RangerGD

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About RangerGD

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  1. I don't have the envelope that is was mailed in, but I just received it a few days ago, so it could not have been mailed more than 14 calendar days before the hearing. Here's the local court rules: Filing and Scheduling of Motion. The moving party shall serve and file all motion documents no later than six court days before the date the party wishes the motion to be considered. A motion must be scheduled by a party for hearing on a judicial day. For cases assigned to a judge, if the motion is set for oral argument on a non-judicial day, the moving party must reschedule it with the judge’s staff; for motions without oral argument, the assigned judge will consider the motion on the next judicial day.
  2. I just received a Motion for Summary Judgement for Audit and Adjustment Company in King County here in Washington State. The MSJ is being filed under Rule 56. It looks like it was filed 9/19 and I just received it a couple of days ago in the mail. The date of the hearing is this Tuesday, 10/7. I was not served, and there is no complaint. The plaintiff was kind enough to send me a copy of rule 56. They have also attached some copies of what appear to be past statements and a declaration of assignor in support of plaintiff's MSJ. That was signed on 12/30/13 and looks like it was signed by someone at the OC. There's also another assignment attached that looks more like a letter signed on 2/5/13, but I don't know who signed it as there signature is unreadable, and no other fields are printed. I haven't handled this type of thing before. I'm using to filing an answer, etc. So I'm a little stumped, and frustrated by zero lack of time to respond. I feel like I need to turn something in tomorrow to be timely. Can I respond to the MSJ and object to it because of lack of time for discovery? I'm not sure what other defenses or objections are appropriate. Any feedback you have is appreciated.
  3. I filed my response and opposition to the plaintiff's motion for default judgement. The motion date is set for this Wednesday @ 9:00 AM, but is being heard without oral arguments. I am wondering, as the defendant do I need to be there? If I don't need to be there, is there a chance something might come up that could negatively impact me if I wasn't there?
  4. Since my first post on this I have done a lot research and have found/done the following: 1. I filed a response and opposition to the Plaintiff's motion for default judgement explaining why I appeared, but did not answer. It included the fact that the Plaintiff had not filed the complaint at the time of the summons. 2. Second, according court rule, since I did appear and there has not been a ruling on the motion for default judgement yet, I exercised my right to provide an answer to the complaint and filed the answer shortly before I filed the response above. I also included this information in the response that an answered had been filed. So assuming I've done those two correctly and the motion gets rejected, I am sure I will be back here with more questions/advice. Thanks again for all the information.
  5. 1. Who is the named plaintiff in the suit? Portfolio Recovery Associates LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Roger E. Rahlfs 3. How much are you being sued for? $18,312 4. Who is the original creditor? (if not the Plaintiff) Looks like Wells Fargo 5. How do you know you are being sued? (You were served, right?) Yes, served. 6. How were you served? (Mail, In person, Notice on door) In person, but person who received the service was my wife. 7. Was the service legal as required by your state? I believe so. Process Service Requirements by State - Summons Complaint 8. What was your correspondence (if any) with the people suing you before you think you were being sued? Have never had any communications with Plaintiff written or verbal 9. What state and county do you live in? Washington, King 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) The summons lists 3/2009, although it would have been sometime in 2008 if this is from a previous debt. 11. What is the SOL on the debt? I believe it is 6 years in Washington state. 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). Suit served, motions filed, trial date set for 1/2013, but looks like Plaintiff has a motion and order for default without oral arguments set on 9/19/12. [so I think this is my most immediate issue? Can I file an answer to the original complaint or something against this motion to prevent a summary judgement?) 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 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? No interrogatory received I received a summons and complaint on 4/2/12. As summons/complaint had not been filed with the court, I sent plaintiff a pro se notice of appearance via CMRRR within 20 days. Plaintiff received that notice on 4/11/12. The complaint that I received with the summons does not match the complaint that was filed with the court on 8/16. The original complaint named only myself as defendant, but now names myself and Jane Doe XXXX as defendants. The complaint contains the following claims: 1. Plaintiff is duly qualified to bring the action. 2. Defendants are within the court's jurisdiction. 3. Defendants are indebted to Plaintiff under terms of a written agreement and are in default of said terms. 4. Terms of written agreement allow for interest and a liability for court costs and attorney fees. 5. Demand for payment has been made and payment has not been forthcoming and is now due and owing under Defendant's agreement the sum of $18,312 as of March 27, 2009 plus interest/late charges. 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Nothing was included
  6. I am not familiar with the term pocket service. What is that? I did send my original appearance CMRRR and do have the return receipt. I have also reviewed some of the court rules and have determined that because I did answer I am entitled to respond before judgement. I am frustrated that the notice of hearing was not mailed out to me until 9/6 and I did not receive it until just a few days ago. I am definitely feeling the pressure.
  7. I received a "summons" back in April from a law firm here in Washington State representing a creditor located out of state. I responded to the summons within the 20 day time frame by mailing (certified) the law firm a Notice of Pro Se appearance. I did not "answer" the summons as the law firm appeared to have only prepared a pleading, but did not file it with the courts. (I assume this was some kind of a scare tactic on their part?) I have now received a notice from the superior court for a Motion Order of Default. The law firm apparently just filed their pleading on 8/31. In their pleading they state that I and my wife whom they have named as Jane Doe XXXX appeared, but did not answer therefore, they are seeking a summary judgement without oral arguments. The pleading also states that I appeared via telephone, which is not the case. It looks like the court set a trial date of 1/6/13, but also has a date of 9/19/12 listed and "without oral arguments" checked. My questions are as follows: 1. I'm assuming that since the plaintiff has now filed a formal motion that I can (and should) file an answer/motion with the court? Before 9/19? 2. In addition to a number of defenses, are there any arguments worth noting to the plaintiff's accuracy since they indicate I appeared via telephone when it was by mail and that my wife's name is certainly not Jane Doe XXXX? Thanks for responding.