Jump to content

Motion for Default and Judgment from Machol & Johannes for Equable Ascent Financial


Recommended Posts

Hello everyone and thank you for taking the time to read my post.

 

Last April I was served with papers stating that I was being sued for this debt.  After reading through the forum I sent my answer to the plaintiff's attorney denying the debt, answering their suit line-by-line.  I still have the certified mail receipt showing that my answer was received by them within the 20 day limit.  I didn't send anything to the court- there wasn't a case number assigned to the complaint and as I understand that means that I need only send my answer to the plaintiff according to this link. I never heard back from their attorney until now when I was served with a "Motion For Default and Judgment" by certified mail. 

 

So, did I screw up in my original process of answering the complaint? What should I do now? If anymore information is needed, just let me know.  Thanks everyone.

 

1. Who is the named plaintiff in the suit? Equable Ascent Financial

2. What is the name of the law firm handling the suit? Machol & Johannes LLC

3. How much are you being sued for? $2,500

4. Who is the original creditor? Chase

5. How do you know you are being sued? Certified Mail

6. How were you served? Certified Mail

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? Washington, Snohomish County

10. When is the last time you paid on this account? January 2008

11. What is the SOL on the debt? 6 years

12. What is the status of your case? Suit served? Motions filed? Suit 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

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?  

There's a September 5th date requested for the hearing. They claim the following-

Relief Requested

"The Plaintiff moves the Court for an Order declaring the the Defendant and the marital community comprised thereof be in default herin and an order granting judgment against the Defendant in the amount of ..... which amount is made up of .... and interest of $0 as of Sept. 2009 plus additional interest from September 2009 in the amount of $0 plus court costs of .... and attorney fees are not requested.

 

Statement of Facts

The basis for venue is the fact that the Defendant resides within the jurisdiction of this Court. That service of the Summons and Complaint was accomplished. The Affidavit of Service is on file herein, or attached, or both. Since the date of service Defendant has appeared, Defendant has failed to serve or file any Answer or other pleading in this action, and more than 20 days have elapsed since the date of service, and the default against said Defendant should now be entered pursuant to Rule 4 of the Superior Court Rules. Verification of the amount owed is set forth in the below Declaration.

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

 

-A copy of the process service status report showing when I was originally served last April

-An affidavit of account balance from Chase Bank

Link to comment
Share on other sites

Machol and johannes serves a pocket docket type summons.  Meaning they type up the lawsuit, serve it, then go file it with the court.  In my state (colorado) it is legal.  It confuses some people becasue they think it is a fake suit, or not real because when they go to the court, there is no case.  They usually get it filed a week or 2 after they serve you.  And no you would not be notified, because you needed to answer the suit through the court.

 

I would write an opposition to that brief, attach a copy of your answer, and verification that you sent it to the plaintiff. File it with the court, and send them a copy cmrrr.

Link to comment
Share on other sites

I would read my rules of civil procedure-- question.  does your online docket say when you were served? what date does it say?  I would check my rules and see if they have a time limit to proscute, if so, you may be able to motion to dismiss.  Yes they are scum bags, trying the back door default.  They only have 6 months to file here or it gets dismissed for failure to prosucute.

Link to comment
Share on other sites

It shows the complaint being filed on 5/8. Then, there's and affidavit/dclr/cert of service on 6/10, the same day that they filed a motion for default. There's also a declaration of mailing on the same day. Then the whole process begins again on 8/2 showing a motion for default and a declaration of mailing and finally an affidavit of service by mail on 8/5. I looked to see if there was anything filed against me before that and nothing shows up.

Link to comment
Share on other sites

you need to write an opposition to their motion.  Make the paper look just like theirs (heading, etc) and where they have motion for default judgement, you title it opposition to motion for default judgement.   Give a statement of facts.  Like on 4/x/12 defendant was served with summons for xxxxx.   On 4/xx/// defendant responded to summons, see attached along with verification of mailing. attached.  continue on stating each fact of the case, when they filed, etc.  Then list each line of their accusation, and oppose each line or point in their brief.  Then end it with a conclusion of why the default should not be granted.  Sign it, verify you mailed it to plaintiff, and then file it with the court, and mail it to the plaintiff cmrrr. 

Link to comment
Share on other sites

Shellie,

 

Thanks, you've been a huge help.  I've spent the entire evening reading over rules of civil procedure for Washington State and familiarizing myself with the ins and outs of the pocket service process.  It seems so deliberately complicated and skewed in their favor.  I haven't found anything having to do with failure to prosecute yet but I'll keep looking.

Link to comment
Share on other sites

yes it is.  I don't know if washington is like oregon, I seem to remember their rules were very similar.  If so, Hueypiolet's post would be of great use to you.  Oregon law is messed up in that there is mandatory court arbitration, and the defendant almost always loses.  Then you have to appeal for a trial de novo to get a real trial and an real shot at winning. 

Link to comment
Share on other sites

  • 2 weeks later...
  • 2 weeks later...
Guest
This topic is now closed to further replies.
 Share

×
×
  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.. For more information, please see our Privacy Policy and Terms of Use.