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Suttle and Hammer served me a summons


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In my opinion, the Complaint isn't vague at all. It's pretty straightforward. They've accused you of having the account, using it, agreeing to pay because you charged stuff, and defaulting.

Have you checked into the agreement that was in effect when the account went into default to see if it includes arbitration...specifically with JAMS?

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In my opinion, the Complaint isn't vague at all. It's pretty straightforward. They've accused you of having the account, using it, agreeing to pay because you charged stuff, and defaulting.

Have you checked into the agreement that was in effect when the account went into default to see if it includes arbitration...specifically with JAMS?

I tried calling Cap1 and getting the CC agreement. They told me I have to sumbit a written request and it will take up to 14 days to process. I couldnt get them to budge on it. I had multiple conversations with different people.

My account was opened Nov 2009. To my knowladge this contract still had arb via JAMS correct? Where can I find a copy of this contract?

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I tried calling Cap1 and getting the CC agreement. They told me I have to sumbit a written request and it will take up to 14 days to process. I couldnt get them to budge on it. I had multiple conversations with different people.

My account was opened Nov 2009. To my knowladge this contract still had arb via JAMS correct? Where can I find a copy of this contract?

Not the copy that was in effect when the account was opened. You need the copy that was in effect when the account went into default. Cardmember agreements are amended from time to time. The agreement that was in effect when the account was opened may not be the same as when you defaulted. They might be...but not necessarily.

Do a google search. You may be able to to find a copy that way. Also, Linda7 and Bad98roadster are the arbitration gurus.

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(For WA)

Rule 12

Rules and Objections

(e) Motion for More Definite Statement. If a pleading to which a responsive pleading is permitted is so vague or ambiguous that a party cannot reasonably be required to frame a responsive pleading, or if more particularity in that pleading will further the efficient economical disposition of the action, he may move for a more definite statement before interposing his responsive pleading. The motion shall point out the defects complained of and the details desired. If the motion is granted and the order of the court is not obeyed within 10 days after the notice of the order or within such other time as the court may fix, the court may strike the pleading to which the motion was directed or make such order as it deems just.

Would this apply to their very vague complaint?

Do I motion this before i send a response?

I called the clerks office today and S&H have yet to file.

I read this the other day as well, and I'm puzzling over how one goes about filing a motion for a more definite statement if there is no case number to reference since it's not yet filed with the courts?

I'm wondering if it would be better to just file a notice of appearance, then once they file with the courts, then file a motion for a more definite statement, then an answer. Am I way off base here?

Also, if I've been reading the rules correctly (hard to say), I believe you do have to include certain affirmative defenses in your answer or you waive them. For instance, I think lack of standing and lack of jurisdiction are two that are waived if not used in answer. I don't know, the Washington rules are hard to follow as they seem to be spread out all over the place.

Pickles

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Also, if I've been reading the rules correctly (hard to say), I believe you do have to include certain affirmative defenses in your answer or you waive them. For instance, I think lack of standing and lack of jurisdiction are two that are waived if not used in answer. I don't know, the Washington rules are hard to follow as they seem to be spread out all over the place.

Pickles

Can anyone shed light on this? I am submitting my answer to the summons on friday and I want to make sure I get it right and 100% effective.

Also since I defaulted in 2010 I beleive CAP1 took Arb out of its agreement. Any incite if I am correct would be greatly appreciated.

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Forget those defenses. The agreement that applies is the one in force when you opened the account, not when you defaulted.

Great thank you! So I can use arb if need be since the account was opened in nov 2009.

should I just forget about putting aff defenses? It seems that is the case.

I will be submitting my reply tomorrow. Ill keep updating as I go along.

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As I told you, WA is a community property state. That means they can legally hold both spouses liable for debts. There are a few requirements, but you should study up on this to see if this qualifies. Generally if the debt was incurred during the marriage and was for everyday stuff you both benefited from, you're both on the hook.

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