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Found 5 results

  1. Hello, I’ve been a long time lurker, but this my first time posting. I was sued by American Express Centurion Bank represented by Zwicker on February 23rd, but served to me on May 15th. The suit is for $12k. I filed a general denial answer and counterclaim against Amex. It has now been 21 days since I filed the answer and counterclaim. On June 19th Zwicker transferred the case to Suttell and Hammer who sent me a new dunning letter along with the change of counsel motion. I was planning on filing a motion for summary judgement on my counterclaim on Monday and a request for dismissal of plaintiffs case without prejudice. I have several questions: 1. Is the change of counsel a delay tactic? Why would they change law firms so close to when their answer to counterclaim was due? 2. Suttell and hammer currently represents Discover card in a case against me. I sent a request for debt validation to them. Haven’t heard back yet. Since I have virtually no assets wouldn’t this be a severe conflict of interest for both clients of Suttell? They would be fighting over the same small amount of assets. Any help and advice would be greatly appreciated!
  2. Case going to trial soon in California, LA county Discover Bank now via Suttell response to CCP 96 only described witness as "Custodian of records of plaintiff" care of the law firm P.O. Box in WA. No CCP 98 Dec. - does anyone have any case law or legal authority to cite in a Motion in Limine to exclude this "witness" ? They never served or filed a CCP 98 so don't know if Target v Rocha will apply?
  3. - Hello, I'm new to this forum but I'm very impressed how helpful everyone is. I'm hoping I can get some advice from some of the experts here. As a real estate agent, I ran into trouble in 2008-2009 and had to give up paying on some credit cards to take care of other family needs. One of those credit cards, a Disover Card, got a summary judgment against me on 7/6/11 for the principal of $9165.78 as well as the filing fee of $230, the service of process for $79.50, the ex-parte of $30 and the attorney's fee of $500 for a total of $10,005.28 and interest accrueing at 12% per annum. They were represented by Krista L. White and Associates in Snohomish County, WA. Though I was served papers, I was ignorant to the process and didn't attend the hearing. In 2010, they totally cleaned out our main bank account of nearly $1000 which I believe is illegal. I don't think they can take everything out of your bank account. Then, last year they tried to garnish my wages, which they did for a month, before my employer figured out the can't garnish wages for independant contractors. Now, they've put a judgment lien on a rental property that I own and would like to refinance. The lender won't refinance the property with the lien on it. I would also like to buy a home in the next couple years, and I don't think I'll be able to with the judgment. A couple months ago, I received a letter from Suttell, Hammer, & White in Bellevue, WA saying that Discover Bank has now retained their firm to collect the debt owed. So, is Discover Card still involved or do the attorneys now call all the shots? My question is, would Suttell, Hammer, and White ever consider a settlement offer in a case like this or will they always hold out for the full amount? I also have MCM coming after me for a $22,500 Juniper credit card debt where they're offering me 70% off if I pay that amount right away. Just from reading the forums, I don't think I'll go for that at this point. Thank you in advance.
  4. On sept 8th I was served for a suit filed by Suttell and Hammer for plaintiff Midland Funding LLC for a debt they bought from Citibank (South Dakota) - Home Depot. The account was charged off and sold some years ago and my best records indicate a last payment to HD in February 2010. Suit filed in Pierce County District Court. Case no. 752497. The cover sheet says amount of suit is $5142.53, but summons said $4942.53 is the sum for the judgement. I need to respond to the summons and complaint within the next 8 days, but am having a hard time finding an attorney that has the time, so I have 2 questions. 1. Since the amount sued for is less than $5k, can I force this into small claims court, and if so, would that benefit me? 2. Since I am running short on to to respond to the complaint and summons, is it OK to simply file the notice to appear and not the Answers, or will that cause problems down the line? I'm afraid of putting in defenses that could get me in trouble or not listing some I should and thereby keeping myself from using them in the future. As an aside, what is the defense called where they are asking $1,000's for a dept they likely paid 100's for. I read it elsewhere but cannot find it now.
  5. Spent hundreds of hours over the last 4 months reading this forum and defending myself against a JDB (Midland Funding LLC w/ law firm Suttell & Hammer representing them) to no avail. Got served in March, filed Answers affirmative defenses, notice of appearance, answers to admissions, request for admissions, request for documents and interrogatories, sworn denial, motion to dismiss, motion to strike bill of sale, motion to strike affidavit....everything sent with certificate of service AND sent certified mail. Went to court yesterday to defend myself against a Summary judgment, Judge ignored everything I filed, and everything I said in court. I even requested serving the plaintiff with a subpoena to verify the debt....He just said "denied". So let me just give anyone in Island county washington a piece of advice. Dont even think for a second you will get Justus in the court system here. Dont get your hopes up reading this forum thinking you have a chance. You dont. Not here.