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I've been served a summons from Patenaude & Felix a junk debt buyer but it has no case number and it hasn't been filed with the court yet because I have been checking. I thought I could do this myself but I'm lost and overwhelmed and just feel sick and want to give up. I want to file an answer and a notice of appearance but I'm scared I'm going to miss my chance to add my defense or do something wrong. Can someone help me please? I need to have these done by Monday. I'm not a lawyer I can't afford a lawyer and I'm struggling. I've looked for court forms and can't find any I can type my info into and print. I live in washington state.

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@Kendyll28

 

@willingtocope

 

Here's the Superior Court rule for the commencement of an action.  If you're not in Superior Court, you need to contact your clerk of court to see if this rule applies to your case.

 

RULE 3                                                
                   COMMENCEMENT OF ACTION                                        
                                                                                 
    (a) Methods. Except as provided in rule 4.1, a civil action is               
commenced by service
of a copy of a summons together with a copy of a            
complaint, as provided in rule 4 or by filing a complaint. Upon written          
demand by any other party, the plaintiff instituting the action shall pay        
the filing fee and file the summons and complaint within 14 days after           
service of the demand or the service shall be void.

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 I'm in Washington, know what you are going through.  Which court is the summons for?  Since the summons is not yet filed with the court, you'll only need to send your answer to the law firm. They'll likely fold if they see you're willing to fight. I've also sent you a PM.

 

Pickles

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@BV80

Just so I understand you clearly I was served the summons on a Sunday. That Monday counts as day 1 correct? Then 14 days including weekends they have to file? What if the 14 day is a weekend? Do they have until the next Monday?

@Pickles it is snohomish superior court.

I appreciate your knowledge and answers so much.

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@Kendyll28

 

Pickles is from WA, so I'm sure she'll have the correct answer for you about the time limits.  Keep us posted.  :-)

My understanding is that they only have to file it with the courts within 14 days IF you demand that they file. Otherwise, they don't have to unless they want to proceed.  I would have to go back and look at the court rules again to see if it's calendar days or court days.  Either way, unless you have a slam dunk defense, I don't imagine you would want to make that demand.  Last time I received a summons, I sent in my response to the law firm, and they still haven't filed.  That was TWO years ago.  Haven't heard from them since.  I check the court dockets online daily.

 

Pickles

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I have a question concerning adding a defense into the answer. Do I have/should do this? If it hasn't been filed with the court yet and I'm only sending it to the lawyers do I need to put a defense? This is for a private student loan that I thought was included in a Bankruptcy 5 years ago but I guess was not. If I don't put a defense am I screwing myself? Any recommendations? Thank you.

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I have a question concerning adding a defense into the answer. Do I have/should do this? If it hasn't been filed with the court yet and I'm only sending it to the lawyers do I need to put a defense? This is for a private student loan that I thought was included in a Bankruptcy 5 years ago but I guess was not. If I don't put a defense am I screwing myself? Any recommendations? Thank you.

 

 I would contact the attorney who handled your BK. Find out for sure if it was included and if not what can be done about it.  

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As @ArtVandelay says...contact the lawyer that handled you BK...or check with the court where you filed.  Its my understanding that ALL debts are included in BK, whether you specifically list them or not.  (The only exceptions are taxes and federal student loans). You may have to amend your BK papers, but I'm pretty sure this debt is discharged

 

Note that it is not unusual for a JDB to try to collect.  Its not illegal.

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I appreciate all your help so much. I have a call into the BK attorney but considering its a Friday I'm not expecting a call back until next week. I have to get my answer in the mail by Monday/Tuesday and I'm struggling with the affirm deny parts of my answer as well as the defenses part. Any advice on this would be so appreciated. I looked for a general denial in washington and couldn't find one so I'm using a form Pickles so kindly sent me. I don't want to miss my time frame waiting to hear from the BK attorney so I'd like to get this done and ready to send A lot of what I have read says not to put a defense so then I don't have to prove anything but I don't want to miss my chance to use a defense in the future. Thoughts on this?? Again thank you.

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By the way, what day were you served?  You do have 20 days.  Maybe you can just send in a Notice of Appearance. Take time to go read the court rules for your area. I believe there is a form for that on the Court's web site.  I remember one time I simply sent a letter in reponse a dunning letter that was quickly followed by a summons.  They counted my letter as my intent to appear in the matter.  Not sure why, but it worked for me.  Anyway, I believe you should at least include some defenses to preserve them.  Doesn't have to be anything fancy.  Probably will never be seen by the courts anyway if the fact that you're willing to fight makes them drop the matte.r

 

But most importantly, finding out if it was discharged in bankruptcy is important.  Would it show that on your credit report?  Do you still have your bankruptcy papers (you should).  I sure hope this is the case and you can tell these yahoos to take a flying leap.

 

Pickles 

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I appreciate the response The BK secretary called me back and said even tho they were included on BK they are sometimes non dischargable and that may be the case here. Although they are private not federal. I don't know if I should get a little more annoying with the BK attorney and see if they can try to include it again or just deal with it. I still feel I don't owe these people because they are not who i did business with. Should I mention the bankruptcy in my answer or defense? Again I appreciate all

Comments and guidance.

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 I don't know if I should get a little more annoying with the BK attorney and see if they can try to include it again or just deal with it.

 

That is why you paid him. You are not going to know which way to go on this until your attorney tells you for sure in writing that this account is or is not still "alive".

 

You can't trust what the debt collectors say because they are only out for the money. Believe it or not BK debt trading does exist and student loans are the perfect target for them. 

http://bkdeacquisitions.com/About.php

 

While you are waiting to find out you should do whatever you have to delay the court proceedings. You already have some opinions from posters above. Legal aid might also be another option. 

http://ocla.wa.gov/aboutOCLA.htm (You will need to copy and paste this address)

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@BV80

In regards to the rules for superior court you listed in terms of the servicing date. Where did you find that? I have been looking for that because today is the 16th day since I have been served and they still have not filed. My concern is this, should I go ahead and still send my answer CMRRR anyway, should I ignore it since their summons and complaint are void? I don't want to poke the sleeping near but I also don't want them walking into court and getting a judgement against me because they didn't follow the rules. Again I thank you so much for your help.

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I do want to add that I'm being sued by a trust company that is a debt buyer for private student loans and they are NOT who I signed the loan with. Which defense would I use?

 

I appreciate the response The BK secretary called me back and said even tho they were included on BK they are sometimes non dischargable and that may be the case here. Although they are private not federal. I don't know if I should get a little more annoying with the BK attorney and see if they can try to include it again or just deal with it.

 

You REALLY need to let this go that the loan was sold. Loans get sold ALL the time even those in good standing. (my last car loan was a year before pay off)  As long as they can prove assignment to the satisfaction of the court the argument that this is not who you took a loan out with will not hold up.

 

I appreciate the response The BK secretary called me back and said even tho they were included on BK they are sometimes non dischargable and that may be the case here. Although they are private not federal. I don't know if I should get a little more annoying with the BK attorney and see if they can try to include it again or just deal with it.

 

Some private loans are not able to be discharged either.  Not many but they do exist.  However, that does not mean your BK attorney should not find a definitive answer for you.  

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