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I was served Today!


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1. Who is suing you? Collection agency

2. For how much?$1040.09

3. Who is the original creditor? Hospital (still is they took a payment from us this week)

4. How do you know you are being sued? Served

5. How were you served? Were you served? By proccess sever

6. What was your correspondence (if any) with the people suing you before you think you were being sued? They sent collection notice.

7. Where do you live? WA

8. When is the last time you paid on this account?9/8/09

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

10. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?)NO

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?

1. Court has jusidiction (yes)

2.Plaintiff is owner by writen assignment

3. Plantiff is incorperated in state of WA.

4. Plantiff has paid all fees and penalties due to state of WA

5. Defendants are husband and wife

6. Defendants became indebted to the folowing company ini exbit A.

A. Amount 600.00

B Collection cost 0.00

C. Awarding platiff interest of 86.00

D. Handlinf Fee 0.00

E. statutory cost 3.00

F. Attorney Fees 200.00

I. total 1040.00 (I rounded some numbers a few cents)

13. What evidence did they send with the summons? An affadavit? A statement from the OC? Anything else they attached as exhibits? There computer print out with amount owed with interest.

14. What is the SOL on the debt? To find out:

We paid hospital directly $100.00 this past week.

What should I do now>


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Who's listed as the plaintiff?

You will need to answer the summons and plan on appearing in court. But you are already acknowledging the debt by making regular payments. So, you really dont have much of a defense. It sounds like they just don't want to wait for their money anymore. Can you contact to see if they'll take a settlement in exchange for dismissal of the case?

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First, make sure you go to the court date, you do not want a default judgment in their favor just because you did not show up.

Since the debt is yours, simply tell the judge how much you can afford to pay, the courts usually do not make a person pay more than they can afford.

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If the collection agency is a JDB, then they most likely have standing to sue.

This is why it's important to realize if we're dealing with an OC and a JDB.

OC is not a CA

JDB is a CA, but they also use 3rd party CAs too.

What you need to find out is if the Plaintiff is a JDB, or if it' s another CA acting on behalf of an OC or JDB.

Either way, a third party agency has no standing to sue. But a JDB does.

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That my friend, is a good question.

I'm guessing you'll find out from discovery.

You should most definitely request a "chain of title" in your discovery requests, granted it goes that far.

And if it were me, I'd still assert that the CA has not standing, until they are able to prove otherwise.

I've not known hospitals to sell debts, so there's a good possibility I'm wrong about it being a JDB.

Perhaps someone who's more familiar with assignment contracts will chime in here and help out.

My thinking is like this:

Only one of the two entities can have the rights to the debt. Either the Hospital or the CA. If the hospital has it, then they are the only ones who have standing to sue, not the CA. If the CA has it, then they have standing to sue. Now, if the hospital took the payment, then either a) the hospital still has rights to the debt and should be listed as the plaintiff. B) The hospital messed up and breached their contract with the CA; or c) The hospital sold the debt, and someone took payment when they shouldn't have, "Unjust Enrichment."

Without more details, though, we won't know for sure.

And it's a good thing, you're wanting to keep this informaiton blurred, as this is a public forum. But what we have to work with here is quite limited, and thus our capacity to help is limited as such.

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I called the hospital today they still own debt and can take payment.

What should I do on answering summons aginst collection agency they are the one listed as plaintiff?

Would this be false and misleading and warrant a counterclaim?

I'm willing to pay the hospital but would like to put a tight rope on the collector and watch them swing.


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How about

807(2)(A)- Misrepresenting the Legal Status of the Debt since they're not a real party of interest.


807(5)- Threatening to take an action that can't legally be taken.

And then when you pay off the hospital, maybe they'll not update their claim in court, and then they're asking for money not even due, and they're filing a frivolous lawsuit and wasting the court's time, and you can pray the court sanction the lawyers.

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