BMF

Thanks in advance for any help.

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Just to start off, I have been reading here for over a week and there is so much wonderful information, words can not describe how much this site has turned my outlook around.

So here we go....

1. Who is the named plaintiff in the suit?

CACH, LLC

2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.)

XXXXXX

3. How much are you being sued for?

$4500.00

4. Who is the original creditor? (if not the Plaintiff)

HSBC

5. How do you know you are being sued? (You were served, right?)

I found the papers in the driveway when I got home from work

6. How were you served? (Mail, In person, Notice on door)

See answer 5

7. Was the service legal as required by your state?

Yes

8. What was your correspondence (if any) with the people suing you before you think you were being sued?

None

9. What state and county do you live in?

Washinton State

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations)

Probably around 1.5 years ago

11. What is the SOL on the debt?

Not sure but I doubt I have hit them yet. I think WA is 3 years

12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or B) looking it up online (many states have this information posted - when you find the online court site, search by case number or your name).

So I looked online and it was filed on 7/3/2012. Under my name it has the date filed, but under the status part, it is just blank, i.e. no status. I found the summons in my driveway on 8/26/2012. I know WA is 20 days, but I am not sure if it is from the date that I found the summons or the day they filed. I still have time to file my answer and defenses if it is from the date I was "served".

13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?)

No

14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late.

No, no idea the suit was being filed. I was never contacted by this CA.

15. How long do you have to respond to the suit? (This should be in your paperwork). 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?

Till 9/14... maybe... this is where I am not sure if I have been served "technically". Or if I even have to be served in person.

16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits.

An affidavit from HSBC signed by Michael Poczynek and a CC statement from 5/2011.

One thing I did find in my online research is another affidavit signed by the same person for a "Bulk Sale of Accounts" the signature on that affidavit and the signature on my affidavit do not match. They are close, but it doesnt take an expert to know they are not the same. But both are notarized and they are about 9 months apart. I really dont know if this is any help to my case, but I did find it interesting.

I also have another letter from another CA claiming I owe them this money too. Dated in Jan of this year. It has the OC as Metris and the creditor as CACH LLC. and some acct number I have never seen. Its not even a CC #. I never contacted this CA either.

Thank you all so very much in advance....

Edited by BMF
remove info

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Washington State Rules of Civil Procedure if you don't already have them.

Since there are no questions asked by you in your post, that's about all I can tell you.

I probably wouldn't be much help anyway since I'm not at all familiar with WA procedure.

Welcome to the forum !

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Thank you so much for the link!

I guess the question I should ask is do I file the request for production of documents with the court at the same time I file my answer and defense? Should I send them to the CA by registered mail or should I just deliver them in person? Its about 1 hour drive to deliver them in person.

I went to the clerks office today to see the process server documents and she couldn't find them, but she said they had them so I have to go back tomorrow. I am wondering what I should look for on those documents if anything. I am sure they lied and said they delivered them and that I just refused to sign them. Which I could prove because I was at work at the time of delivery. I also asked the clerk how long they have to serve me after they have filed the case with the court and she didnt know the answer to that. Kind of a wasted trip.

I still have till next Friday to sumit everything, just getting my ducks in a row till then. I will read up on the civil procedure before I write up my defenses and production of documents. I dont want to screw them up.

I have looked at some templetes on here, but cant seem to find any about WA state and dont want to submit something that is wrong or in the wrong wording.

Wondering also if anyone here has had any dealings with CACH LLC in WA state.

Thanks again....

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They are close, but it doesnt take an expert to know they are not the same.

Maybe not "to know" they are not the same, but if you plan to make an issue of it you will need that expert.

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Yeah I dont think I am going to make much of a big deal about it. They are probably all signed by the secretary anyway. Its not like I want this thing to go to trial anyway. Probably the only way I would ever get to use it in court.

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Well you can attack the affidavit and the affiant via discovery. In fact you should. All I was saying is that you drawing a self serving conclusion amounts to nothing. In other words you're right but if that is all you're going to stand on you need that expert.

I'm not saying don't attack the allegation or the affidavit. Going on the attack against the affiant/affidavit is probably one of the top three ways consumers win or get the cases dropped.

Read Brent v Midland to see how Brent caused Midland to pay five million dollars for using bogus affidavits.

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Wow that is amazing .

I looked that up and read it through. My affidavit says "The facts stated herein are based upon my personal knowledge from my review of account records and are true and correct" kind of what they were talking about in Brent v Midland.

So obviously I am new here and have no idea on how to attack the Affidavit in the discovery. I am assuming I file a discovery with my answer and defense instead of a productoin of documents. Or both at the same time.

Still learning all the lingo.

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I am assuming I file a discovery with my answer and defense instead of a productoin of documents. Or both at the same time

You'll have to read the rules that Savior linked for you. Probably don't file discovery with the court (admissions sometimes you do) but the rules will tell you. Just look in the discovery section and it will probably say something to the effect of, unless so ordered by the court you don't file them with the court (short version).

You don't want to screw up on procedure, and trust me if the other side can find any reason to get you on technalities they will do it. They will drag it out and try to get you past certain cutoff dates where you waive certain rights or actions you can take. In other words a big game.

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KentWA will advise you as to procedure, he knows WA law better than anybody. That aside, the best way to attack the affidavit is by the content. The rules of evidence will tell you about signatures, etc. Often a paralegal has the authority to scribble an attorney's name on papers submitted to the court, the same may apply here. I would bet these affidavits are pre-signed as a template and filled in later. Is it legal? The court must decide. However, the affiant is thereafter a "robo signor" and the affidavit should be disregarded. This is where direct testimony of the affiant and a good old fashioned butt kicking cross examination comes into play. I believe USAGI555 posted some questions for an affiant, take it from there. How does somebody who knocks out 3,000 of these per month have personal knowledge of your account? They don't. A few good questions should make it "crystal clear" that they do not, and you don't need Tom Cruise to ask them.

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Okay so I went to the clerks office and got a copy of the process server file. It basically said he left them on the door step and didnt lie about me refusing to sign them so I am not even going to try and battle that.

I am going to file my answer and defenses on Monday. I have looked at many defense response templetes on here and am still a little confused as what to put in there. Any help would be greatful especially if anyone has had some experience in Washington state.

One thing that I thought of to give myself a little more encouragement is the fact that they have many case to work on in a day and I only have one, so I have no excuse not to do my best.

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One thing that I thought of to give myself a little more encouragement is the fact that they have many case to work on in a day and I only have one, so I have no excuse not to do my best.

Right!! and more people need to understand this. You have the advantage of treating this like life and death. You can focus on this one single case. You can turn this into a three ring circus, hammer the crap out of them with discovery that would kill a few trees and just launch attack after attack at them.

You start demanding documents, witness lists, hitting them with interrogatories or even demands for depositions and they all the sudden have to start diverting resources from the suckers that won't fight back and their guaranteed money.

When I worked insurance claims, I was told to pay off claims, a ton of them fraud, all the time when it started costing our company money. You get that one nightmare party that just won't go away and next thing you know you've got 1/2 your office working this one dang claim. All the sudden cutting that 2K check and getting a release looks better and better.

They start filing dept of ins complaints and complaining to anybody that will listen to them and they go from somebody you send a two sentence denial letter, to somebody that now has home office wanting to know what the hell is going on and why is some guy wanting us to pay for hail damage that is not hail damage now costing us more than if we would have just paid him to go away.

I fought a parking ticket for six months, just to do it because I knew I could. Finally they threw up the white flag, but I'm sure somebody got a good chewing out on why a parking ticket case actually had an open file on it with discovery sitting in the file over a dang $10.00 parking ticket.

I could have cared less about the money. I just wanted to see if I could pull it off. So when it became clear that money was no object to me (because I was dumb enough to waste this much time and waste more money than the ticket) there was nothing they could do, but throw up the white flag.

Put that bulls eye right on that one account they have of yours and then just make that your personal war. Soon they will have to make a strategic decision if they want to divert time and resources to chasing bad money with good. Give them a reason to throw up the white flag.

Remember, this is business to them, but personal to you. It's impossible for them to be as emotionally wrapped up in this as much as you can/will. Just keep that emotion in check and don't start acting like I do (because I'm reckless and just don't have enough sense) and you got em.

Just like the judge told the prosecutor, in the movie "Fracture," when Anthony Hopkins wanted to represent himself on the attempted murder charge, and the prosecutor told the judge he objected because it would just be a circus. The judge said, "sorry, he's a tax paying citizen and he has ever right to try and manipulate the system just like anybody else."

Edited by Coltfan1972

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BMF

To answer your question about the affidavit where the signatures didn't match. I used it in my opposition to the plaintiff's motion for summary judgement. I had several other things that were wrong with their evidence and this was just a little something extra that I threw in my opposition in hopes that the judge would take notice of the whole mess of what they were basing their case on. I wouldn't use it as my only reason because of needing experts to prove it.

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Seadragon, thanks for the links.

Coltfan, thank you for story and added inspiration. I too can get carried away and would not care how much something might cost me, just to prove a point.

Tangle, thanks for the response as I am still figuring it all out. I think I am just going file my answer and defenses on monday. I hope this is correct. I know I keep asking some of the same questions, I just want to make totally sure I am doing this correct. The other affidavit will just be part of the opposition to MSJ.

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Today is 30 days after I filed my answers with the court. I have checked my status online with the court and nothing has changed. My status is just blank online. I have not heard or had any communication with the lawyer that has filed the suit.

My question is what do I do now? Do I just wait and see or do I file a motion to dismiss? Is this the time to do it? If not then when?

Still so new here and have done some searching but still confused. It someone has some links saved that would be great. Thank you.

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