Midland in Washington

[cetman91]

1.named plaintiff is midland funding llc.

2.law firm handling suit is suttel & hammer

3.Sued for $1440.86

4.original creditor is Capital One

5.was served

6. left with daughter who doesn't live in my home

7.Not sure is service was legal

8.Never corresponded with JDB

9.Kitsap county, Washington

10.Last payment 08/2012

11.SOL is 6 yrs.

12.Status is was served 4/24/14 Answer and affirmative defenses mailed 5/5/14 Trial set for 08/18/14

received motion for summary judgment 07/03/14 Motion Docket on 07/21/14 Need to finish objection to summary judgment

13.Haven't disputed debt with bureaus

14. No debt validation

Well here's most of what I have except soldiers and sailors act stuff. Not sure but believe I have until 07/11/14 to reply to MSJ. Have read all post in Washington among many others. Just am really flustered as to what to put in my reply. Any help would be greatly appreciated

 

[shellieh98]

You just need one material disputed fact.  here is an opposition from another poster in this thread that can give you an idea on where to go.  Any case law references in this opposition should be replaced with some from your state.  You can find case law on google scholar just type in your states court, then search the key words for the paragraph you are looking for and see what it brings. up.  http://www.creditinfocenter.com/community/topic/324127-filing-response-to-msj-in-ga/

[Pickles]

Several of us have been unsuccessful as of late in the Washington courts.  However, I believe it is because we all failed to submit an affidavit with our opposition.  Please research what affidavit you need and make sure you include it.  I don't have a sample one because I did not submit one and could never quite wrap my brain around what it would need to say.

 

Pickles

[debtzapper]

Do a google search for "Creditinfocenter summary judgment Washington," and you will get a lot of hits.  Also, as Shellie said, a Google Scholar search listing Washington as the state and under case law type in "credit card" and years 2010 and up.

Also do a google search for King County law library in Washington if you are near there.

[debtzapper]

Here is a recent Midland Washington thread

 

http://www.creditinfocenter.com/community/topic/321407-being-sued-by-midland-funding-in-washington-state/

[cetman91]

Could anyone tell me in my packet for opposition to summery judgment do I have to resubmit the exhibits of plaintiff in my reply ?

[shellieh98]

No, you can just reference them.  Plaintiff's exhibit A or plaintiff's exhibt B.  But I would include any of the exhibits I am referencing so you have proof of what they sent.

[cetman91]

thanks everyone for the help in this matter. Today in mail received a re-note for motion docket pertaining to summary judgment rescheduled to 8/18/14 which turns out to be same date and time as preliminary trial. Would think the re-note would move preliminary trial date back also but guess not. Intrigues me that the packet for re-note has a declaration of mailing stating on 7/09/14 mailed a copy of calendar note,MSJ,affidavit of service,declaration of military service,POSJ, and DOM but these items aren't there. Should this be a concern or not?

[cetman91]

I would like to know the ins and outs pertaining to discovery in Washington. Can, after filing my OMSJ, then request upon plaintiff discovery? Confused because Assignment of preliminary trial date lists six bulleted items of what court will do. Item 6 states: Enter discovery order and completion dates...what is this saying? Am realizing this whole process is really about procedures. Case in point the copy of rule 56 plaintiff sent me states motions shall be served at least 10 days before the time fixed for hearing but on the web I have found rule 56 that says motions shall be served 28 days before hearing. If the later is true that would explain the re-note for motion docket. Geez my head is swelling.

[sasha0378]

Several of us have been unsuccessful as of late in the Washington courts.  However, I believe it is because we all failed to submit an affidavit with our opposition.  Please research what affidavit you need and make sure you include it.  I don't have a sample one because I did not submit one and could never quite wrap my brain around what it would need to say.

 

Pickles

there only affidavit the judge was to consider was a denial of the credit card account in the first place. I had an affidavit denying that I owed debt to JDB, which judge simply threw out.

[cetman91]

The SOL on open ended accounts is 3 yrs. in WA

[shellieh98]

I would like to know the ins and outs pertaining to discovery in Washington. Can, after filing my OMSJ, then request upon plaintiff discovery? Confused because Assignment of preliminary trial date lists six bulleted items of what court will do. Item 6 states: Enter discovery order and completion dates...what is this saying? Am realizing this whole process is really about procedures. Case in point the copy of rule 56 plaintiff sent me states motions shall be served at least 10 days before the time fixed for hearing but on the web I have found rule 56 that says motions shall be served 28 days before hearing. If the later is true that would explain the re-note for motion docket. Geez my head is swelling.

I would serve discovery requests ASAP, and in your opposition note there are outstanding discovery requests. Courts don't like to give summary judgements when there has been no discovery, and you dispute what they do have in your opposition.