MisterLoon

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MisterLoon last won the day on October 12 2017

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  1. I haven't been on this site in a long time but just wandered by and found this. I haven't been in court for five or six years now and I know some stuff has changed, but I think maybe I can point you in the right direction. First, there is a site called WA law help that has all the forms, etc. and a very basic walk through of collection suits and how to answer. Now, back when I was in court, I did this: When served, I didn't put in an answer, but I did put in a Notice of Appearance. By "appearing" they couldn't do anything without notifying me first. Otherwise, without a Notice of
  2. I probably should have posted this earlier but I'd forgotten about it: Anyone dealing with Midland needs to download the consent decree they signed with the CFPB and also with some states AG's. Some people have been having success getting Midland tossed because their cases have been found in violation of the consent decree.
  3. Feel free to PM me. I'll be happy to help if I can. (Pretty much everybody on this board would say the exact same thing in my experience.)
  4. I would seriously consider arb. At the very least, you should get a copy of the agreement and post what it says so that we have some reasonable basis to consider pros and cons. This may sound like a dumb thing to say given the nature of this board, but Midland is my favorite JDB. They tend to be a tough fight, but fair and practical. I'm not familiar with the law firm they're using, but another guy on this board two or three years back took them to arb and they dropped it. Something to consider. I get seriously discouraged providing my experiences--there are things I simply can't say
  5. I suspect the OP has already answered based on the dates of the posts. We may have revived an old thread. I wasn't familiar with the Unifund v. Elyse case, but there really isn't anything new there--it's the same stuff applied to a specific situation. There are a couple of interesting things to note though. First, this wasn't a pro se effort--they had a lot of legal help, at least on appeal. Second, the appellate court neatly sidestepped any questions regarding Unifund introducing evidence. Third--and this barely scratches the surface--don't assume SOL is 6 years. In this case, if
  6. Yes, any objection based on the validity of the assignment does the trick. As I previously posted, I always just answered with (1) Plaintiff is not the real party in interest and (2) failure to state a claim for which relief can be granted. (Others have done it differently but as long as the court understands you're objecting to the validity of the assignment (ie. their standing before the court.) The difference is this: With the assumption, the JDB can just say: "We bought the debt." Without the assumption, at the very least the JDB will have to get the original creditor to say: "
  7. Gather round, it's story time. Many years ago, I had the fascinating misfortune of getting to know a con man. I was working in a legit phone center, and he had just gotten out of prison and started working there, too. But, he informed me, he would only be there until the print shop finished his order so he could get some money to start another illegal phone operation. This guy was handsome, a sharp dresser, great personality--and a total psychopath. The scam was this: He had cards, receipts, etc. printed up with ABC Collections or some such. Then he would go door-to-door in poorer n
  8. There's a lot of lessons buried in this thread, but let's see if I have this figured out roughly correctly: You disputed an account on your credit report, promptly got sued by an original creditor for something that is apparently within SOL, admitted to an account with the OC in your answer and counterclaimed under a completely inapplicable Act, and now are looking for a way to "win". Did I get that about right? Let's start here: trying to do a credit report clean up with defaulted debt within the statute of limitations. Such an attempt frequently suggests to a creditor that someone's
  9. I must say I concur with Goody_Ouchless. Things have changed a lot as the mess from the financial crisis worked through the system. For example, debts were sold multiple times without supporting documentation, and certain OC's and debt buyers came up with--shall we say--creative ways to deal with those problems. And the courts were overwhelmed. Now, after the OCC stepped in, national banking associations are only allowed to sell receivables for which they have documentation, and only to buyers that agree to abide by OCC guidelines for handling purchased debt. Among those guidelin
  10. I'm not an attorney. I don't want to be an attorney. I don't do legal advice. BUT I can share my experience. I had several court cases--every one of them took 3+ years. It really isn't hard to slow things down if you're just playing for time. In my experience (WA Superior Court), the court doesn't set a timeline--it simply responds to the parties. Typically, my cases went something like this: I'd be served and put in a notice of appearance. Eventually the plaintiff would move for default judgment. I'd answer which would squash the default. They'd come back with an MSJ. I'd
  11. I'm in Washington. All my experience was in Superior court. Let's talk about the Notice of Appearance for a minute. When you "appear", no action can be taken by the court without you being notified. Once notified, you can figure out how to respond. The first time I was sued--this is seven years ago now--I just put in my Notice of Appearance. Several months later, I was notified they moved for a default judgment--that's when I finally answered, effectively killing the motion for default judgment. (They, of course, just file a motion for summary judgment--and the fight was on.) I
  12. Are you dealing with an Original Creditor or a junk debt buyer? Suttell is acting as their attorney. You need to go to washingtonlawhelp dot org and read how to answer a debt lawsuit. But, if I were you, I would not answer yet. You've got a very interesting situation, and I'll bet dollars to donuts that Suttell wasn't informed about the previous arb election. I would go to National Association of Consumer Attorneys and call or email a few of the NACA lawyers and concisely explain your situation to see if you could get representation on a contingency basis. Even if you don't have a fe
  13. For the basics on answering, go to Washington law help (dot) org and read the how to answer a debt lawsuit topic. I have been on this board for long time--much more infrequently since I went SOL and closed out my lawsuits. I know people come here for hope, or advice, or whatever, but I have to be blunt: If you don't answer, they'll get a default judgment. But if you do answer, what is your plan? Are you hoping they'll go away? They probably won't. Are you going to be able to learn enough, fast enough to be able to self-lawyer? What, if any, defenses do you have? Midland knows
  14. No, I did not make copies of anything because I chose not to pursue that route. There were a surprising number of cases given the relatively small size of the county and the impression I'd always gotten from the board that JDB's never go to arb. Admittedly, I don't remember seeing many cases involving small amounts--5k was pretty much the low end. As I recall, the court would generally just confirm the arbitration and add attorney costs while the matter of the cost of arbitration was part of the agreement, but there were cases where quite a bit of discretion was exercised and apparently bui
  15. General reply--all points granted. I don't like the arb strategy in Washington state. Unlike some states where going to arb can get you a dismissal of the court action, here the court action remains open and the court has discretion, pursuant to the arb act, to modify, assign costs, and so on. And yes, much of the time, electing arb will somehow or another make it go away--but not always. And when a case goes bad. . . Just want to make sure the OP knows that there are risks involved. Ittledo, the one thing I know nothing about is how to settle. I fought everything. But--one th