other person in my house 6. How were you served? (Mail, In person, Notice on door) via another person in my house 7. Was the service legal as required by your state? I assume so (they gave it to another person in my house, no mailings) 8. What was your correspondence (if any) with the people suing you before you think you were being sued? debt collection notices by mail and by phone 9. What state and county do you live in? Pierce County, WA 10. When is the last time you paid on this account? Approx 2 years 11. What is the SOL on the debt? 6 Years 12. What is the status of your case? Suit served? Motions filed? Served 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) no 14. Did you request debt validation before the suit was filed? No 15. How long do you have to respond to the suit? 20 days 16. What evidence did they send with the summons? just a complaint stating that i breached contract with the original creditor and that Midland bought it and a copy of their business license
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