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PenningL66

CACH, LLC Now what - Motion and Declaration for Judgement and Judgement

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So last week I received an email from my HRS department asking if I was aware of a "new" wage garnishment?   I said no.    I went over to the court and found Motion for Declaration of Judgement and Judgement in my file and entered into it April 2013.   I had no clue nor had I been given notice of any such hearing.        They were given the judgement because they said I had not responded in a timely matter.      

 

Flashback to January 2013.      I was served a summons which I answered in the time allowed and sent certified papers to the lawyers.

 

1. Who is the named plaintiff in the suit? Me

2. What is the name of the law firm handling the suit? Kirkland Law Group

3. How much are you being sued for? $5300

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

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

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

7. Was the service legal as required by your state? Yes. Process Service Requirements by State - Summons Complaint

8. What was your correspondence (if any) with the people suing you before you think you were being sued? June 2012 I received the first letter from the law firm. Validation notice. Before I knew about this forum and legal procedures I wrote a letter back to them dated June 14th disputing the amount owed, because I had made another payment on June 2nd. I spoke to one of the people at the law firm to try to come to a resolution, but they wanted $700 a month or $3500. I sent a registered letter asking for an updated figure.

 

I then read this forum. I sent a registered letter again asking for an updated figure.

On December 14th I received a 10 day notice to sue letter.

I sent a letter back again asking for an updated figure.

 

 

9. What state and county do you live in? Whatcom County Washington State

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) June 2012

11. What is the SOL on the debt? To find out: No
Statute of Limitations on Debts

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). Served, answered, now found out there was a default judgment issued.

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. Yes

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

 

1) Plaintiff is a Colorado corporation in good standing, has all necessary licenses and has paid all Applicable Fees.

2) Defendants XXXXXXXXXXXXX comprise a martial community under the laws of the State Of Washington and reside in King County. Each of the acts or occurrences benefitted them individually and benefitted their marital community property.

3) Defendents XXXXXXXXXXXXX owe Plantiff the principal sum of $5300.00 plus interest at the rate of 12% per annum, plus cost of suit, pursuant to the terms set forth in the affidavit of sale and the statement of account.

 

******First note - we don't or never did live or reside in KIng County.

 

 

Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits

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

2 Statements from OC - last one 01/25/2012 and 04/24/2012.

Affadavit from Citibank Employee?

 


17. Read this article:

Sued by a Debt Collector - Learn How to Fight Debt Lawsuits

 

 

 

 

I went to the court library and asked for advice and they thought I had a good case to vacate the judgement because I had replied to the summons and I had not received any notice of the hearing.  

 

 

The reasons the plantiff's state (according to the document) they should have the judgement are:

1)  The case was filed on 1/30/2013

2) The defendants were served on  02/16/2013.  The declaration service herein .

3) More than 20 days have elapsed since the defendants were served and the Defendants have not appeared or have not served or filed pleading.

4) That all documents establishing the plantiff's judgement are on file herein.

5) That the Defendants are not members of the U.S. armed forces, are not infants, or incompetant.

 

Signed by the judge on 04/04/13

 

 

 

 

The dates and reasons on the first 3 are all wrong.

 

1)  Case was filed on 01/22/13

2)  Served papers on 01/26/2013 (I had wrote the date down in my file, but they included the service papers in the judgement which correlate my date).

3)   I sent certified letter on 02/13/2013 which they received on February 14th.

 

 

I received no notice of a hearing in court for thi via mail s and I have been in the habit since this all started checking the court dates online.

 

 

Now what do I do??????   UGH!!!!

 

 

 

 

 

 

 

 

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@PenningL66

 

Did you follow your rules of civil procedure for answering the complaint?  For instance, do you rules require that your answer be filed with the court?  If so, did you do so?

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3)   I sent certified letter on 02/13/2013 which they received on February 14th.

 

 

Small world.  I live in Bellingham.

 

 

In the letter you mailed did you properly answer by admitting or denying all the statements made in the complaint?

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Yes, I filed with the court, sent the letter and yes, I answered the summons very simply - but did answer.

 

Summons:

1) Plaintiff is a Colorado corporation in good standing, has all necessary licenses and has paid all Applicable Fees.

2) Defendants XXXXXXXXXXXXX comprise a martial community under the laws of the State Of Washington and reside in King County. Each of the acts or occurrences benefitted them individually and benefitted their marital community property.

3) Defendents XXXXXXXXXXXXX owe Plantiff the principal sum of $5300.00 plus interest at the rate of 12% per annum, plus cost of suit, pursuant to the terms set forth in the affidavit of sale and the statement of account.

 

 

 

Defendant, appearing pro se, for its reply to the Complaint of CACH, LLC  states as follows:

All Answers correspond to the numbered paragraphs of the Complaint. All allegations of the Complaint are denied unless expressly admitted herein.

ANSWERS

1. In response to paragraph #1, the Defendant has no knowledge of the Plaintiff’s business OR standing.

2. In response to paragraph #2, the Defendant denies.
3. In response to paragraph #3, the Defendant denies.

 

Once again - I have never lived in King County!

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A couple of questions:

 

1) Since the judgement was entered on April 2013 AND I just found out about it last week when they called my HRS department - is it too late??

 

2)  Shouldn't I have received something in the mail in the last year informing me any of this happened?      

 

I am honestly overwhelmed with all of this, how it happened and what to do!!!!

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Update.   I went to one of our free lawstreet sessions and the person I spoke to looked at my file and said there is no reason I should have a judgement against me.   He gave me the names of some lawyers.      I went to a free consultation and the lawyer was baffled how this default judgement had happened.   She said she had another person with the same situation earlier in the week.   

 

She wanted some money up front.  Thought I had a good case to get it dismissed.  I told her I would get the money and come back.

 

About a month later, she called and wanted to talk.  She think the lawyer was in violation of Rule 11.She offered to take the case and try to help.

 

 Today she said

I received a motion to set aside the default judgment and dismiss the case from the attorney representing CACH.  I have been unable to reach him to inquire whether he plans to refile the matter with correct notice to you.

 

I plan to file the motion for Rule 11 sanctions against the original attorney who filed the case (a different attorney than the current attorney of record who is dismissing the case) to try to recover sanctions and/or attorney fees, at the end of the week.

 

-----

 

I think this is very good news!!!!!!!

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@PenningL66

 

Congratulations!

 

Make sure the attorney looks into FDCPA violations, possibly 1692f (unfair or unconscionable means to collect a debt).

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Yay you. They are dismissing and hoping you don't file fdcpa violations against them. Talk to your attorney about doing so, they would have to pay your attorney fees long with at least 1 k to you.

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You also have the right to sue a collector in a state or federal court within one year from the date the law was violated (some state laws allow more time). Many states have their own debt collection laws that are different from the federal Fair Debt Collection Practices Act.


 


The FDCPA 15 U.S.C. § 1692k(a)(2) explicitly gives you the right to sue a debt collector, or to be precise, to sue a debt collection agency that violates provisions of the FDCPA. For each and every violation of FDCPA.


 


Using an attorney is hassle free for you, but you can also sue in Small Claims court with a simple, usually one-page form and a small free.  Remember, as a plaintiff you have the prima facie presumption in your favor right out of the gate.  Have at least one cause of action, and 2 or 3 would be even stronger.


 


No frivolous actions please!

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There is now a hearing for sanction fees coming up. I am so thankful for this lawyer that decided to help. How do the sanction fees breakdown? Lawyer fees for pro bono work, possibly paying off some of the negotiated debt to make them go away. and do I end up getting some of this? Just curious. Not expecting anything - just possibly hoping! :)

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For any fdcpa violations that may have oc courted, you are entitled to 1 k. They should have to pay attorney fees also. They may ask for a mutual dismissal meaning they won't sue if you agree you won't sue. Your attorney may advise you on the best coarse of action. Good luck!

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So...update.    The original trial was in October.  Attorney was ill and out of state?    I guess today was the followup trial. He did not show up.     Judge awarded all attorney fees and $200 for my time and stuff?    How do I get the 1K if I am eligible?    I am happy to have this off of me, but boy the stress this has taken has been too much.

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How do I get the 1K if I am eligible? 

 

You sue them for the FDCPA violation.  It is not an automatic award of the money.  You can be awarded UP TO $1000 for the violation.  It could be less.

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