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Found 5 results

  1. I'm being sued by Discover. Im not sure about how to navigate this forum. I read to post in the "is there a lawyer in the house" but I don't know how you guys find that. If Im inthe wrong spot- please do let me know. Thanks! I sent in a request for arbitration with JAMS back in May. They ignored my request which is evidenced by the papers they had served to me yesterday. I elected arbitration because I need to buy time. I do not have funds to negotiate with I do not have an income. The reason for the "breach of contract" was a personal injury which is also in litigation. I wanted to buy time with Discover til the litigation in my PI case was settled then neg a settlement with Discover at that time. I dont expect a settlemnt in the PI case for one year as my attorney in that matter just filed. Anyone? Should I just let them get their judgement and deal with it when I get my settlement since I have nothing to barter with? How much damage can they do with a judgement? Take my car? My home? Im at a loss and have no clue what to expect. Also feeling a bit sorry for myself as this would not have happened if I had not been injured. (sob Sob.. sorry everyone has their story- and I know noone else cares- especially not DISCOVER) so... please advise? I thought maybe calling them out for practicing as a collection agency without a license in WA State- but even if the Judge bit on that, it probably wouldnt dismiss. I have read through these forums to nausea and as helpful as they are- I dont understand how to respond to the paperwork. Is there a step by step somewhere? Thanks so much! Oh.. I did see I need to answer some questions: 1. Who is the named plaintiff in the suit? DISCOVER BANK 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.)Suttell & Hammer, P.S. 3. How much are you being sued for? over 15k 4. Who is the original creditor? (if not the Plaintiff) Discover 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) at home, answered door 7. Was the service legal as required by your state? think so, yep 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? I sent a letter in May requesting JAMS. a few letters from them since offering settlements but I have not responded. 9. What state and county do you live in? WA , Kitsap 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) still in statute (no luck on that one) 11. What is the SOL on the debt? To find out: 6 years 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). Im not sure what this means 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) I disputed with Discover when I requested JAMS they sent me a questionaire from the Fraud department- I did not fill it out. 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. YES, they sent me copies of a few statements and a few cashed checks of payments to the account. 15. How long do you have to respond to the suit? 20 Days . 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. Breach of Contract Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit? no 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. NO evidence, they listed within the document the last 4 of the card number, that I had made payments, that I had used the card... that kind of stuff.
  2. Ok, I am nearing my deadline for filing my appelant's brief to which I have to attach a transcript relevant portion of judge's position from the hearing. Here is the transcript. Note the judge's position and his wilingness to argue on the behalf of the plaintiff. JUDGE: Cavalry SPV I LLC vs ME JUDGE: Now, this is a lawsuit against Ms. ME, case #XXXXXXX, the origin of the complaints was that there was monies due on her account for a credit card. And there was an alleged balance due XXXX, plus costs and fees associated thereto… you answered the complaint… and you made a general denial… okay… and then what happened… first request for production of documents…that is one not done before this court… what was before this court was a motion for summary judgment…now…rescheduled as of 5/20… as of right now I do not see any reply to the summary judgment… You had ample here time to reply but you never submitted any documentation to the court in the regards to this. Is there a reason? ME: Actually, I filed my opposition to summary judgment, Your Honor JUDGE: you did? When was that? ME: I submitted the court paper yesterday. JDB's ATTORNEY (the only time he spoke during the whole proceeding, by the way): Here it is, your Honor(it appeared that paper didn't go through to the judge and judge had to review my opposition for a few minutes) JUDGE: Ms. ME, in review of your response to the summary judgment motion… you are… first of all… objecting to the assignment of debt, bill of sale, the assignments of the loan… whatever it may be… but in particular there are a couple of statements contained in the affidavit submitted in support of the plaintiff’s position and one such that there was an account which was opened by you or FIA NA Card Services Alaska Airlines in MM/YYYY, which account became delinquent and charged off on MM/DD/YYYY… now in support thereof of this credit card debt, other than you saying that these records, perhaps, were not kept in the ordinary course of business, we have a number of documents reflecting the Alaska Airlines Visa Card showing a balance of 10,XXX, payments made, credit card agreements, etc. although unsigned, perhaps, but there is never within these documents a denial of the debt ME: I deny that owe to the plaintiff JUDGE: You deny you owe the plaintiff because of the progression are coming from the credit card to another company to another company to the purchase by Cavalry SPV ME: Correct… JUDGE: That is what you are objecting to? ME: I object that I owe to the Plaintiff, yes, your Honor JUDGE: Okay, I… really… that is no merit to me and I can go ahead and look at some documents that track it to them, that they purchased it… my name could be on this as plaintiff… I could have purchased this debt from the credit card company… and if I had purchased the debt from the credit card company, the only thing you can object to is the underlying debt… if I paid them even 5 cents on the dollar to buy this 10,000 dollar debt and I have got a bill of sale, that is all it takes… What I want you to do is if in fact you are going to deny the debt, deny the debt… NOT the procedure used to get to this point or plaintiff who owns this debt. That is what I haven’t seen here!...
  3. 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.
  4. Hi guys, first time here. I live in a small town in Washington and my resources here seem to be very limited. I've never been sued before but I received a summons yesterday for 3 different medical bills rolled into one, totally 298 dollars (can they even do that?). I called the collection agency (Armada), scared to death, and was ready to pay the 427 dollar bill that it had increased to. However the woman told me, since it was now filed with the court I also had to pay attornies fees and so forth, now totally 841 dollars (i'm pretty sure it doesn't cost $400 to file a complaint). I know it may not sound like much, but I feel like I'm being bullied and robbed here. I've read that 85-95% of these cases end in default judgment becasue the defendants never reply to the summons. So I decided to stand up for myself. I've googled all of my questions and can't find anything for WA State law. A few questions I have are: 1. I wanted to do a general denial in the answer to force them to provide proof of services and that they legitmatley have claim to the debts, should I also file a sworn denial at this time? 2. Do they need to provide a copy of the actual evidence, like my signature on the intake form, what services were rendered, and so forth? (was that stuff supposed to be with the summons?) 3. When do I file motions? Before or after the answer? (what motions would I file, discovery?) 4. If this goes on, does it cost them more money or will I eventually have to pay even more attornies fees if I lose? 5. If this does go to trial and they do have the documents I requested, what then? Go through with it anyway and hope that the judge may reduce the total amount owed? 6. Is there anything I should do before hand (even if its a longshot) to make sure its still on the table after my answer (e.g. motion to dismiss, affirmative defenses, counterclaims etc.) I'm really just hoping that they find all this not worth their time, and maybe even settle for something much less. Is that realistic or wishful thinking? Thank you guys so much.
  5. I was severed last saturday (Aug. 9th). I just found this form and have been reading as much as I can when I have time. I really don't have any knowledge about this kind of stuff so please let me know what kind of options I have, and what I should do next. From my reading I need to respond and file an "appearance" along with a filing an "answer to summons" What should these look like?? Thanks for any help. my questionnaire info. 1. Who is the named plaintiff in the suit? Cavalry SPV I, LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) David B. Schumacher, PC (Portland, OR) 3. How much are you being sued for? $1049.91, Plus interest of $197.80, And attorneys fees of $300.00 4. Who is the original creditor? (if not the Plaintiff) HSBC Nevada, N.A. / Orchard Bank 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. 7. Was the service legal as required by your state? To my knowledge. 8. What was your correspondence (if any) with the people suing you before you think you were being sued? None at all that I can remember. 9. What state and county do you live in? Washington state, Whitman county. 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Sept 2011 11. What is the SOL on the debt? To find out: I believe it is 6 years for WA CC debt. 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? Says 20 days after the service or summons. (Aug. 9th) So 14 days 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. Just the summons Any help would be much appreciated. At this point I've been doing so much reading that, to be honest, I am sort of lost in a sea of information. I am not sure what/how to do what I need to next.. Thank you. Also, I attached a copy of the summons for review if needed. Suit docs.pdf