spacejam

Cach vs Spacejam need help please

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@shellieh98 @racecar

 

I'm hoping one of you can help me.  So i just received my certified letter for my responses to the interrogatories/ admissions/ and requests, as it went unclaimed for 19 days.  I did file this with the court with a certificate of service.  And now today I receive a new debt collection letter from a law firm based out of California, with a California address for cach llc.   But they state that they practice in California and Washington state.

 

This new letter states a new higher amount of debt of 4800.  In  the letter they also reference that this account is in collection and another law firm has begun litigation.  They also claim that the referenced amount is the Charge off balance without any interest.  they also state that the creditor informed them that they intend to file an amendment to the original complaint that they want to reflect the decision not to pursue any interest and no amount in excess of the original debt.

 

They then go into stating that if i do not dispute the validity of the debt the debt will be assumed valid.

 

 

So can they hand this off to another law firm?? can they have more than 1 law firm file a complaint against me??  What do i do now??  Any help is greatly appreciated.

 

Thanks!!

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Okay after a lil research it looks as if the original lawyer's law firm is no longer in business.  Their website is down, and their phone number is disconnected.  I will be driving down to their offices in the next few days to confirm if they are still in business or not.  If they are no longer in business, can i file for a motion to dismiss with prejudice?

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They sold the debt to another junk debt buyer.

 

Send them a debt validation letter.

 

When they file the amended complaint you will file an amended answer then it just starts over.

 

 

 
Debt Validation Request
 
Your Name
Your Address
 
Their Name
Their Address
 
Account number 
 
 
Date
 
 
Dear debt collector name,
 
This letter is in response to your letter dated 12/09/2013.
 
I dispute this alleged account in its entirety 
 .
 
As per the FDCPA 1692g, I am requesting validation of the alleged debt.
All phone calls are inconvenient, so all communications need to be by us mail only.
 
 
 
 
Best Regards,
 
Your name

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I would file the motion to dismiss for failure to litigate, send it to the old addy of the law firm, and if they are closed, they won't oppose it. :)  Make them start from scratch.  It will untoll the SOL, making it that much closer to expiring if and when they ever get around to suing you again.  they may have already dismissed, check with the clerk.  If not you may have a violation for another CA trying to collect while there is a pending case already in litigation. Send the DV as racecar suggested to the new CA

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@shellieh98

 

How do i go about filing the motion to dismiss for failure to litigate?  Is there a specific format to use/ or template?  What should I say and how do i go about wording it?  Any help is greatly appreciated?  Also if it does get dismissed is it possible that they cant sue again?

 

Thanks!!

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So your going to have to find some case law for Washington. I would suggest google scholar. Search out Washington courts first, if you can't find anything, then 9 th circut, wa is part of the 9 th circut. Search the terms "lack of privity". This is when the person suing you doesn't have the right to do so because it was/ is assigned to someone else. Base your motion to dismiss on that, you can include your letter from the other JDB as an exhibit.

Search out other motions to dismiss to get an idea of the format. I can't tell you how to write the motion, you need to research it. You put it on pleading paper, just like the other papers you receive and send that you file with the court. You can make your own, court stuff on top, title motion to dismiss.

1 st paragraph is the introduction....brief history of the case, and number everything that has happened so far. Like 1. Defendant was served on xxxxxx,.

2. Defendant answered suit on xxxxxx. 3. Plaintiff served document requests to the defendant on xxxxxx. Etc, just list all that has happened thus far. Be sure to include when you received the new letter.

Next paragraph is the argument. Briefly tell why the suit should be dismissed. You served discovery, plaintiff refused to pick up their mail as shown in exhibit a. ( include copy of your Cmrrr, and thing you got back as well as the discovery you sent that they didn't pick up. Claim in your argument they are not litigating in good faith, they fail to return your phone calls, pick up their mail, etc. then include they lack privity as evidenced by collection letter from (new CA) for what appears to be the same alleged debt. Include the letter as an exhibit. If you can find any case law that references the same things, include that citation.

Last paragraph is your conclusion, just briefly summarize everything above. Sign it serve it, and file it with proof of service to the court.

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Oh and ask for a dismissal with prejudice. If it is granted, they can try to sue you again, but you would go straight to a motion to dismiss with your answer, and a copy of the dismissal. If it is without prejudice, the new ca could sue you, but you would come back here and start fighting it all over.

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And one more thing. Let some others weigh in before you go to the trouble, someone might have better advice, or may even think I am off base. :). Also, I didn't check your rules of civil procedure, you need to do that under motions, just make sure you can file the motion to dismiss, or if we need to call it something else.

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UPDATE:

 

@racecar

 

I filed my Motion To Dismiss as you suggested, but that post is no longer on this thread for some reason.  I just received a letter from the new law group in pleading paper Notice of Withdrawal and consent to substitution.  Its stating effective november 1 2013, that they are the new lawyers for the case and all pleadings, documents and notifications shall go through them signed and dated by the new attorney.  Dated november 4th.  I submitted my MTD December 10th.  I Received this letter December 13th.  

 

So i'm assuming i have to send everything to this new lawyer, but what does that mean for my MTD? Do I have to mail it to them now?  

 

Thanks

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What is the name of the lawyer and law firm that originally represented the plaintiff in your case?  Kind of strange that they would just "go out of business" in the middle of litigating their client's cases....

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Your MTD will still be ruled on by the judge.

 

Start sending everything to this law firm.

 

Nothing to worry about the case will go on like it was just a different attorney.

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@racecar

 

Aside from sending the Debt Validation, do i need to send all the previous documents to the new lawyer?  or should i assume that everything that has been filed is their responsibilty to obtain?

 

@kraftykrab

 

Name of the lawfirm was kirkland law group a small local lawfirm that focused on Junk debt.  Not sure what happened to them, but i did pay a visit to their office during business hours, and found all doors locked and a peek through the window showed an empty space, everything removed.  Yes it does seem strange that a law firm would go out of business in the middle of a case.

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thats interesting...the BBB shows their website was heinegglaw.com...and a search of the WA bar association shows an Andrew Christopher Heinegg, active, with bar #7107.  Shows him as being active, but not working with any firm.  Address is:

 

18500 Skog Ct NE
Poulsbo, WA  98370

 

 

Strange....there was no listing at all for a Kirkland Law Group within the Bar. 

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A law group would not be listed as a member of the bar.  Only individual attorneys will be listed.

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I would not send the new law firm any thing at this time.

They will come out of the wood work soon enough, I bet yours is not the only case they have.

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Yes, I understand that individual attorneys are listed with the Bar.  But those individual attorneys are also listed with info on whatever firm they are employed with.  And going through the website that way, I did not find one single attorney listed as being employed by this firm.  Hence, I found not one single reference to that law firm on the Bar website.

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@spacejam

 

Okay after a lil research it looks as if the original lawyer's law firm is no longer in business.  Their website is down, and their phone number is disconnected.  I will be driving down to their offices in the next few days to confirm if they are still in business or not.  If they are no longer in business, can i file for a motion to dismiss with prejudice?

 

A couple of reasons a law firm might close down is because a senior partner might pass away or retire.  The other attorneys then go to work for other firms. 

 

An attorney from a new firm can take over a previous firm's representation of a client in a case.   A consent to change attorney (or something similar) is usually filed with the court.

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UPDATE:

 

I just received a call from the court house,  they stated that the Motion to Dismiss cannot be heard ex-party (with no parties present).  So they said they will be setting up a court date at the end of january to hear the Motion.  They said they will be notifying the new lawfirm and will proceed with a date at the end of January.  So it seems i will need to prepare myself for a court hearing.  Extremely nervous and not sure what case laws will help me with this motion. 

 

 

Any help will be greatly appreciated. Thanks!!

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Update:

 

I did receive an official letter, stating my hearing for civil motion is scheduled for January 29th. I'm not sure how to present myself or what I should be saying.  If anyone can give me pointers on wording and how I should approach the motion.  During this hearing to I need to have case laws ready? Do I have to speak on all my points from my MTD?   My MTD followed @racecar post that was lost.  I have copied the body of what was sent.

 

        

 

DEFENDANT’S MOTION TO DISMISS PLAINTIFF’S CASE FOR FAILURE TO PROSECUTE

 

 

Defendant respectfully requests that the Court Dismiss the Plaintiffs case with Prejudice for Failure to Prosecute.

 

 

As Grounds For This Request, Defendant states and shows the Court:

 

  1. Plaintiff filed this case with court against the Defendant on August 23, 2013.
  2. The Plaintiff failed to comply with the Defendant’s discovery requests.
  3. There exists no agreement between the Plaintiff and the Defendant.
  4. The Plaintiff has neither explained the delays nor shown mitigating circumstances.
  5. A person starts the law in motion and does not with reasonable promptness pursue all the steps necessary to bring the litigation to an end, he should suffer the penalty of a default and a dismissal of the action.
  6. Therefore, this action should be dismissed under Rule 41 with prejudice because of the Plaintiff’s failure to diligently prosecute this case.

 

 

 

 

Respectfully Submitted,

 

Wherefore, Defendant prays that this Court find judgment for Defendant, grant Defendants Motion For Failure to Prosecute and deny Plaintiff’s request for any relief.

Defendant further prays that this Court hold that Defendant is the prevailing party, and dismiss Defendant with Prejudice.

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Looking for some help!

 

I have been doing research and not sure on how this hearing will go.  Maybe someone can answer some questions for me.  Will this hearing only be on my Motion to Dismiss?  Will I need to have all my case laws ready to dispute with the Judge?  Is it possible for this request for a MTD hearing to turn into the actual case trial hearing?  If the lawyer does not show up will I still need to have everything to go over with the judge?  Is there anything specific i need to mention or bring up incase they dont show up?

 

Its been hard trying to locate some information specifically on Motion to Dismiss hearings.  Also i'm not sure what caselaws I can use with the statements i have made above asking for this motion. 

 

Any help will be extremely appreciated.   Hearing is in 1 week from today! 

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Has the Plaintiff sent a reply to your motion? If so, study their citations - those are the objections that you will need to overcome.

 

It will not turn into a trial though - if you lose you motion, you have not lost the case... 

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The plaintiff has not responded to my motion as it was not received by them.  I originally mailed out my motion to the old law group, and filed with the court.  Since the filing it seems as if the old lawgroup is no longer in business and at the time I was unaware of any new lawyers or lawgroup associated with the plaintiff. 

I then received the call from the court house stating that they have a new attorney and they asked me if i was aware of this and i told them no.  They said they will forward this to the new lawyers but proceed with setting a court date for the hearing on this motion.

 

I've been trying to prepare myself for this, but its been hard trying to identify what I need to bring or study.  There has not been much info i could find on hearings specifically on MTD.  So just looking for any help that i can get.

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The new lawyers should have filed a Substitution of Counsel with the court and have a copy sent to you... if I were in your place, I'd file a motion for sanctions for not informing of the change in counsel. 

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@1stStep

 

Would I file this motion for sanctions in conjunction with my MTD?  Would I bring this up in this hearing?  Does it still apply, since i'm already going to a pre trial hearing for my MTD?  Not too sure how to go about that.

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