Dazzler

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About Dazzler

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  1. The arbitration part of the agreement is silent on attorney fees, but there is a default section that talks about paying fees. I just didn't know if they could ask for fees later since they didn't include them in their counterclaim.
  2. You must respond within 20 days of being served. Respond to to the attorney, look on here for sample answers you can use or go to the court house and look at lawsuits they filed and how people responded. Also for that amount you could serve them your answer and elect arbitration with JAMS if your agreement has it.
  3. Yes that is a valid response and Machol will sue after that. They did the same thing to me, 2 months later I got served, it was also M&J and PRA. For 2k arbitration with JAMS will usually make them go away. If it were me I would send them a letter that their validation is in dispute and you request "private contractural arbitration with JAMS." I would look at Linda7's arb example and send them the JAMS demand papers also. Don't worry about sending any $ or papers to JAMS and see what happens.
  4. I would make sure you respond to the attorney within 20 days of service and not worry about a DV after you have been served. The way service here works and why they get a lot of defaults is they serve people with no clerks signature or case number. A lot of people think that means its a scare tactic so they write a letter, or DV but don't submit a proper answer to the attorney. If you don't respond they can go for default judgement after 20 days.
  5. Look Robert Dunphy up in Washignton, his background is speeding tickets and criminal law. He must be trying to branch out to make ends meet.
  6. They can serve without filing in Washington. You still must respond to the lawyer that served you within the 20 days or they will file for default. I had PRA serve and file against me in Washington, I elected arb and filed a MTC. They called up and offered a dismissal with prejudice.
  7. Look at Discover Bank v. Bridges, 226 P. 3d 191 - Wash: Court of Appeals, 2nd Div. 2010 which is a published and citable opinion and also look at Citibank (South Dakota), NA v. Ryan, 247 P. 3d 778 - Wash: Court of Appeals, 1st Div. 2011 which is unpublished. I have seen Suttel & Hammer get beat in Snohomish County based upon the bridges case. Do not admit the debt and keep fighting. See some samples below of the goodies you can find in these cases. "The bank in Bridges provided only self-generated account statements and an unsigned agreement, and had not provided any evidence of persona
  8. Yes I have a letter from BOA that says " BOA has received the final payment owed pursuant to the settlement agreement you entered into for the above ref account. Unless any addtional charges post to the account, the account will be considered settled." The intial letter outlining the proposal states "By completing the payment plan, your account will be considered settled, and you will not be obligated to pay the remaining balance." This account is settled and paid.
  9. I settled an account with OC BOA/FIA in the beggining of 2010 for less than full. Have an intial letter with terms and payment plan. Have bank records for proof of payment and have letter from BOA that final payment was received and account settled and closed. In late 2011 Cavalry dunns me claiming they bought my account from BOA and I owe full amount due. I sent them letter stating it has been setteled and they verifed I owed. Now their attorney sent me a affidavit from Cav employee, 1 statement from end of 2009 and a bill of sale and claims the account has been verified and their client
  10. So I received a VOD from a JDB and in their they claim that I made a payment to them for $76. It says payments made on account since purchase by JDB. Whats that all about?
  11. No the bill of sale is really vague. All the affidavit states is that GE Retail Capial Bank sold the account. Now the bill of sale states a date it was sold, and the JDB lists a different date in their verification and another date in their initial contact letter. The dates are within a week of each other but it seems it will help cast a doubt on trustworthiness of the documents. Washington has some really good case law lately that says basically a bill of sale, an affidavit, and statements are not enough to prove the account. The debtor must have assented to the account.
  12. So I received a bill of sale from the JDB and an affidavit allegedly from the OC. The question I have is the bill of sale states its between General Electric Capital Corporation, GE Money Bank, and Retailer Credit Services, selling the accounts to the JDB. There are three signature lines for each GE company but General Electric Capital Corp never signed off on it. Do you think it matters? To me it seems the bill of sale is not valid. The second question is, the affiant claims he is employed by GE Capital Retail Bank and the account was sold by GE Capital Retail Bank. The bill of sale doe
  13. I have some good stuff for WA i'll post in the am. In the meantime look into RCW 7.04A. It helped me a lot when I had to do MTC
  14. If arbitration is what you want, you need to answer the lawsuit and make sure you elect arbitration. Also if its a JDB look at RCW19.16.270 I beleive, you must object to the assignment of debt or it will be presumed valid. Also prepare your MTC arbitration and learn the rules for Superior Court
  15. You already did reply. In Washington they can serve you without filing and you have 20 days to send a reply to the attorney that served you. Once they file with the court (like they just did) you have to file your answer at the court house.