ONESHOT Posted April 12, 2007 Report Share Posted April 12, 2007 Asset Acceptance hired Suttell & Associates P.S. (?) that just summoned me from a local attorny for a 6 yr old credit card debt aquired/used in a state other than where I currently reside. Haven't made a payment since Mar 01. The SOL in previous state was 4 yrs & where I live now is 3yrs. They want a response within 20 days or it goes into default judgement without notice! What do I do? Link to comment Share on other sites More sharing options...
SecretAgentWoman Posted April 12, 2007 Report Share Posted April 12, 2007 Respond to them "it's out of SOL so FOAD."They are betting on you won't know your rights. Link to comment Share on other sites More sharing options...
ONESHOT Posted April 12, 2007 Author Report Share Posted April 12, 2007 Does FOAD means F off and Die? That's cool! Thanks for helping. I'm writing the letter right now. I'll post if you want. Link to comment Share on other sites More sharing options...
SecretAgentWoman Posted April 12, 2007 Report Share Posted April 12, 2007 Yes, FOAD means...that bad word I'd never utter in real life. hahaPlus, there is no such thing as a "default judgement with no notice." All court cases require proper notice, i.e. service. What a bunch of tools.PS - when you said "summoned me" do you mean "sent me a scary looking letter" or "hired someone to officially serve me in a court case?" Because if it's the latter, you might want to leave off the FOAD. Link to comment Share on other sites More sharing options...
ONESHOT Posted April 12, 2007 Author Report Share Posted April 12, 2007 It looks like a court document but says, SUMMONS on the side where it would state the courts. They hired someone to "drop" it off... Link to comment Share on other sites More sharing options...
SecretAgentWoman Posted April 12, 2007 Report Share Posted April 12, 2007 If it is a real summons, then there should be court information. Call that court. Remember, your answer has to be to the court. Look up the revelant SOL law, and be sure to cite the statute number in your answer. Link to comment Share on other sites More sharing options...
ONESHOT Posted April 14, 2007 Author Report Share Posted April 14, 2007 Good advice! Contact the court! The paperwork delivered looked like no summons I've ever seen. I thought it was a joke from the CA. Went by the court today & they said, ""Yes" it has been filed. Feel like an idoit as we responded w/ a cert/return letter stating everything we should have told the court. So this weekend, we'll have our response to summons stating the SOL!! Will post outcomeWish me luck Link to comment Share on other sites More sharing options...
ONESHOT Posted April 14, 2007 Author Report Share Posted April 14, 2007 Does any one have a response form for Superior Ct state of WA I can download? Looked on sticky & didn't quite see what I needed.Thanks Link to comment Share on other sites More sharing options...
SecretAgentWoman Posted April 14, 2007 Report Share Posted April 14, 2007 You can start here:http://www.courts.wa.gov/forms/?fa=forms.static&staticID=14http://www.courts.wa.gov/forms/?fa=forms.contribute&formID=60What you want to do is answer with a motion to dismiss based on the SOL.Might be worth paying a lawyer to review your pro se answer, I dunno. Link to comment Share on other sites More sharing options...
MadinKS Posted April 14, 2007 Report Share Posted April 14, 2007 Have you checked their website? Alot of courts have their forms and stuff online. http://www.courts.wa.gov/court_rules/?fa=court_rules.local&group=local Link to comment Share on other sites More sharing options...
SecretAgentWoman Posted April 14, 2007 Report Share Posted April 14, 2007 *dances*I'm 2 minutes faster than Madin, neener neener nnnnneeeener! Link to comment Share on other sites More sharing options...
MadinKS Posted April 14, 2007 Report Share Posted April 14, 2007 Yes, you are the woman. Link to comment Share on other sites More sharing options...
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