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Being sued by Fairway Collections


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So my brother is being sued, he doesn't own a computer and has learning disabilities so him and I are going to go at this together.  Bear with me here.

 

1. Who is the named plaintiff in the suit?

 

Fairway collections.

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

Dean Hamilton.

3. How much are you being sued for?

2700.00

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

Rocky Mountain Service Bureau

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

Served

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

In person.

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?

King County, WA

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Never, I believe it to be a hospital bill when he was in wyoming but not sure.

11. What is the SOL on the debt? To find out:

6 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). Suit filed and served.

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

Not.

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?

 

20 days. Here are the allegations.

 

1. Account state below is assigned to Plaintiff for collection.

2.Plaintiff is a WA LLC duly licensed and has satisfied the bonding requirement of the state of WA.
3. Defendant/s are subject to the jurisdiction  of this court and venue is proper.

4. During all Material  times defendants above were married and the obligation hereafter pleaded is community and seperate obligation of each(note, they seved My brother and Jane Doe Husband and Wife my brother is not married, nor has he ever been.)

5. Defendants became indebted to: Rocky Mountain Service Bureau.  Lists an Amount, interest, fees, and a total.

 

After which there is a prayer for relief.

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

 

None.

 

I'm helping him prepare an answer which I will post in a bit. Along with the notice of appearance.

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Comes now Defendant Jaspa2000, pro se, answers the complaint as follows:

I.  Answer

  1. Defendant is without knowledge or information sufficient to form a belief as to the truth of this allegation and on that basis denies this allegation.
  2. Defendant is without knowledge or information sufficient to form a belief as to the truth of this allegation and on that basis denies this allegation.
  3. Defendant is without knowledge or information sufficient to form a belief as to the truth of this allegation and on that basis denies this allegation.
  4. Defendant denies this allegation.
  5. Defendant is without knowledge or information sufficient to form a belief as to the truth of this allegation and on that basis denies this allegation.

 

Here is the answer we came up. WA courts require you answer with affirmative defenses or you can't use them so I need to come up with some AD's too.  The more I look at this complaint, the more I think this attorney is lazy.

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IN THE IN DISTRICT COURT OF KING COUNTY WASHINGTON
 
Rocky Mountain Service Bureau
Plaintiff
Vs.
jaspa
Defendant
Civil Case #
DEFENDANT’S ANSWER TO PLAINTIFF'S COMPLAINT
Now comes the defendant for answer to the complaint and says as follows:
 
1. Account stated below is assigned to Plaintiff for collection.
Response:  Paragraph 1 of the Complaint states a legal conclusion for which no answer is required.  To the extent that an answer is required, Defendant denies the allegations of Paragraph 1 of the Complaint and leaves plaintiff to its proofs.
 
2.Plaintiff is a WA LLC duly licensed and has satisfied the bonding requirement of the state of WA.
Response: Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations in Paragraph 2 of the Complaint, and therefore denies the same and leaves plaintiff to its proofs.
 
 
3. Defendant/s are subject to the jurisdiction of this court and venue is proper.
Response: Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations in Paragraph 3 of the Complaint, and therefore denies the same.
 
4. During all Material times defendants above were married and the obligation hereafter pleaded is community and seperate obligation of each.
Response: Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations in Paragraph 4 of the Complaint, and therefore denies the same.
 
5. Defendants became indebted to: Rocky Mountain Service Bureau.  
Response: Defendant denies being indebted to Rocky Mountain Service Bureau for any amount and leaves Plaintiff to its proofs. 
 
As to all remaining allegations of fact in the numbered or unnumbered parts of the complaint not specifically admitted, Defendant denies all such allegations. 
                   
                          AFFIRMATIVE DEFENSES
 
By and for his Affirmative Defenses, Defendant states:
                     First Affirmative Defense
1. Plaintiffs’ Complaint fails to state a claim upon which relief may be granted against this defendant because the claimant has failed to present sufficient facts that the claimant is entitled to a legal remedy. 
                       
                    Second Affirmative Defense
2.Plaintiff is not the legal holder of the alleged debt and therefore is not the real party in interest; this action should be dismissed for lack of standing.
 
                          Third Affirmative Defense
3.Plaintiff’s complaint is not properly verified and is not grounded in fact because it does not exhibit the alleged contract the debt is based upon, a valid statement of account, nor any valid assignment that gives Plaintiff legal title to the claim.
 
                               Forth Affirmative Defense
 4.Defendant reserves the right to plead additional defenses or cross-claims or counter claims that may be identified during the Defendant's investigation and/or course of discovery.
 
Respectfully Submitted,
 
WHEREFORE, Defendant prays that this Court find judgment for Defendant,deny Plaintiffs’ request for the relief , deny Plaintiffs’ request for interest, deny Plaintiffs’ request for costs, deny Plaintiffs’ request for attorney’s fees and deny Plaintiffs’ request for any relief. Defendant further prays that this Court hold that Defendant is the prevailing party, and dismiss Defendant with prejudice.
 
CERTIFICATE OF SERVICE
 
On December 07, 2013, I caused the foregoing instrument to be served by mailing a copy to all counsel of record in this case as indicated below:
Attorney Dean William Hamilton 1126 S Gold St Ste 101Centralia, WA 98531 By Certified U.S. Mail, Return Receipt Requested By U.S. Mail.

 

My Name here

my address
my phone
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Thanks for the responses.  We're guessing this is a medical bill from a vacation in 2012, but we're not sure as the person suing him did not provide ANY evidence of what this debt was for. So therefore we're not even sure who the OC is, and yes Rocky mountain service bureau appears to be a JDB, but fairway collections is the one suing him.

 

I should have some interogatories and rfpd's soon.  Busy at work, and then 2 weeks off for christmas.  We will be working hard on them then.

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