Need guidance on next step

[Pickles]

Looking for guidance. Here’s a summary of what has occurred.

I was served a summons and complaint in June 2009. I did not answer the summons itself, but I did initiate contact with the law office and the OC. Got them to agree to monthly payments, but I refused to sign any stipulation of judgment. They accepted my payments for four months, with the first three being cashed by the OC, and the last two showing as being paid to the law office. At this point I got nervous and sent them a letter demanding an accounting of my payments. No response. Sent a second letter with the same accounting demand, stopped my payments, and elected arbitration.

Six months later, I finally get what they represent as an accounting, although it did not show my last payment nor how interest was accruing.

Fast forward to today, more than a year and a half after originally serving me, the law office files the complaint with the court. (They can serve summons first, file later in Washington state).

I never officially answered the summons. Although technically it may be too late, I plan on doing so now anyway.

The complaint shows the amount it was originally, without any adjustment for the more than $2,800 in payments I made.

Disregarded my election of arbitration all together.

Any ideas on how I should proceed? The complaint is based on monies due on a consumer account. I can type the whole thing here if you’d like, it’s pretty short. I don’t remember if there were any other attachments to the summons and complaint, I still have to dig out my original file. Thanks for reading.

Pickles

[FL4answer58]

I was served a summons and complaint in June 2009. I did not answer the summons itself, but I did initiate contact with the law office and the OC. Got them to agree to monthly payments, but I refused to sign any stipulation of judgment.

A couple of questions, need more info.

If you did not sign - what type of agreement or settlement do you have to show proof for the court?

I never officially answered the summons. Although technically it may be too late, I plan on doing so now anyway.Disregarded my election of arbitration all together.

Research your court public records and review what they have filed. Review the files submited from the early summons to see what they filed last (at that time). May have been dismissed with stip or settlement - get a copy of that order.

They most likely are filing for default judgment. Your Arb may still be in standing. Dig out your copy of the claim and attachments before anything else. Get copies of all recent filings from plaintiff at your local courthouse to evaluate next step.

Edited October 7, 2010 by FL4answer58