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[Gryl]

I was sued by a JDB last year in June 2013.  Washington added "debt buyers" to the definition of collection agencies effective October 1st, 2013 and RCW 19.16.260 says " No collection agency or out-of-state collection agency may bring or maintain an action in any court of this state involving the collection of its own claim or a claim of any third party without alleging and proving that he, she, or it is duly licensed under this chapter and has satisfied the bonding requirements hereof". I found out that this collection agency did not have a license in October when this law went into effect but they applied for one in November 2013.  Is this grounds for dismissal?  The SOL on this alleged debt expired in October 2013 and it doesn't seem right that this case could be maintained.  I just received a letter in the mail last month saying the original JDB that started this case recently assigned the alleged debt to another JDB and they are currently trying to pursue the case. Any help would be great!

[Clydesmom]

No, because the law was not in effect when they filed the suit.  Any change in the law would be effective from that date going forward not retro-actively. 

 

The SOL is tolled once the suit is filed.  So the SOL stopped running in June when they filed the case.  If it were to be dismissed it would immediately run out but so far based on what you posted I see no basis for dismissal.  They can legally sell the debt and substitute another Plaintiff.  

 

Of course a second JDB being involved makes your job easier in challenging standing.

[ArtVandelay]

Check out the attorneys listed under the plaintiffs below. Find one that is listed on more than one recent (2012-2014) case, preferably in your district. Give them a call and see if they think you might have any FDCPA violations. You might want to contact more than one and just see if they think you have any options. Explain all of the details, not just what you mentioned here. This may or may not help, but all it will cost you is a little time. 

 

http://dockets.justia.com/search?state=washington&cases=mostrecent&noscat=13&nos=480

[ArtVandelay]

If you want to see if others here can help you might want to answer the questions below. Just leave out all personal info and round off all numbers. 

 

1. Who is the named plaintiff in the suit?

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

3. How much are you being sued for?

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

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

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

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

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?

9. What state and county do you live in?

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

11. What is the SOL on the debt? To find out: 

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    looking it up online (many states have this information posted - when you find the online court site, search by case number or your name).

13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?)

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.

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? 

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.