Pickles

Several of us have been unsuccessful as of late in the Washington courts. However, I believe it is because we all failed to submit an affidavit with our opposition. Please research what affidavit you need and make sure you include it. I don't have a sample one because I did not submit one and could never quite wrap my brain around what it would need to say. Pickles

I'm just going to bite the bullet and make a payment plan. An appeal would be costly and probably get me the same result, but at a higher cost. I can maintain a decent payment plan and have this paid off in less than a year. Pickles

I don't know how to update the header, but here is my update. My summary judgment hearing was Friday. While the judge did admire my pleading papers, he nonetheless found for the plaintiff. He seemed to not really consider the whole standing issue, and I don't believe I argued it very well. I never denied the debt, and he found the statements submitted by S&H were enough to prove the debt. On the positive side, S&H did not ask for attorney fees and the interest on the judgment will be the statutory rate of 12 percent rather than the contract rate which probably would have been lik

I believe the Washington courts have ruled that the Delaware SOL is unfair because in Delaware the statue is tolled if the defendant can not be served in the state of Delaware, or something like that, therefore the Washington SOL applies. It's a fairly recent ruling. You just might be better off motioning for arbitration and then using the Delaware SOL in arbitration, since the court rulings are not necessarily applied in that setting. Just my thoughts on the matter. Pickles

Actually, it doesn't cost the defendant anything to file an answer or responding motions, etc. It only costs money if you are filing a counter claim. Neena, Make sure you go to the King Count Court web site and read up on the local rules. That will help answer a lot of your questions. Pickles

Congratulations!!! I have my motion hearing next week with Midland (they're asking for a summary judgment, I opposed). I'm really hoping they don't confirm the motion hearing, although I'll show up regardless. Pickles

No, I didn't. I kept asking if I needed one, but never got a response to that particular question. I'm not entirely convinced that here in WA I need one, but I'll do some more digging just to be sure. Thanks for the sample. I'll see if I need to use it. Pickles

Okay, well the deed is done. I filed my motion in opposition to summary judgment, mailed the law firm their copy, and have crossed my fingers. Should I now send out discovery, or wait until after the motion hearing? Pickles

Did you ever find out if there is a time limit to filing a complaint after service? I know they have to file if you demand it within 14 days, but I can't find any words on how long they have otherwise. I was served more than two years before my case got filed. The law firm hasn't, as far as I can tell, filed my answer I sent them. Not sure if I need to do that now or if it's their responsibility. Either way, I'm submitting my opposition to their motion for summary judgment tomorrow. Pickles

Thanks BV80. The Notary is from Minnesota, so I'll look up the specific reference concerning how they must sign. I did check with the Minnesota secretary of state office about it. The notary on this affidavit only put her initials. I'll include those references using Washington case law. Appreciate your input! Pickles

Thank you shellieh98 and Clydesmom. I'm still confused about doing my own affidavit. Any insight to that? Not sure if I need one, and if I do, what form it should take. Pickles

Thanks all for the input. Attached is my draft MOSJ Let me know what you think. Pickles Motion in Oppostion to Summary Judgment-REDACTED.doc

Did you at anytime have to submit an opposition to summary judgment? I would love if you could share that. Pickles

I'll just retype it (easier not to miss redacting something) Comes now the plaintiff, by and through its attorneys, S&H, and respectfully moves the Court for an Order of summary Judgment against the defendant, XXXX XXXX. Relief Requested An Order of Summary Judgment against the defendant, XXXX, for the principal sum of $xxxxx, together with prejudgment interest, plaintiff's costs, together with interest thereon at the rate of 12.0000% per annum from judgment until fully paid. Facts The defendant has become indebted to the plaintiff on account of goods and services rendered at defenda

In Washington state, they are not required to file with the courts before serving you and there is no fee for filing an answer or motion in response. Now they have filed and I'm just trying to craft my opposition to motion for summary judgment right now and trying to figure out if it requires an affidavit from me and if so, how that's suppose to look and what it's suppose to say. Pickles