Thought on my judgment case.

[per ingenium supero]

Here is the skinny:

I was served with a complaint and a summons (with no court date listed) on September 11th from a CA in Washington State. I responded with a Notice of Appearance, Answer w/Affirmative Defenses and a Counter Claim, and a Debt Validation letter to the CA.

What I received back from the CA on the DV were screen prints of the OC accounts (and get this...with private medical information and diagnostic/CPT codes on them, in violation of HIPAA), and a letter of "Assignment and Itemized Statement" giving the CA authority to initiate legal action, signed by the OC. The kicker is that the date on the assignment letter is two days after the CA filed for a judgment against me in our state district court!

Now I know that there is a serious low-water mark for what constitutes "debt validation" per Chaudhry v. Gallerizzo, the Fourth Circuit Court of Appeals: "Verification of a debt involves nothing more than the debt collector confirming in writing that the amount being demanded is what the creditor is claiming is owed; the debt collector is not required to keep detailed files of the alleged debt."

Q1) Re: Statute of Frauds and Lack of Privity. Does this mean that screen prints of an account and a letter of assignment (sans any signed contract by me) constitute sufficient proof of debt and a contractual relationship between me and the CA...in a state court?

Q2) Re: Can I use a hearsay defense to get this "evidence" thrown out? The documents were created outside the court, are an intentional statement of fact, and are being offered as truth of the matter of an owed debt. I don't think that the "business records exemption" applies because the CA's attorney is not an employee of the OC, cannot speak authoritatively regarding the records' authenticity, and lacks intimate knowledge of how those records are initiated, billed, and kept.

Q3) Re: Objections, Motions, and Procedural Advice. Where might I find a good web source for WA state court proceedures for the pro se civil defendant? Oh, and feel free to list your favorite lay-person objections and advice.

Thanks to all. Btw, I've cut and pasted the redacted version of my affirmative defenses and counter claims for your reading pleasure:

Affirmative Defenses.

1) This action is barred by the Statute of Frauds; no contract has been produced to serve as proof of debt. 2) Lack of Privity; no relationship exists between the plaintiff collection agency and the defendants. 3) The court would unjustly enrich the plaintiff by granting the relief sought herein. 4) The plaintiff has not proven that the debt is valid or that the amount of the debt is correct. 5) The plaintiff has not acted in good faith by refusing to allow the defendants (on xx/xx/xx at 00:00pm) to pay off the separate claims in their entirety with interest to date and reasonable fees, unless the defendants sign a stipulated judgment, thereby waiving any legal rights and defenses, and agreeing to all three debts and $400 in fees on $400 of debt. In addition, both original creditors also refused full payment with interest on xx/xx/xx. 6) The defendants insist that the plaintiff prove that the principle, interest, collection costs, and attorney's fees are all correct, agreed to in the contract, and lawfully charged. 7)The defendants also insist that the plaintiff produce the contract, account statements, and billing records to prove the amount of the debt. 8) The defendants request the Court for judgment on the above defenses, and seeks: A) Dismissing the complaint herein with prejudice. To find in favor of the defendants on counter claims, for 1) actual damages, 2) for statutory damages in an amount up to $1,000 per 15 USC 1692k, 3) reasonable attorney's fees and court costs. C) such other and different relief as the Court finds proper.

Counter Claims.

The plaintiff unfairly and unconscionably sought amounts not expressly authorized by the agreement creating the debt or permitted by law, in violation of RCW 19.16.250 (18) and 15 USC 1692f(1). Second counterclaim: that the plaintiff unfairly and unconscionably attempted to collect on these debts by refusing any good faith efforts on the part of the defendants; Defendants offered payments in full of the individual debts, and payments in full of all three debts, with interest to-date plus reasonable fees, but the plaintiffs refused payment unless the defendants waived their legal rights and defenses by signing a stipulated judgment (thus incurring further harm to our credit) and agreed to fees of 93% of the total debt, in violation of RCW19.16.250 (10, 18) and 15 USC 1692f, respectively.

Feel free to comment on any of the above.

[KentWA]

Remember that RCW 19.16 allows up to $2000 per violation, so pile them on.

The assignment letter is proof positive that they filed a claim without proper assignment. Either file a motion to dismiss (they will likel just refile properly) or MSJ on violation of RCW 19.16 for filing a suit they could not legally do. That will get their attention real fast.