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About BMF

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  1. Thanks so much for all of your posts and updates. I just finished reading the whole thread and it is very inspiring. I wish you the best of luck and go kick their a**es.
  2. Today is 30 days after I filed my answers with the court. I have checked my status online with the court and nothing has changed. My status is just blank online. I have not heard or had any communication with the lawyer that has filed the suit. My question is what do I do now? Do I just wait and see or do I file a motion to dismiss? Is this the time to do it? If not then when? Still so new here and have done some searching but still confused. It someone has some links saved that would be great. Thank you.
  3. Seadragon, thanks for the links. Coltfan, thank you for story and added inspiration. I too can get carried away and would not care how much something might cost me, just to prove a point. Tangle, thanks for the response as I am still figuring it all out. I think I am just going file my answer and defenses on monday. I hope this is correct. I know I keep asking some of the same questions, I just want to make totally sure I am doing this correct. The other affidavit will just be part of the opposition to MSJ.
  4. Tangle, can I ask you a question? The signature I have on my affidavit is different than another one I have found online signed by the same person. My questoin is this, did you submit this other affidavit with your defenses to the court and the plaintiff? I have a thread going on here with kind of the same situation. I have till next Friday to file my answer and defenses and am working on them this weekend and plan on filing on Monday. Sorry for hijacking your thread, but any info would be great. Thank you. BTW Congratulations!!! Fricken awesome
  5. Okay so I went to the clerks office and got a copy of the process server file. It basically said he left them on the door step and didnt lie about me refusing to sign them so I am not even going to try and battle that. I am going to file my answer and defenses on Monday. I have looked at many defense response templetes on here and am still a little confused as what to put in there. Any help would be greatful especially if anyone has had some experience in Washington state. One thing that I thought of to give myself a little more encouragement is the fact that they have many case to work on in a day and I only have one, so I have no excuse not to do my best.
  6. Wow that is amazing . I looked that up and read it through. My affidavit says "The facts stated herein are based upon my personal knowledge from my review of account records and are true and correct" kind of what they were talking about in Brent v Midland. So obviously I am new here and have no idea on how to attack the Affidavit in the discovery. I am assuming I file a discovery with my answer and defense instead of a productoin of documents. Or both at the same time. Still learning all the lingo.
  7. Yeah I dont think I am going to make much of a big deal about it. They are probably all signed by the secretary anyway. Its not like I want this thing to go to trial anyway. Probably the only way I would ever get to use it in court.
  8. Thank you so much for the link! I guess the question I should ask is do I file the request for production of documents with the court at the same time I file my answer and defense? Should I send them to the CA by registered mail or should I just deliver them in person? Its about 1 hour drive to deliver them in person. I went to the clerks office today to see the process server documents and she couldn't find them, but she said they had them so I have to go back tomorrow. I am wondering what I should look for on those documents if anything. I am sure they lied and said they delivered them and that I just refused to sign them. Which I could prove because I was at work at the time of delivery. I also asked the clerk how long they have to serve me after they have filed the case with the court and she didnt know the answer to that. Kind of a wasted trip. I still have till next Friday to sumit everything, just getting my ducks in a row till then. I will read up on the civil procedure before I write up my defenses and production of documents. I dont want to screw them up. I have looked at some templetes on here, but cant seem to find any about WA state and dont want to submit something that is wrong or in the wrong wording. Wondering also if anyone here has had any dealings with CACH LLC in WA state. Thanks again....
  9. Just to start off, I have been reading here for over a week and there is so much wonderful information, words can not describe how much this site has turned my outlook around. So here we go.... 1. Who is the named plaintiff in the suit? CACH, LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) XXXXXX 3. How much are you being sued for? $4500.00 4. Who is the original creditor? (if not the Plaintiff) HSBC 5. How do you know you are being sued? (You were served, right?) I found the papers in the driveway when I got home from work 6. How were you served? (Mail, In person, Notice on door) See answer 5 7. Was the service legal as required by your state? Yes 8. What was your correspondence (if any) with the people suing you before you think you were being sued? None 9. What state and county do you live in? Washinton State 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Probably around 1.5 years ago 11. What is the SOL on the debt? Not sure but I doubt I have hit them yet. I think WA is 3 years 12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). So I looked online and it was filed on 7/3/2012. Under my name it has the date filed, but under the status part, it is just blank, i.e. no status. I found the summons in my driveway on 8/26/2012. I know WA is 20 days, but I am not sure if it is from the date that I found the summons or the day they filed. I still have time to file my answer and defenses if it is from the date I was "served". 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No 14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late. No, no idea the suit was being filed. I was never contacted by this CA. 15. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit? Till 9/14... maybe... this is where I am not sure if I have been served "technically". Or if I even have to be served in person. 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. An affidavit from HSBC signed by Michael Poczynek and a CC statement from 5/2011. One thing I did find in my online research is another affidavit signed by the same person for a "Bulk Sale of Accounts" the signature on that affidavit and the signature on my affidavit do not match. They are close, but it doesnt take an expert to know they are not the same. But both are notarized and they are about 9 months apart. I really dont know if this is any help to my case, but I did find it interesting. I also have another letter from another CA claiming I owe them this money too. Dated in Jan of this year. It has the OC as Metris and the creditor as CACH LLC. and some acct number I have never seen. Its not even a CC #. I never contacted this CA either. Thank you all so very much in advance....