gbailey Posted January 3, 2008 Report Share Posted January 3, 2008 i've been coming to this site off and on for about six months now. reading all this wealth of information, man- was i ignorant, and completely unaware of just how much of a mess i was in. you guys are awesome. i've grown by leaps and bounds. now i've become a member, part of this community, and could really use some serious help. any words of wisdom would be greatly appreciated and would save me from going through another financial hell.thanks in advance.1. Who is suing you?local law firm2. For how much?in the "complaint" part they state 11,500 plus all the interest, plus 650 for their fees. on the phone they said the original balance is 9,500, but on the credit report the charged off amount is 5,5003. Who is the original creditor?original creditor is the bank of america, then the people suing me say they got the account from worldwide asset purchasing4. How do you know you are being sued?this is the part i'm confused about. is this intent to sue or suing already? could i still DV them since it's not technically through the court yet?5. How were you served? Were you served?got the summons dropped off at my house, some guy in civilian clothes gave it to my roommate6. What was your correspondence (if any) with the people suing you before you think you were being sued?this is my second time around with these guys. first time (when i could not tell the forest for the trees) they won by default when they sued on behalf of capital one. i started making payments to them, then i got this. so i had one quick talk with them on the phone (was asking them about what info to include on the check for the first lawsuit, then they brought this up during the conversation. that's when i did a mini "discovery" over the phone)7. Where do you live?wa8. When is the last time you paid on this account?don't really know. the antagonists said themselfs that the last payment activity was 11/04.(that would make it past SOL) they even gave me the exact day of the month (have no clue as to where exactly they got that precise of the information). spent $30 to get combined CR from three agencies, just so i can see for myself the month/year of the last activity on the account, an hour and a half later, i still could not figure it out.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).nothing yet10. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?)i'm afraid it's too late for that ?11. Did you request debt validation before the suit was filed? If not, don't bother doing this now.i wish i did. is it too late? since it's not technicly filed?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?there are three parts to this death sentence packet.one is "summons"two is a copy of the "notice to service members and their dependents" three is a "complaint". A "complaint" includes the credit card amount # and the total amount they want, plus attorney's fees. there is no stamp that shows any kind of date from the court house, but it is signed and dated by one of the liars 9 days before I was servedthe gist of the "summons" part is- "A lawsuit has been started against you in the above-entitled court by the above-named plaintiff. Plainfiff's claim is stated in the written complaint, a copy of which is served upon you with this Summons. In order to defend against this lawsuit, you must respond to the complaint by stating your defense in writing, and serve a copy upon the undersigned attorneys for the plaintiff within 20 days after the service of this summons, (or within 60 days after the service of this summons, if you were served outside of the State of Washington) excluding the day of service, or a default judgment may be entered against you without notice. A default judgment is one where plaintiff is entitled to what he asks for because you have not responded. If you serve notice of appearance on the undersigned attorneys, you are entitled to a notice before a default judgment may be entered. You may demand that the plaintiff file this lawsuit with the court. If you do so, the demand must be in writing and must be served upon the plaintiff. Within 14 days after you serve the demand, the plaintiff must file this lawsuit with the court, or the service upon you of this summons and complaint will be void. If you wish to seek the advice of an attorney in this matter, you should do so promptly so that your written response, if any, may be served on time. This summons is issued pursuant to Rule 4 of the Superior Court Civil Rules of the State of Washington."no questionnaire of any sort was attached13. What evidence did they send with the summons? An affadavit? A statement from the OC? Anything else they attached as exhibits?they included my name, the credit card #, and the upaid balance14. What is the SOL on the debt?three years, so if i go with the date they gave me over the phone, then it's already past SOL, if i go with the date on the credit report, then... well, i will need some serious help with that. should i start a different thread for that... maybe under Credit Repair/...Credit Bureaus/Reports/Scores?i only have a day or two before they it's too late to... past 20 days. Link to comment Share on other sites More sharing options...
unusualsuspect Posted January 3, 2008 Report Share Posted January 3, 2008 It's too late to DV them-- get ready to defend this suit. Link to comment Share on other sites More sharing options...
trueq Posted January 3, 2008 Report Share Posted January 3, 2008 Today!Even if its just a:"I deny"Include"I reserve the right to augment and amend defenses at a later date.""TRIAL BY JURY DEMANDED".File this at least, before time runs out, then either hire an attorney or take time to file a proper responses with all your defenses.You need to submit to court AND plaintiff attorney with a certificate of service attached. Link to comment Share on other sites More sharing options...
astiman Posted January 3, 2008 Report Share Posted January 3, 2008 Attack any alleged affidavits. Attack chain of custody. In discovery phase, get all DV info.... Link to comment Share on other sites More sharing options...
gbailey Posted January 3, 2008 Author Report Share Posted January 3, 2008 how do i properly "answer", the court and the people suing me?(i'm trying to do as much research on this site as i can, i don't want to be labeled as one of those people who are too lazy to do their own research, but it's just right now i'm almost out of time to answer)my questions to you guys...how do i file it with the court?do i go to courthouse and ask the clerk for some papers to fill out? or do i bring my own typed "response" letter, i'm so lost...the response, answer to the plaintiffs, do i write it and send it in the mail, certified with signature required delivery or just CMRRR?or have somebody "serve" it to them?what should be the format of the letter to the Plaintiffs and what should i sent to them? a copy of the same papers that i filed/gave to the court people?i don't know what defenses to list, because i don't really know what they have on me. i want to be able to use everything in court later, but if i don't list it on the letter, (i've read), that i won't be able to use it in court? i start to think, SOL might be up, not the right amount, them not having the right to collect/chain of ownership...i'm very confused.who "certifies" the CERTIFICATE OF SERVICE? and where do i get it?the summons is being filed "in the superior court of the state of wa" Link to comment Share on other sites More sharing options...
gbailey Posted January 4, 2008 Author Report Share Posted January 4, 2008 Mailed the answer today to the law firm suing me, next day delivery, will get there by Friday. I'm safe; it's been less than 20 days.For future reference, when sending the answer certified, is "Return Receipt Required" which gives you a copy of their signature and not just proof that you sent it but also that they received it, overkill?Went to the courthouse and got the form for filing an answer, now realizing that there isn't really a standard form of/for initial answer.My hang-ups were the order of steps to take. Now I know there is a difference between answering initial summons and complaint when it's not filed in court and the plaintiffs can get default judgment vs. answering summons and complaint when it's already filed with the court with an actual case #Thanks everybody for all your help. Link to comment Share on other sites More sharing options...
msldystrkr Posted January 4, 2008 Report Share Posted January 4, 2008 >>6. What was your correspondence (if any) with the people suing you before you think you were being sued?this is my second time around with these guys. first time (when i could not tell the forest for the trees) they won by default when they sued on behalf of capital one. If the above is meant that you have already been sued for this debt then you can NOT be sued again. Check the courthouse for the past suit. That would be your answer and defense!!! Link to comment Share on other sites More sharing options...
StressPot Posted January 4, 2008 Report Share Posted January 4, 2008 Here are links you should see immediately!http://www.nwjustice.org/http://www.washingtonlawhelp.org/WA/StateChannelResults.cfm/County/%20/City/%20/demoMode/%3D%201/Language/1/State/WA/TextOnly/N/ZipCode/%20/LoggedIn/0/iSubTopicID/1/iProblemCodeID/1020100/sTopicImage/g-benefits.gif/iTopicID/859/ichannelid/7/bAllState/0The second link has all the information you will need to file your ANSWER.the antagonists said themselfs that the last payment activity was 11/04.(that would make it past SOL)I live in WA too. I have done a ton of research. Please read this carefully.If your last activity was 11/04 on a CC, then it is not past SOL.Why? WA state RCW does not have a statute for SOL in regard to Credit Cards. RCW deals with written and verbal contracts only when it comes to this kind of situation. In this state they argue it in court as a written contract. The SOL in this state is 6 years. Yes the websites are wrong about WA being 3 years.As backup for this statement, I have talked to legal council about this. I have written to every website that posts a state's list of SOL's, including Bud Hibbs and asked how they came up with their posted 3 years on WA!! I have not gotten any tangible response to date.Here is a link so you can research the WA RCWs yourself: http://apps.leg.wa.gov/rcw/And more specifically on the WA SOL: http://apps.leg.wa.gov/RCW/default.aspx?cite=4.16Good luck and let us know how this goes!StressPot EDIT: If you use the Time Barred defense (past SOL) let me know how well that goes over in court! Link to comment Share on other sites More sharing options...
msekinah Posted January 4, 2008 Report Share Posted January 4, 2008 Here are links you should see immediately!http://www.nwjustice.org/http://www.washingtonlawhelp.org/WA/StateChannelResults.cfm/County/%20/City/%20/demoMode/%3D%201/Language/1/State/WA/TextOnly/N/ZipCode/%20/LoggedIn/0/iSubTopicID/1/iProblemCodeID/1020100/sTopicImage/g-benefits.gif/iTopicID/859/ichannelid/7/bAllState/0The second link has all the information you will need to file your ANSWER.I live in WA too. I have done a ton of research. Please read this carefully.If your last activity was 11/04 on a CC, then it is not past SOL.Why? WA state RCW does not have a statute for SOL in regard to Credit Cards. RCW deals with written and verbal contracts only when it comes to this kind of situation. In this state they argue it in court as a written contract. The SOL in this state is 6 years. Yes the websites are wrong about WA being 3 years.As backup for this statement, I have talked to legal council about this. I have written to every website that posts a state's list of SOL's, including Bud Hibbs and asked how they came up with their posted 3 years on WA!! I have not gotten any tangible response to date.Here is a link so you can research the WA RCWs yourself: http://apps.leg.wa.gov/rcw/And more specifically on the WA SOL: http://apps.leg.wa.gov/RCW/default.aspx?cite=4.16Good luck and let us know how this goes!StressPot EDIT: If you use the Time Barred defense (past SOL) let me know how well that goes over in court!I'm not a Wahington Rez, but that site is jam-packed with good info. Link to comment Share on other sites More sharing options...
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