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Mandarich Law Group suing in WA State


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I was served with papers from Mandarich Law Group, but this one looks a bit weird to me, so hoping for some good opinions.  I am going to answer the questions below, then show what they have said.

 

1.    Who is the named plaintiff in the suit?

CACH LLC

 

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

Mandarich Law Group, LLC 

 

3. How much are you being sued for?

Just over 1.2k


4. Who is the original creditor?

GE Money


5. How do you know you are being sued?

Served last week


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

Served in the evening at my home


7. Was the service legal as required by your state?

I assume so


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?

WA state


10. When is the last time you paid on this account?

I can't answer this as I don't think this is even mine.


11. What is the SOL on the debt?

 

12. What is the status of your case? Suit served? Motions filed?

They say they filed in the county, but there is no case # and nothing in the court records.


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?

No


15. How long do you have to respond to the suit?

20 days, served 6/2

 

The Causes of Action are:

They are saying failure to pay.

 

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

They served a summons and a complaint. No affidavit, no statements, nothing else.

 

 

 

Okay so they sent me a summons, saying it has been filed in my county, but no case #. it's the typical, you may demand the plaintiff must file with the court, etc.  It is against myself and DOE.

 

The only other thing I received was a complaint....and here is what they said.

 

1. Plaintiff is a Colorado corporation in good standing, has all necessary licenses and has paid all applicable fees. (Not sure what this is about, as I live in Washington, not Colorado)

 

2. Defendants X comprise of a martial community under the laws of the State of WA. Each of the acts or occurrences set forth herein benefited them individually and benefited their marital community. (Yes, they mis-spelled martial instead of marital, and they also spelled it "benefitted")  (Also to note....I'm not married and never have been! So I have no idea where they got the information but they are suing a DOE claiming as my spouse...)

 

3. Plaintiff is assignee of GE MONEY BANK and the successor-in-interest to credit account.

 

4. Plaintiff's assignor, GE MONEY BANK extends X credit in exchange for X promise to pay for balance of credit account.

 

5. X failed to pay GE Money Bank the balance of the credit.

 

6. X owe plaintiff the principal sum.

 

WHEREFORE, plaintiff prays for judgement, etc.

 

 

 

SO...I'm not married. They state they are legal in Colorado, I do not LIVE in Colorado.

 

 

Where should I go from here? I want to answer the summons but without it being filed, I don't know how I file the answer in the court.

 

 

 

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You said you don't "think this is even mine."  If you are CERTAIN you do not owe GE MoneyBank any money, you need to contact a consumer lawyer.  You may have a FDCPA violation as well as a violation of Washington's consumer protection act.  If you have a valid claim, a lawyer will take your case on contingency, meaning they will defend you and sue Mandarich.  It will cost you nothing and you may get statutory damages.  You can call this law firm, or go to www.naca.net and call find consumer lawyers there.

 

http://washingtonlaw.net/tacoma,-wa-consumer-protection-lawyer_pa6175.htm

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In Wash, they can serve you without first filing papers with the court.  You still have answer, by first sending an answer to Mandarich.  This guide from Northwest Justice explains more.

 

http://www.washingtonlawhelp.org/resource/how-to-answer-a-lawsuit-for-debt-collection

 

However, as I stated in my earlier post, if you really do not owe the money, see a lawyer first before you file your answer.

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Ok I confirmed with the court that it has not been filed, so I will send the answer to the lawyer.

 

I talked to the firm as well and they were not very helpful. I told them I wanted to see proof and they said they would send them to me. Then they got into an argument with me over who my husband was, I kept saying I was not married but they disagree so that will be interesting!

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So what do I say in regards to the "martial community" statement? I would say I should deny it as I have never been married, but they also spelled it martial so do I need to point out that I do not live in a martial or marital community and never have? Right now I just have that I deny the allegation. Do I need to go into more detail in the affirmation defenses?

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So what do I say in regards to the "martial community" statement? I would say I should deny it as I have never been married, but they also spelled it martial so do I need to point out that I do not live in a martial or marital community and never have? Right now I just have that I deny the allegation. Do I need to go into more detail in the affirmation defenses?

 

You simply address it as you are not now nor have never been married and keep it at that.  The court is NOT going to get its knickers in a bunch over a typographical error that can be corrected.  I would deny it as it not being my debt having never been married and therefore am not subject to the debt(s) of another person regardless of what community they live in.

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