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Going to court 5/7 any advice?


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I am going to civil court thursday and here is where I am at

2/27th got call from Ca, stating "we need to talk about your lawsuit" you owe XXX, me send proof..( also threatened to call hubbys boss)( Me HUH?) I had No idea what they where talking about!

( sent DV w/ C&D next day after looking up address of CA CMRR) Green card back 3/3

3/5 Ca filed suit in Civil court( funny thing on the bottom says 2/20)

3/27 served summons at my home

3/30 filed answer. counterclaims, and filed request for production of documents( discovery)( request again all contact be in writing, sent All CMRRR, Green bard back 4/1( they had 20 days to reply)

4/1 "letter dated 3/25 per your request copy of charges and summons& complaint.( two papers of charges, nothing signed by me( highlighted even)

( thier answer to my DV)

4/9 CA violated C&D Calls old neighbor and leaves detailed message on answering machine

4/10 I call Ca, very polite too and ask, did you call? Employee looks at "file" says yes we called yesterday its right here in the file , you owe.xxx.I remind CA there is a C&D in effect,,and that this case is in court,, Shouldnt your atty have this file? Ca says "oops" we honeslty dont even look thru the file before we call,actually says ' we just F'd Up huh.,never said the calls being recorded :) so sweet even gives me her name..and her stupid -advisors too. admits again we just totally screwed this up huh,,wonder why atty dont have this file,,yeah says barb X called yesterday and left a message then called again and talked to XX.. ohhh ummm i should get you my "boss" huh.. umm ( You just Have to love kids) just kelp talking and I let her

gets "stupid- advior" on the phone who promptly panics, says, If there a C&D we cant talk to you, if there is a "issue" put it in writing and we will address your concern,, Oh by the way this call is being recorded, and I am terminating this right now.

4/10 send letter to atty about the Violations In detail I will be asking addition $$$ for Violations(CMRRR)and letter will be filed with the court.

4/10 copy of Letter filed with Court

4/13 Filed add. request for production,

Recordings of all calls( gave exact times and dates), and Copy of Case files /records on defendants., copies of any written communications, in said files( sent to CA CMRRR) Green card back 4/15)( 20 days to reply)

4/14 I got a court Date and mail notice CMRRR to CA ( green card back 4/15)

( bet that suprised them! hee hee I am ready to go)

4/22 filed Noterized affidavit, from old neighbor, about call on 4/9,

and filed , Motion and Declaration for Summary Judgment , for Defendants Counterclaims...( Ca CMRRR green card back 4/23)

CA has:Done NOTHING, filed Nothing after summons , produced Nothing, no letters, no "documents" discovery ect..

what should I do or say IF they even show up, and try to "show proof" esp since they failed to provided me with any documents I asked for in my discovery.

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Object to any documents not provided in discovery. The judge will allow them if you don't object.

I know in court the Plaintiff goes first, would I have Have to say . I Object you honor due to this(these) document(s) where not provided during discovery..? right after the attys opening statement..

I went and watched this Judge(3x), he seems rather "easy going" so i "think" he maybe a little easy on me, but doubtful he would be so easy on a atty.

he was so nice even if he ruled against someone he explained ( Very simply) How it could have been advoided.I also know each case was only about 15 minutes tops.

I also watched him rule for judgements on 34 cases of No shows/ No replies all in under 5 minutes, Great proof of you need to answer that summons!

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I know in court the Plaintiff goes first, would I have Have to say . I Object you honor due to this(these) document(s) where not provided during discovery..? right after the attys opening statement..

You would object as soon as he trys to enter the documents into evidence. You don't need to be polite. Interrupt and say I object your honor.

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But....

You could exercise the arbitration clause!

This waives other sides right to litigate 99.9% of the time.

After conversing with a consumer lawyer in Washington State over exercising of arbitration in my state, he has done similar things in his cases in Washington State.

Although I'm not completely clear on Washington State law, but it sounds like credit card arbitration is a dead end in that state like it is in my state.

(Courts have ruled arbitration is procedurally and substantively unconscienable against consumer in my state.)

No matter what the law in your state, you just bought yourself a year by doing that!

Just a suggestion.....read my disclaimer below...

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But....

You could exercise the arbitration clause!

This waives other sides right to litigate 99.9% of the time.

After conversing with a consumer lawyer in Washington State over exercising of arbitration in my state, he has done similar things in his cases in Washington State.

Although I'm not completely clear on Washington State law, but it sounds like credit card arbitration is a dead end in that state like it is in my state.

(Courts have ruled arbitration is procedurally and substantively unconscienable against consumer in my state.)

No matter what the law in your state, you just bought yourself a year by doing that!

Just a suggestion.....read my disclaimer below...

this is not a CC debt, and at this point I dont want to give the "other" side a year to make up stuff either, we are in Civil court and not small claims sneaky B*****D filed in Civil knowing that attys are not allowed in small claims and is hoping for a default,Suprise was I asked for the Court date, and filed Every thing Needed to beat them,amount they are suing for, 250 atty fee, 53 filing fee .service fee 30 and 342 "past due" ,,I am asking for 10,000, one would assume the atty would have at least Answered something..esp knowing I am Pro- se on this one.

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I went to the court clerks yesterday and still nothing from the Ca's atty,

does anyone know what the time limit to file paperwork is before court? can you file one day before? same day?

and does anyone know what the awards limit is in civil court?

I know Small claim limit here is $5000, But this case is in civil court I am sure the awards are much higher

I looked at washington state courts for civil, and I cant find anything about award limits

Court time is tomarrow and I am "almost" sure atty will not show up, but they havent filed a dissisal either :confused:

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I went to the court clerks yesterday and still nothing from the Ca's atty,

does anyone know what the time limit to file paperwork is before court? can you file one day before? same day?

and does anyone know what the awards limit is in civil court?

I know Small claim limit here is $5000, But this case is in civil court I am sure the awards are much higher

I looked at washington state courts for civil, and I cant find anything about award limits

Court time is tomarrow and I am "almost" sure atty will not show up, but they havent filed a dissisal either :confused:

All these questions can be answered by looking the civil procedures in your court.

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Judicial Services Division

Dirk A. Marler, Director 360-705-5211

Caroline Tawes, Senior Administrative Assistant 360-705-5307

Court Services

Christopher D. Ruhl, Manager 360-705-5228

Court Education Services

Doug R. Ford, Manager 360-705-5313

Legal Services

Nanette B. Sullins, Manager 360-357-2124

Office of Public Guardianship

Shirley A. Bondon, Manager 360-705-5302

Public Information

Wendy C. Ferrell, Manager 360-705-5331

Research Section

Carl J. McCurley, Manager 360-705-5312

hi try calling some of the number located above I see why you cant find the info it not user friendly that for sure too many districts and not enough of useful information on the court page. They may not be able to provide you with specific atleast they can give you directions lol...

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Wish us lots & lots o Luck, a bit nervous today! We are really hoping for a default in our favor, CA's-Atty failed to file anything :confused: so looks real good for us Courts at 1:30 so until then , going to relax :shock:, Ya right

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ARGHHHHHHHHHHHH,

atty showed up :( and gave us his "plaintiffs answers to counter claims, and plaintiffs additional counterclaims,some reason atty thought we where there to just set trial date,,the judge did admoinsh him a bit, says right on the paperwork set from the court "notice of Trial", atty complained that he didnt get all the paperwork from us, YET i have all the green cards sent to the CA's address, also whined a bit that it wasnt sent to HIS address,,told the judge all the paperwork we have gotten has the CA address, and a PO box for the atty and as you cant send CMRRR to a PO box One would reasonably assume the Ca would send it to the atty ( they did) he even said he got "all the rest" now we have his direct address

judge also said that if the shoe was on the other foot, the atty would have motioned for judgement and he can not have a different standard to "oppress a defendant" ( atty was Not ready at all, said he was "still in discovery and that ohh today or tomarrow he will mail it to us" ) I told the judge that as of today we have recieved nothing from the atty , we had answered and filed counter and discovery march 30th and more than 30 days has lapsed, so where told we could file for motion for summary judgement against the Ca,

but now we are ???? I think i have to wait for the discovery, but the judge did not give a time line ,when we get that I will be here for sure asking for help.. so didnt go as smooth or as well as planned,, but i am ready to fight..

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ARGHHHHHHHHHHHH,

atty showed up :( and gave us his "plaintiffs answers to counter claims, and plaintiffs additional counterclaims,some reason atty thought we where there to just set trial date,,the judge did admoinsh him a bit, says right on the paperwork set from the court "notice of Trial", atty complained that he didnt get all the paperwork from us, YET i have all the green cards sent to the CA's address, also whined a bit that it wasnt sent to HIS address,,told the judge all the paperwork we have gotten has the CA address, and a PO box for the atty and as you cant send CMRRR to a PO box One would reasonably assume the Ca would send it to the atty ( they did) he even said he got "all the rest" now we have his direct address

judge also said that if the shoe was on the other foot, the atty would have motioned for judgement and he can not have a different standard to "oppress a defendant" ( atty was Not ready at all, said he was "still in discovery and that ohh today or tomarrow he will mail it to us" ) I told the judge that as of today we have recieved nothing from the atty , we had answered and filed counter and discovery march 30th and more than 30 days has lapsed, so where told we could file for motion for summary judgement against the Ca,

but now we are ???? I think i have to wait for the discovery, but the judge did not give a time line ,when we get that I will be here for sure asking for help.. so didnt go as smooth or as well as planned,, but i am ready to fight..

Translation = they didnt expect you to actually show up? What a shocker :p

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i think my "mistake" was I did not ask for a motion to compel discovery.( 20 days after my 1st discovery request ) and that atty took 45 days to answer my counterclaims, Then I could have asked for a trial , I could have won out right..

I finally talked to a civil lawyer. and told him the start - now where i am, what i have done ect,,whats happened.. he was very suprised the judge was so easy on the other atty, said I should have won :shock:.. also that i am doing a GREAT JOB , I have filed/done everything that He would do( minus the discovery mistake) . & that i am doing fine right now "on my own" and hes hopeful/ encouraged me that I will beat them. LOL said these type of guys are scum..:!:, he counted at least 12 state/FDCPA violations in our phone call and gave me a nice number to ask for,, ohh and said , by the way you know.. umm civil court has treble damages....and that since hes not "repping me" its his personal opinion,,and that if i need his opinion i can call his Cell number..( a Civil atty starts at 700.00 from the few offices I did Call) he wants to know how it is going ,I think he hates JDB/CA as much as anyone else..xdancex

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I need to remeber its Not personal,, &*%%#& , atty said my "counterclaim is/are meant to harrass and brought in bad faith..15 usc 1962k(a)(e)( does this mean if you Defend your self its in bad faith and its harrasment to the atty,, aww no default for you huh.. so sad) :(

I am "stuck" where it says defendant has fail to state a claim upon which relief can be granted (CrLJ 12(B)(6),,,, how do I answer????

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addition all counter claim he denies darn near everything ( ca called after C&D, left message on a ex neighbors machine) Atty did get the noterized affidavit at court yesterday) here is my second 'additional' counterclaim

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On April 9th 2009 your company violated a Ceased and desist request per letter received by your company on or about march 31, 2009, and a Second notice to stop further calls, was received by your company April 2nd, that all request be in writing

On April 9th your company contacted 253-671=xxx ,a Third party

your company left a message stating that caller was 'Olympic collections' and stated they where trying to locate, CXXX XXX about a debt owed to said company

Caller Id , indicated your company number as being 206-681-xxx

then has the violation number 806 807, rcw 19.16 2.50

FACTS:

On Friday April 10th around 9:45am I spoke with 'ninia' and she confirmed a call was indeed placed to 253-671-xxx by a employee at Olympic collections and is noted in said records of Olympic collections, I was then transfered to another employee and was notified then that the call was being recorded, and the reply to this violation in writing and that the employee was terminating the call,

These violations show a clear disregard of the law,

I will there for ask the court to award actual, punitive,& legal and other damages deemed seen fit by the courts for these violations, a copy of this letter will be filed with the clerks office .

my name address ect..

____

atty reply

deny's all first three paragraphs, denies rcw.19.250, reply to last three paragraphs plaintiff states, 1st para. is a factual allegation which is not accurate and is therfore denied, para. 2 denied, para. 3 is a prayer for relief..

I did do additional discovery request:

REQUEST FOR PRODUCTION OF DOCUMENTS

COMES Now Defendants xxx & xxx, and files this Request for Production of Documents, and requests the Court to grant such Motion based on facts stated below:

Copy of Olympic Collections Phone Recordings in any format,Dated April 9th FROM Phone Number206-812-xxx made TO 253-671-xxx

Copy of Phone Recordings In Any format , Dated April 10th, TO Phone Number 206-812-xxxx made or recieved between the hours of 9:30 am & 10 :15 am From Defendant(s)

Copy of any and All records Kept by Olympic Collections on Defendants, together or seperatly by Olympic Collections

To include Phone calls, notes, Any and all written communications in said Files Kept by Olympic Collections on Defendants.

Any and all notes, memoranda, or likewise, be they handwritten, computerized, or typed, regularly kept in the normal transaction and business of collecting debts, that relate to the Defendants

,this was filed with the letter above

I am stuck on this one, i am not sure how to answer back to this..

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xdancexxdancexxdancex

spoke with a Naca lawyer so happy now, he also said, I am right on , teased I should be a lawyer ( i said nope I happen to generally Like people)and everthing is as it should be, carry on.. was very impressed , told him Ihave good friends with good advice.well so far Thanks CIC!!! , good news he is now thinking of opening a office in the town I live in," to beat back the scum attys" even called them other names I wont write down..

Lawyer= follows the law

ATTY = at the top (of the) Yuck heap

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well.. got my discovery today, i wil lpost alittle at a time, as they sent alot of stuff,, LMAO in the notes they said" Z is really a pain in the a$$ and is just wasting our time,, not once but twice they said that YES!!! how much happier can ya get to be a pain in the a$$ to a CA!

ok, back to work,

asked for, date of doc, tpye of doc, names and address of who made doc,location

sent copies of cover sheet, has my name address ssn ect and copy of drivers lic,( has sticker on it amount 342.16 placed for collection 1-05-09 account number)

Copy of HIPPA/Privacy notice, ( payemnets says insurance company, third party that they can call your health plan about services befor ethey are done) , Special Situations : Business Associates,,nothing about CA, says so third party can bill your insurance

lawsuits and disputes, if your involved in a lawsuit or dispute , only if efforts have been made to notify you

signed by me 1-18-07 9 should be 08

copy of insurance, finacial arrangements and release, yada yada, thsi is sensitive material and legal procedures MUST be followed,

concent the DR and Insurance to exchange information, insurance to pay dr directly( Nothing about CA)

signed by me 5/13/08

two pages of "charges" shows 1-18 09 165, 1-18-09 110 ect

then lower says (1st payments starting) 3/31 insurance payemnt 3-31 applied to deductable 3-31insurance adjustment ( theres 18 of these for 4 visits) bottom says, assign and release. yada yada payments to dr

patient signature (NOTHING unsigned) date NOTHING unsigned..

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nothing saying who made the "copies" no affi or noterized statement( funny thing even thier totals are less than what they are suing for( 235.70) and they missed a day on the statements :)

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asked for assigment

assignment of claims for collection

Dated Feb 10th

drs office listed, Ca names listed

assign date 1-8-09

says 342.16 gives all rights or claimscan sue settle ect..claim is legally owing

signed no date next to sig, not noterized, nothing saying who this person even is or who she works for

atty note mr lonnie ledbetter is the custodian of this record, plaintiffs legal dept manager( got nothing from Lonnie..)

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asked for, copy of letter(s) sent to us from Ca

(love this one) dated 1-8-09 from CA

drs name

amount is 342.16 plus 4.27 interest , 346.43 ,charge 12% per annum

be adivse dyour account has been assigned to us, , pay in 30 days, mini miranda, if you dispute ,,ect

guess they didnt look at the assigned statement date, I am sure 2/10 is After 1-8..

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asked for, Noterized statement, by person with Original Knowlede of alleged debt as it was constituted,,

Answer, No noterized statement exists at the present time, a noterized statement will be generated in the near future in support of the plaintiffs MSJ on its claims against the defendants, that will be provided to the defendants.

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asked for any bills paymenst, sent EOBS,, ( again dont add up to 342.16)

checked againt all the EOBS I got from insurance site) not complete missing 4 PIF visits from insurance.

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copies of letters i sent them, sent back 2 of each( only sent two One DV one C&D,,)

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copys of lic, current

I didnt need these , I already Looked them up , but what the heck :twisted:

_____________________________________________________

asked for copies of thier files,,notes ect.. will put in next post

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asked for copies of thier files,,notes ect..

the one i love xdancex the most..

thier "records" dated 4/20 no noterized statement,

name,personal infor current address .debt status, judgement( they wish)

client name ect sevice date 9-12-08 list date 1-8-09 pricipal, 342.16 interest 11.47. fees 283. balance 636.63

debtor history

1/8/09 first thing listed is OLD address( 4 years ago)

1/9 letter 1_1 sent for account to DC

1/13 Called Hubbys work, told not to call

bunch of stuff lmtc for Hr

2/3 debtor status changed from new to PTP

2/3 Called Hubbys work Again to ask his Job status, work will not verify Garnishments.2/10 status change from ptp to plg

2/10 warning" WAITING ON A LETTER ASSN PRINTED FOR ACCOUNT TO DC

2/20 prep S&C

2/24 RCVD ATTY SIGNED S&D

**they also forgot to mention they called me the 24th

** THEYsomehow "forgot" my Dv sent 3/2, got on the 3/3

3/18 RCVD FILED S&C FRM LMS CASE#XXX FILED ON 3-05

3/25 MZ says no calls , everything in writing,, what lawsuit, disputes.

** Dates is wrong 1st contact was call 2/25

** also left out was served summons 3/27

***GOT dV BACK DATED 3/35 REVD 3/28

3/31 WARNING RCVD PRO SE APPERANCE AND ANSWER TO COMPLAINT

next 5 pages , my answers ect..

4/1 RCVD Delclaration of service

4/1 TT joe papers where served 3/27

4/1Client faxed dispute recived from Mrz , signed finacial docs, letter sent to Mz records show balance of 342.16 and we just think CA is peachy and have our full trust..

( one of my favs) 4/6 he needs us to reproduce the 1st letter that went out, he knows that we out source these but recalls one time where we did it iver and is hoping for the same thing on this one

4/06 LEE ALSO STATES THATHE BELIVES THAT Z DISPUTED PRIOR TO BEING SERVED AND THAT WE SENT THE ITEMIZED TO Z PRIOR TO BEING SERVED WHICH WAS A GOOD THING **TO MAKE SURE DATE OF WHEN SLC MAILED DOC TO Z IS PART OF THE DECLARTAION,fyi I WILL BE CREATING THIS DECLARTATION IN THE NEAR FUTURE

4/6 WARNING WE NEED A COPY OF A LETTER SENT 1/9 09 TO MRSZ

4/10 t/call said ,someone called neighbor , told could not talk send in writing, I record the call

** i SEND LETTER YALL VIOLATED C&d AND WHO I TALKED TO

4/13 WARNING STILL WAITING FOR A COPY OF THE FIRST NOTICE FROM THE COMPANY THAT DOES OUR LETTERS

4/13MY ERROR I GAVE TO x TO REVIEW I DID NOT KNOW Z WAS GOING TO NOTE MY ERROR tt LANI TOLD HER LETTER WAS GOOD AND SHOULD BE A PROBLEM TO SEND, ALSO MAILED LEE NOTES FROM "OTHER ACCOUNT" THAT HAS PHONE NUMBER IN QUESTION HERE

** copy of letter i sent

4/15 WARNING NOTE TO LEE THAT Z IS ASKING FOR PHONE RECORDS

4/16 WARNING NEED ASAP EOBS AND CORRESPONDENCE FROM THE PT AT ALL, ANY INS INFO SENT ANYTHING OF VALUE THAT MAY HELP

4/17 WARNIG STILL NEED COPYOF 1ST NOTICE SENT FIA MAY HAVE A EMAIL WITH THAT DOC

4/17 CLIENT FAXED EOBS

4/20 EMAILED NOTES TO LEE

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nothing saying its a true copy of thier records................

ok any help..

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I really need help with what was provided in discovery,

I want to object to some things provided,

what is the name of the motion? strike, or dismiss?

do i write something like

, defendant objects to 1: assigment provided , is not authenticated. plaintiff states date of assign 1/8 letter provided clearly shows 2/10 ect.

" " ( they Out source the collection letters) one they provided dont have any supporting docs ect..( even says they "recreated this")

do I need to file a motion to dismiss?

Please help. any imput, where to find forms ect is greatly welcome

anyone?

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Dated Feb 10th

drs office listed, Ca names listed

assign date 1-8-09

says 342.16 gives all rights or claimscan sue settle ect..claim is legally owing

Assigned date is 1/8/09, the letter or form printing date is later is all. I don't think this is a discrepancy. Authentication, and the original assignment etc. is still on the table though.

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