Received summons for power bill

determination · June 14, 2007

1. Who is suing you? Sentry Credit (Gaylen B Payne attorney for plaintiff)

2. For how much?239.90 46.06 interest

3. Who is the original creditor? Puget Sound Energy

4. How do you know you are being sued? served summons sat 5/27

5. How were you served? Were you served? process server

6. What was your correspondence (if any) with the people suing you before you think you were being sued? sent cease and desist on 3 medical accounts in their office they contacted me 1 at work and 1 at home regarding medical debts. They updated with transunion twice, never marked as disputed by consumer requested untimely dv no answer

7. Where do you live? washington state

8. When is the last time you paid on this account? 11/1999

9. What is the status of your case (if anything has been opened)? You can find this by a) calling the court or looking it up online (many states have this information posted daily). awaiting answer

10. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) not showing on credit, contacted oc they said the bill just went to collections in 2005 would not take any payment. I currently have service with them and have since 2004

11. Did you request debt validation before the suit was filed? If not, don't bother doing this now. no

12. Does your summons require a response? (Look hard!) If you don't get a questionnaire with your summons, you are still probably required to answer it in writing. 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? yes

13. What evidence did they send with the summons? An affadavit? A statement from the OC? Anything else they attached as exhibits? no evidence

14. What is the SOL on the debt? To find out: not sure I think 3 years on open end accounts

I need to file an answer but unsure of what to say or if I could file counterclaim for other violations.

cjtx · June 14, 2007

answer the complaint with the court and send a copy to the CA's attorney. One of your affirmative defenses should be SOL. Even if it were considered a written contract, their right to sue expired at least in 2005.

In your counterclaims, you could probably include FDCPA 808(1) The collection of any amount (including any interest, fee, charge, or expense incidental to the principal obligation) unless such amount is expressly authorized by the agreement creating the debt or permitted by law.

Since it is out of SOL, their action is not permitted by law.

determination · June 14, 2007

thank you for the response it is greatly appreciated, I didn't know If I have to answer with something other than the SOL.

someonesomewhere · June 14, 2007

Some very helpful reading.

http://www.washingtonlawhelp.org/WA/index.cfm

The summons may look something like this.

King County Superior Court, State of Washington

Puget Sound Energy, Plaintiff

vs.

NO: 12-3-45678-9SEA

determination, Defendant

12-3-45678-9SEA is the case number. Is there one?

someonesomewhere · June 14, 2007

thank you for the response it is greatly appreciated, I didn't know If I have to answer with something other than the SOL.

Look at your summons. I believe you have 20 days to answer this and you were served more than 2 weeks ago. Act NOW! Do NOT let this sit until the weekend. If you don't file an Answer, they will get a default judgment against you.

Debtors' Rights in a Lawsuit

http://www.lawhelp.org/WA/showdocument.cfm/County/%20/City/%20/demoMode/=%201/Language/1/State/WA/TextOnly/N/ZipCode/%20/LoggedIn/0/rpc/1020100/doctype/dynamicdoc/ichannelprofileid/13866/idynamicdocid/1643/iorganizationid/1553/itopicID/859/iProblemCodeID/1020100/iChannelID/7/isubtopicid/1/iproblemcodeid/1020100

How to Answer a Lawsuit for Debt Collection

http://www.lawhelp.org/WA/showdocument.cfm/County/%20/City/%20/demoMode/=%201/Language/1/State/WA/TextOnly/N/ZipCode/%20/LoggedIn/0/rpc/1020100/doctype/dynamicdoc/ichannelprofileid/13874/idynamicdocid/3846/iorganizationid/1553/itopicID/859/iProblemCodeID/1020100/iChannelID/7/isubtopicid/1/iproblemcodeid/1020100

Is the suit filed in Superior Court? You need to go, today, Thursday the 14th, and file your Answer and Notice of Appearance with the court. You also need to hand deliver a copy of your Answer and Notice of Appearance in person to the law office. Have them stamp a copy that you keep showing they received it. Don't mail it. There ain't time.

http://pview.findlaw.com/view/2111747_1?noconfirm=0

Gaylen B. Payne

Payne & Verzani

30640 Pacific Highway South

Federal Way, WA 98003-4889

(253) 839-1730

RCW 4.16

Limitation of actions

http://apps.leg.wa.gov/RCW/default.aspx?cite=4.16

RCW 4.16.040

Actions limited to six years.

http://apps.leg.wa.gov/RCW/default.aspx?cite=4.16.040

someonesomewhere · June 14, 2007

If this absolutely, positively, completely overwhelms you, then contact Attorney David Leen. Do it Thursday. DON'T WAIT!

Tell him you've been served with a lawsuit for a debt that is beyond the statute of limitations, and you know you need to file a Notice of Appearance and an Answer to avoid a default judgment, but you just have no clue what to do.

David Leen

Leen & O'Sullivan, PLLC

520 East Denny Way

Seattle, WA98122

(206) 325-6022

david@leenandosullivan.com

www.davidleen.com

Sheila O'Sullivan

Leen & O'Sullivan, PLLC

520 E. Denny Way

Seattle, WA98122

(206) 325-6022

sheila@leenandosullivan.com

Some others from naca.net you could also try. If cannot get hold of Leen and O'Sullivan. Call. Talk with an attorney. Don't write. Don't Email. Don't wait.

This one is an easy win 'cause it's beyond SOL.

Dorothy Bartholomew

5310 12th St. E, Ste. C

Fife, WA98424

(253) 922-2016

dbartholomew@qwest.net

www.findbankruptcy.com

Dietrich Biemiller

8420 Dayton Ave. N.

Seattle, WA98103

(206) 547-1000

waconsumerlaw@gmail.com