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Sued by collection agency in WA


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Hello, I am in need of immediate help please, we have to respond to this summons and complaint asap, my husband and I are being sued from a medial bill from 4 years ago, however its not the medical please suing us to appears to be a collection agency, and I don't believe we owe this bill. so I need to submit an answser me question is can I mail my answer certified to the court or do I have to hand deliver it? Also, I am trying to come up with what would be good for an affirmative defense.

 

1. Who is the named plaintiff in the suit?

 

Olympic Collection Inc

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

Norman L. Martin.

3. How much are you being sued for?

95.73

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

Ankle and foot specialist of puget sound

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

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.

 

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

 

None

 

1. The claim herein has been 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. At all times material defendants were and are married, and the obligation hereafter pleaded is the community and seperate obligations of each (I dont really understand this is it just saying we are married?) the debt is for myself but the summons has mine and my husbands name on it.

 

4. Defendants became indebted to Ankle and foot specialist of puget sound for certain goods or services which assignor is duly licensed to render, upon which there remains a balance of $95.73 plus statutory interest at twelve percent per annum from 1/28/14

 

After which there is a prayer for relief.

 

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Seriously, 95 bucks? It's going to cost more than that to file a response. If this is a legit debt, I would call them and talk settlement. Maybe start at 50 bucks but even if you paid the full 95, it may be cheaper than going through court.

If you fight it, you can file a general denial. I am sure they are just looking for a default judgement on this. I believe the JDB doesn't have to pay a filing fee until you file an answer, so they may not even respond. Or they may on principal and go after you for the fees incurred if they win.

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Shellieh98, right my husband said you gotta be kidding 95 bucks.. I called the lady was very rude I said I will pay the $95 she said oh no you have to pay $347 because of our court fee's I said no way, she said you have 20 days to pay or we will just take it from your husbands paycheck and I said well what can I do at this point she said nothing you have 20 days to pay. Then I started googling and finding answers and I was like I can at least write an answer .. 

 

How would I go about filing a general denial as of saturday it will have been 14 days it was delivered so I need to mail today if possible .. 

 

Thank you so much for the advice.. 

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Seriously, 95 bucks? It's going to cost more than that to file a response. If this is a legit debt, I would call them and talk settlement. Maybe start at 50 bucks but even if you paid the full 95, it may be cheaper than going through court.

If you fight it, you can file a general denial. I am sure they are just looking for a default judgement on this. I believe the JDB doesn't have to pay a filing fee until you file an answer, so they may not even respond. Or they may on principal and go after you for the fees incurred if they win.

 

Actually, it doesn't cost the defendant anything to file an answer or responding motions, etc.  It only costs money if you are filing a counter claim. 

 

Neena,

 

Make sure you go to the King Count Court web site and read up on the local rules.  That will help answer a lot of your questions. 

 

Pickles

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You need to hire a consumer attorney ASAP.  The collection agency cannot sue you as they are not the owner of the debt and therefore lack standing. An affirmative defense I would raise is their lack of standing to sue because they are not a party of interest to any claim.

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Thank you all so much for the help.. I really don't want to have to hire an lawyer since I am sure that will cost way more then just paying these people but, I dont want to pay them money they are not due.. I did alot of reading and I gave an answer hopefully I did it right, if not lesson learned I guess.. :) 

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