patriot68

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About patriot68

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  1. OK....Just got back from the court and post office. After I clocked in I thought I'd check the court web site to see if my motion had been posted yet. And guess what the last docket entry was.......Satisfaction of Judgment. Now I checked the docket before I left and it wasn't there.....If I only waited another hour or so I ....oh well...lol. So tomorrow S&H will receive the Motion to Quash. They will probably get a good laugh out of it. Anyway, I hope this means this nightmare is over.
  2. That is a good point, I actually sent a cashiers check. I should have gotten proof it was cashed and filed that as well. Oh well, I've got all the paperwork ready to file and I'm leaving work early to file it. But I will get proof it was cashed in case I need it in the future.
  3. Thanks for the feedback Chuckygee! I'm feeling pretty nervous about this whole thing. When I was in court and the judge basically ignored/denied everything without even lifting an eyebrow, my faith in the system dissipated. Now I have crystal clear evidence that a 3rd grader could see and understand...but will the court? I will update again soon...
  4. Well I stayed up late last night and made a "Motion to Quash Writ of Garnishment". I couldnt find a sample to follow so basically I followed the standard format and wrote: " I, ------, ask this honorable court to Quash the Writ of Garnishment, filed by ------- on -----, for the following reasons:" and basically wrote: 1. We reached an agreement and settled this account. 2. Attached settlement letter 3. Attached copy of money order 4. Attached certified receipt. Then I made a declaration of mailing in the standard format, showing I will mail a copy to S&H of everything I will file with the
  5. OK, I will work on that when I get home tonight. Do I title it "Motion to Object wage Garnishment"?
  6. I have a letter from them stating that their client, Midland Funding llc, authorized them to accept the payment as settlement. If they do not receive by July 30th the offer would be void. I have the certified receipt showing they received it on July 28th. They filed for garnishment on Aug 6th. I'm still waiting for the sheriff to knock on my door.
  7. Update: We reached a settlement. I had to send in almost $5K within a week and they would close the account. I did as they asked. Just checked the docket on the court website today, they filed a affidavit for garnishment and writ for garnishment. How can they do that after we settled?
  8. Guess all we can hope for is that in the end there is true Justus. Judges who didn't do their jobs; debt collectors illegally taking peoples money; and everyone in the financial industry taking advantage of people, will all have to face what they've done in the end on judgment day.
  9. Thanks for the info. Looks like JDB's can thrive here in WA without having to prove their case. I checked out the link and read the posts. In RCW 19.16.270 it says: "the assignment of the claim to licensee by his or its customer shall be conclusively presumed valid, if the assignment is filed in court with the complaint, unless objection is made thereto by the debtor in a written answer or in writing five days or more prior to trial." Wouldn't the Sworn denial, Motion to dismiss, Motion to strike Bill of Sale, or Motion to Strike Affidavit that I filed be considered an "objection"?
  10. I sure wish I would have talked with you 3 months ago. It makes me sick to think I going to loose based on minor things. If/when my motion for reconsideration gets denied, is there anything else I can do? I did state in the MFR that the Bill of Sale does not reference me or an account #, does not prove they have standing to sue.
  11. Well, the Bill of sale did not reference an account number, did not even have my name on it. Neither did the CC agreement. The affidavit had an account number that was blacked out. I filed a sworn denial, making the affidavit hearsay. The billing statement they attached had different amounts than what they were trying to collect in the claim. Where is the proof they have legal standing to sue?
  12. I did a lot of searching for case files in WA state, and for some reason there are none. I have a feeling the courts are somehow in bed with the debt collection attorneys in this state. The law says you are innocent until Proven guilty. But in WA state, if you are sued by a debt collector, you are GUILTY before you even walk into the courtroom. If you try to defend yourself and show the plaintiff has the burden of proof, you will just be ignored...because...well, you are already guilty.
  13. I tried to post a screen shot of the court docket info but it wouldn't load. Is it possible to post pics on this forum?
  14. The CLerk said the filing fee for an appeal is $280. The lawyer I spoke to said the appeals court is in Seattle, about 2 hours away. I'll have to check to see if there was a court reporter while I was in court. I do remember a lady sitting off to the left side of the judge typing on a computer or something.
  15. I already contacted a lawyer, he said it could cost me an additional $10,000 with no guaranty. My faith in the system is gone, so an appeal is out of the question. I did file a motion for reconsideration, not that the court will take it seriously. I did it so I can look myself in the mirror and know I did all I could. I already learned after my divorce that life aint fair, and good guys sometimes Loose.