burdies4

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About burdies4

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  1. BV80 or others..."No. A signed contract is not the only thing that can prove a contract. In fact, there usually is NOT a signed contract in credit card cases. Courts have ruled that actions can imply a contract." Does this mean that if the lawyer can produce a years worth of account statements that is all they need to prove a contract? Trying to figure out my next step here... Thanks!
  2. I looked in the local court rules and not finding any additional detail regarding any local timing differences from state rules or delivery requirement rules at the local level different from State level. Sounds like I have no recourse with the lawyer. I am just trying to understand where I'm at here, based on your best understanding of the situation. Since the timeline for my hearing is less than 11 days and there doesn't appear to be any requirement on the part of the attorney to provide me with notices via CMRRR, does this mean my next step is to verify with the court the hearing time and
  3. Question: "The motion and any supporting affidavits, memoranda of law, or other documentation shall be filed and served not later than 28 calendar days before the hearing." This was post marked exactly 28 days prior to this court scheduled hearing from out of state. Not sent Certified Mail, just first class mail. Is that acceptable? Sounds like I might not have recourse here? I still haven't been able to confirm the actual hearing time/date since it's not on the court website. I guess I need to call and check.
  4. hmmmm.. the hearing is this week. so it sounds like I missed the boat? Quote
  5. I checked the court website, I can see the case however the status section has no information and no court time/dates. The notification sent to me by the attorney was initially sent Certified mail. I didn't sign for it so it was sent back and they just first class mailed it to me and threw the US post office signature form (not signed) in with the package. Where should I go to the the details for submitting the "opposition to their motion for summary judgement"? Do I need to do this before the court appearance or can I submit this at the hearing? Sorry, I feel so over my head.
  6. Hi all, I'm back and could use some direction here... BTW, to answer the last post, I did as instructed and filed the answer with the court and sent a copy to the law firm. Since then things have been crazy with a terminally ill immediate family member who passed away in October. I've been distracted and it appears I have missed a deadline. I received a response from the lawyer in August "Plaintiff's first request for production of documents" this document is requesting me to produce documents relevant to the matter. I did not respond to this request. (it asked for any and all documents def
  7. Racecar and all, THANKS so much for your help! I will spend the next couple week researching all the great details you have provided. I can't thank you enough. One last question, (based on the guidance in the answer, can I send this answer by CMRRR or should I find someone in the lawyers town to serve the Answer?)
  8. I have been reading on this site for hours. I also own GCIS (2nd Ed) but I have situation I believe I may not be able to fight based on what I've read. Looking for verification. Received a letter from lawyer on behalf of Midland Funding threatening legal action if bill wasn't paid in full. Sent debt validation letter to lawyer. Received the following within a week: Copy of account statement Copy of Bill of Sale and Assignment (showing sale of debt from cc company to Midland Funding) Approximately a week later was served with a Summons for "Breach of Contract" Not sure how to respond to
  9. Thanks for the responses. The check I wrote for full payment was deposited into the HOA account and they know it's paid in full. They all seem to be scared because they signed some contract with the collection agency that they won't talk to any homeowner that the collection agency is "dealing with". What I can't understand is that this bill is paid in full. I have the bill and I have the canceled check showing deposited into HOA account. The collection agency isn't reporting this as a collection and they haven't responded to my debt validation letter. I do have one board member who has commi
  10. To begin I bought GCIS (2nd Ed) and I've done a massive amount of research. Not sure how where to go from here... I received a demand for payment on my Home Owner Assoc. bill which I - Paid in full - check cleared the bank - and then agency (acting on behalf of my HOA) turned my account over to collections. I believe this activity may have crossed in the mail. Now the HOA agency will not pull back account from collection agency even though it's paid in full. I received a letter from collection agency announcing they are going to begin foreclosure proceedings unless I pay them late charges
  11. Thanks for the information! Appreciate it! Can someone help me answer this so I can respond before I miss my deadline? In ansering the complaint the only question I don't know how to answer is... III. Plaintiff is duly licensed and subsisting Washington corporation, and a licensed collection agency. Plaintiff is assignee in writing of the claims of the assignor(s) named below. My question: Do I respond to this by answering "Admit" or do I respond "Denied" and bring in the fact that they are not the original creditor. (this summons is approx. 1 1/2 pages with no attachments or proof,
  12. I read in this sites FAQ's a recommendation to not be too forthcoming with details as collection agencies also lurk here for ammo in court with folks and to answer somewhat vaguely. Hopefully I've provided enough info for help without going overboard on details to get burned. Please advise if you can. Thanks! If you are inquiring about a lawsuit in which you are the defendant (ie you are being sued), you need to answer the following questions (as much as possible): 1. Who is the named plaintiff in the suit? Asset Recovery Group 2. What is the name of the law firm handling the suit? (should b
  13. I have received a summons which requires that I respond within 20 days. 20 days will be Saturday 2/16. This summons says I need to state my defense in writing, and serve a copy upon the person signing the Summons within 20 days after the service of this and file a copy with the Court. I called the court and they said I can fax them a copy by tomorrow. My question is, if it is on Saturday, how do I server the Attorney? Can I fax their office as well? Since it falls on a weekend would it have to be done today? Or do I just need to have it post marked by Saturday 2/16. Please advise. Thanks!
  14. I lost my job approx 18 months ago so I've been struggling to make my mortgate payment. I have been paying toward the end of the month but never 30 days past due. I have been receiving letters from Wells Fargo about delinquency assistance. I now have a job and am working to get back on my feet. Today I received a Pre-Foreclosure Options letter threating to begin foreclosure unless I respond within the next 30 days due to my deliquency. What constitues a deliquency? They are recommending I hire a housing counselor or attorney to bring to the table with them. As of today, I owe my August payment
  15. ship (been here since Nov 07 and finally got to 20 posts so I can send a PM...)