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ByGeorge2004

Need advice in Washington state!

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Good evening!

I am glad I came across this forum, I have been doing extensive research over the last few weeks in defending my self vs a debt collector in a civil suit in the state of Washington.

I was served back in late February for a debt with a bank the plaintiff states I incurred. The complaint did not have a case number associated with it, but it stated I had 20 days to respond and that I had to demand the plaintiff bring forth a law suit.

I answered that simply by writing a paragraph that stated I wanted the plaintiff to bring suit with the Superior court. By mid March they had filed, then filed a motion of default with a hearing set for mid April. I then submitted my answer to the court 3 days prior to the hearing, and mailed a copy to the plaintiff. I attended the hearing anyway to make sure there was no funny business. The Plaintiffs lawyer stated he had not yet received the answer, and that was why he didnt cancel the motion.

The motion was then cancelled and thats where we stand right now.

My next concern is,

My answer was as follows:

COMES NOW the Defendant (Names removed) in answering the allegations of the Complaint on file herein, affirms, denies and alleges as follows:

Answering count 1: The defendant does not have enough information to admit or deny.

Answering count 2: I ADMIT - The defendant named above resides or does business with in the jurisdiction of this court.

Answering count 3: I DENY - That the Defendant is indebted to the Plaintiff under the terms of a written agreement and DENY that the Defendant is in default of said terms.

Answering count 4: I DENY - The terms of the written agreement allow for liability for court costs and attorney fees.

Answering count 5: I DENY – That although the demand for payment has been made, payment has not been forth coming, and there is now due and owing under the Defendant's agreement the sum of $XXX.XX as of April X, 2010.

The Defendant now brings forth the following Affirmative Defenses:

DEFENSE 1 – LACK OF STANDING

Defendant answering the Complaint herein, alleges that the Plaintiff has not provided any documentation or proof of the debt.

DEFENSE 2 – NOT A COMMUNITY DEBT

Based on the information provided in Complaint page 1 paragraph 5 the debt is dated April 6, 2010. Defendant (Name removed ) was not married until XXXXXXX XX, 2012. This is not a community debt.

WHEREFORE, Defendant prays for dismissal of this case (XXXXXXXXXX) in the Superior Court for the State of Washington in and for the County of XXXX.

I was traveling for work last week and and to put this together rather quickly. As I have researched further, I think there may be more defenses I should use or at least better put together affirmative defenses. I am asking if anyone who is familiar with Washington's civil procedure would be able to help me out.

My first question is, since this was filed a week ago, can I amend my answer and provide more or differently worded defenses? According to:

https://www.courts.wa.gov/court_rules/fa=court_rules.display&group=sup&set=CR&ruleid=supcr15

"Amendments. A party may amend the party's pleading once

as a matter of course at any time before a responsive pleading is

served or, if the pleading is one to which no responsive pleading

is permitted and the action has not been placed upon the trial

calendar, the party may so amend it at any time within 20 days

after it is served."

Does this give me the opportunity to file an amendment with the court? If so, in your opinion, which defenses should be added?

Second question, as this point since I have answered the complaint, if I cannot amend this response, is it ok for me to initiate discovery and file a Request for Production?

Finally, the debt collector who is suing me is currently being sued by the Colorado Attorney General for the creation of fraudulent documents in relation to debt law suits. IS there any way to bring this to the attention of the court to at least make the judge aware of their business practices? or because this is in another state, this would not be anything the court wants to hear about as it does not pertain to Washington?

I know this is a lot. Thank you in advance for any help you guys and girls can provide me! Based on my research of this company suing me, they likely do not have the legitimate evidence necessary to get a judgement against me. I have also searched my credit reports and this company suing me does not show up any where, nor does the original creditor.

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I would not reference "the terms of the written agreement." I would state that I had no written agreement with the JDB, therefore, deny. (it's always good to have your answers be internally consistent. saying you have no agreement in one answer, and then referencing "the written agreement" in the next isn't such a good idea.)

 

Who is the OC? 

 

Does WA have a borrowing statute?

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I used an excellent attorney in WA state, who found violations, so in the end the jdb paid my attorney's fees and the debt was extinguished. PM me if you want the name

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I used an excellent attorney in WA state, who found violations, so in the end the jdb paid my attorney's fees and the debt was extinguished. PM me if you want the name

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From what I have seen, the courts here in WA are very pro se litigant friendly, and they have even told me some things I was quite surprised by. I don't see why you couldn't file an amended answer, as long as you do it quick. I would go to the court with an amended answer ready to go, and ask the clerk about your option. Even if they don't let you, you at least were able to raise your defense of lack of standing.

Due to their case of being sued in, I don't think it will help you much considering a verdict has not been reached by the court yet. I could be wrong on that though.

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US  Bank is domiciled in SD, which has a long SOL--a borrowing statute won't help for SOL. And they are VERY creditor friendly, otherwise. So I would avoid arguing choice of law, in that case. The interest SD allows is astronomical.

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Kranky,

 

I sent you a PM.  I don't know what the administrator's policy is regarding posting attorney's names.  I'd be happy to post his name for anyone to read, but I'll respect the administrator's policy if they don't want a name posted.

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