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Found 6 results

  1. Here is my questionnaire info. 1. Who is the named plaintiff in the suit? Midland Funding LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) 3. How much are you being sued for? 1300 4. Who is the original creditor? (if not the Plaintiff) Credit One 5. How do you know you are being sued? (You were served, right?) Served with summons paper. 6. How were you served? (Mail, In person, Notice on door) In person, someone delivered to me. 7. Was the service legal as required by your state? As far as I know, it was filed with a district court. 8. What was your correspondence (if any) with the people suing you before you think you were being sued? I have not spoken to them at all. 9. What state and county do you live in? Washington state, Cowlitz county. 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 2014 11. What is the SOL on the debt? To find out: Looked on creditcards.com and it says 6 years for WA. 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). Summons was delivered, that's it. 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? It says 20 days after the service or summons 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Nothing at all. In the complaint, the first sentence is "The plaintiff is a legal entity having paid all licenses and fees if required by law and is authorized to bring this action." I have seen a similar thread in this state, but i never did see the outcome. Looking for some ideas and help on how to win this. This is my response to the complaint. Superior Court of Washington, County of Cowlitz Plaintiff: No. MIDLAND FUNDING, LLC, ANSWER AND AFFIRMATIVE DEFENSES v. Defendant: MICHAEL BOLLICH I. Answer Defendant answers the complaint as follows: 1. I admit the statements in paragraph numbers 2. 2. I deny the statements in paragraph numbers 1 except for the following statements: N/A 3. I lack knowledge about the truth and so deny the statements in paragraph number(s) 3, 4, 5, 6, 7, and 8. II. Affirmative Defenses My other defenses are: T General Denial: I deny the allegations in the Complaint T Plaintiff lacks standing and does not have authority to bring this lawsuit. £ I am eligible for Charity Care for my hospital debt. £ I did not receive a copy of the Summons and Complaint £ I received the Summons and Complaint, but service was not correct as required by law. T I do not owe this debt. £ I am a victim of identity theft or mistaken identity. I am not responsible for this debt. £ I have paid all or part of the debt. T I disagree with the amount of the debt/the amount is incorrect. £ Statute of limitations (the time has passed to sue on this debt). £ This debt was discharged in bankruptcy. £ The collateral (property) was not sold at a commercially reasonable price. £ Unjust enrichment (the amount demanded is excessive compared with the original debt). £ Violation of the duty of good faith and fair dealing. £ Unconscionability (the contract is unfair.) T Laches (Plaintiff has excessively delayed in bringing this lawsuit to my disadvantage). £ Defendant is in the military. DATED this _________ day of ________________, 20___. ___________________________________________ (Signature) Name: Address: Telephone: I haven't filed this yet so please let me know what you think.
  2. After spending countless hours researching these forums, and hundreds of dollars for a ghost written response to the plaintiff's claim, the judge granted the motion for summary judgement at the hearing in favor of the plaintiff. I am still not certain what I did wrong, but my well crafted answers to the complaint were not even considered because I did not have an affidavit to support them. Entire hearing was over in 4 minutes. I clearly thought I was prepared to argue standing in court, but was not. Can anyone tell me exactly what I type of affidavit I needed in addition to my response that would have resulted in either a denial or at best in my favor? Hopefully it will help others going through this. Thanks.
  3. So I went to court today, filed my paperwork for my dueling affidavit and got my assed handed to me. The judge said they had standing and I outright denied me saying they've proved standing in Washington State. So what do I do now? I owe them apparently 2600 dollars which is 3 times the amount of the original card in question.
  4. I know there are many templates on these forums for countering motions for summary judgement but I wanted to make sure my response was catered to my exact motion in Washington state. Please help me draft it here. I have a hearing in ten days and they sent me the motion stuff just at the tenth day. Just to get people up to date, got the summons, and the plaintiff discovery responded..denied all, sent my first discovery...got half a$$ stuff back no original signed contract agreement...so now they have sent me the motion for summary judgment.. Here is there motion: Comes now the plaintiff, by and through its attorney, and moves the court for summary judgement on Plaintiffs' claim against the defendant. In the opinion of counsel this motion is well founded in law and not interposed for the purpose of delay. This motion is based on the affadavit of Mic***l R***in which is filed herewith and the Points and Authorities subjoined below. POINTS AND AUTHORITIES A party is entitled to summary judgement: "if the pleadings, depositions, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fat and that the moving party is entitled judgment as a matter of law." CRLJ 56© the Instant case arises out of breach of contract action wherein Palintiff alleges Defendant defaulted on a credit card debt and is now seeking to collect thereone. Defendant filed an Answer wherein he presents a blanket denial to the allegations set forth in the Plaintiffs Complaint. Additionally, Plaintiff provided the Affadavit of Mic***el Ru**n attesting to the amount due and owing as claimed by Plaintiff. Attached to Mr. R***n's affidavit are the Monthly Billing Statements, the bill of Sale documents, and the Credit Card Agreement, hereby incorporated as exhibits 1, 2, and 3 respectively. Based on the forgoing, there is no genuine issue as to any material fact and Plaintiff is entitled to a summary of judgement as a matter of law. What they attached: They attached some bogus affadavit from Florida...I have used huey pilots template to craft a counter affadavit. A bill of Sale which I have attached so that one may see. (Still haven't received any help in crafting a response) A bunch of statements. Any help would be deeply appreciated. Thanks everyone. NOTE: Here is the basics for those not familiar with my other thread. So I have been served by Daniel Gordon on behalf of Midland Funding for some Wamu account years old for an absurd amount that is like 3 times more than the actual credit card ever was. I filed my response that I denied this debt was mine and demand validation. They sent me and the court some photocopied bank statements showing default payments for maybe five months followed by an affadivt from Florida saying some **** like I owed Chase 1600 dollars ( The same as the last produced statement) before the account was sold to Midland. So as I prepare my defense, what do I do about these photocopied statements and the affadavit? Should I argue heresay? Here is the lowdown, thanks. 1. Who is the named plaintiff in the suit? Midland Funding LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Daniel Gordon 3. How much are you being sued for? 2600 4. Who is the original creditor? (if not the Plaintiff) Wamu then chase?? 5. How do you know you are being sued? (You were served, right?) served 6. How were you served? (Mail, In person, Notice on door) mailman in person 7. Was the service legal as required by your state? yea 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? never had contact with them 9. What state and county do you live in? Snohomish county, WA 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 2009 11. What is the SOL on the debt? To find out: 6 years in washington state?? Statute of Limitations on Debts 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). I responded denying the debt, and demanded they provide me evidence I broke a contract. The responded by sending a bunch of statements saying I owe xx amount of dollars. Sent request for admittance and request for production to both which I have replied in denying everything using the templates provided here to answer the questions. 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. Too late 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? 30 days, and I responded to the claims. It was pretty much the standard crap, customer got card from wamu xxxx blah used it to buy stuff, broke terms and conditions etc...it had 15 admittances/interrogatories Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. They sent and affadavit from florida saying I owed 1600 dollars on the account when it was sold to midland funding. And sent like 5 photocopies of statements showing non payment from chase bank. 17. Read this article: Bill of Sale Scan0001.pdf
  5. So I have been served by Daniel Gordon on behalf of Midland Funding for some Wamu account years old for an absurd amount that is like 3 times more than the actual credit card ever was. I filed my response that I denied this debt was mine and demand validation. They sent me and the court some photocopied bank statements showing default payments for maybe five months followed by an affadivt from Florida saying some **** like I owed Chase 1600 dollars ( The same as the last produced statement) before the account was sold to Midland. So as I prepare my defense, what do I do about these photocopied statements and the affadavit? Should I argue heresay? Here is the lowdown, thanks. 1. Who is the named plaintiff in the suit? Midland Funding LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Daniel Gordon 3. How much are you being sued for? 2600 4. Who is the original creditor? (if not the Plaintiff) Wamu then chase?? 5. How do you know you are being sued? (You were served, right?) served 6. How were you served? (Mail, In person, Notice on door) mailman in person 7. Was the service legal as required by your state? yea 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? never had contact with them 9. What state and county do you live in? Snohomish county, WA 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 2009 11. What is the SOL on the debt? To find out: 6 years in washington state?? Statute of Limitations on Debts 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). I responded denying the debt, and demanded they provide me evidence I broke a contract. The responded by sending a bunch of statements saying I owe xx amount of dollars. Sent request for admittance and request for production to both which I have replied in denying everything using the templates provided here to answer the questions. 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. Too late 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? 30 days, and I responded to the claims. It was pretty much the standard crap, customer got card from wamu xxxx blah used it to buy stuff, broke terms and conditions etc...it had 15 admittances/interrogatories Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. They sent and affadavit from florida saying I owed 1600 dollars on the account when it was sold to midland funding. And sent like 5 photocopies of statements showing non payment from chase bank. 17. Read this article: