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OK so here is my story... I was stupid, young and got into a relationship with a man who ended up being physically abusive. I had to leave and had several accounts go to collections and some were joint accounts which he removed his name from before going into default. I also seem to have some of my credit mixed with another person because there are accounts on my credit which are not mine. I only have two credit cards and there are ones reported that are not mine. My number one concern is Midland.

 

My husband had someone serve me with papers two months ago saying they were going to be scheduling a court date and to respond within 30 days. I called midland and said I was not sure who the debt was from and if they had the legal right to collect. The process then was discontinued (not sure for how long). They said papers would be coming to me... nothing was sent. I have called several times. My credit now states that I have disputed Midland but nothing more. I have pulled my head out of the sand, done a ton of research and am now trying to clear this up. This week I sent letters to the collection agencies saying that no records were given to me, I don't know what this debt it, this debt is not mine. I also sent certified letters to Midland asking for validation of the debt, I used the template plus some tweeks that I found on here. 

 

I think that this could be either the T-mobile account we had that I couldn't afford on my own or a credit card with capital one but I am really not 100% sure! Did I mess up by sending them these letters? Should I have just left it alone since they they seem to not be interested in the moment in taking me to court?

 

 

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My husband had someone serve me with papers two months ago saying they were going to be scheduling a court date and to respond within 30 days. 

 

Did you respond to the court within the 30 days?  If you did not then they can get a default judgment.  This is the most important thing you needed to do.  Did you?

 

This week I sent letters to the collection agencies saying that no records were given to me, I don't know what this debt it, this debt is not mine. I also sent certified letters to Midland asking for validation of the debt, I used the template plus some tweeks that I found on here.

 

Unfortunately the template DV letter on this site is 99% WRONG and they do not have to provide any of it to you in validation and under the FDCPA they only have to respond if you DV them within 30 days of their FIRST contact with you.  If it is past that (and because they have sued) they do not have to respond outside the court venue.  You have been sued.  It is WAY WAY too late for DV.  You need to start defending this if it is not too late.  DV is NOT how you answer a summons.

 

Did I mess up by sending them these letters? 

 

Sending the letters?  No.  If you didn't answer that summons with the court?  Big time.

 

Should I have just left it alone since they they seem to not be interested in the moment in taking me to court?

 

Ignoring a summons is about the worst thing you can do.  You may have just given them a default judgment and since you were properly served you would have no grounds to get it vacated.  

 

First thing Monday you need to go to the court and find out what the status of this case is. If it is not too late you need to file an answer with the court and prepare to start defending yourself.  If you don't they will get a default judgment and garnish wages or levy bank accounts to collect their money.  Their silence may not be an indicator that they intend to do nothing.  They could also simply be waiting for time to pass so that you have no defense and they get a summary or default judgment.  NEVER EVER assume anything when dealing with a lawsuit.

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This part doesn't make sense: "My husband had someone serve me with papers two months ago"

 

Why would husband have someone "serve" you.  

 

The obvious question would be what did the papers say?   Hopefully, you still have.

 

If it was a summons for a lawsuit it would have named who was suing you etc. You would have been served by a process server not your husband!

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This part doesn't make sense: "My husband had someone serve me with papers two months ago"

 

Why would husband "serve" you.  

 

The obvious question would be what did the papers say?   Hopefully, you still have.

 

If it was a summons for a lawsuit it would have named who was suing you etc. You would have been served by a process server not your husband!

 

They gave the papers to my husband. My husband had someone serve me through him with papers since he answered the door. 

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I do not know Washington law, but it would seem to me you were never properly served. 

 

You should try and clarify with the Court - but not clear which court. If under $10,000 may be in your county small claims, if under $75,000 (assume it is!) in your municipal or county court of limited jurisdiction, although Superior Court may also be used.  From a fast look seems a bit confusing in WA. 

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I believe if they haven't dismissed the case they may be stringing you along for the default judgment. Call the clerk and check the status of the case. You may have to file an answer to the complaint AND a Notice of Appearance here is a post in another Washington state thread that will help.

http://www.creditinfocenter.com/community/topic/325185-help-responding-to-request-for-admissions-and-interrogatories/?p=1312663

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I do have a court number and it's just in the court database as "filed" on 8/26/14 nothing more. Like I stated I called the place that served me directly the next week and asked for documentation that it was my debt, never received anything. Called back a few times and left messages with no response back. If I was scheduled for court I would need to be sent a court date and I might be wrong but there would be a court date on the court website. Have they just dropped the ball on this? It is a small debt $1,400. 

 

Also they served my husband with papers for me, not me and they are in my maiden last name, not current. 

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There is confusion between a debt verification letter vs a Court Summons and Complaint.

 

If receive a debt verification letter if you demand verification within 30 days they have to send you name of the creditor, amount, and very basic information.  All it does is delay any court action for 30+ days.

 

A Court Summons and Complaint has to be properly "served" - usually handed to you by a process server or a Sheriff.  It will state you have 20 days to file an answer or a default judgment will be issued.  At this point, verification is moot.  You have been sued and have to file an answer within 20 (I think in WA) days.  

 

If not properly answered within 20 days (or whatever time limit is in WA), creditor will file for a default judgment.   You can still get that reversed but much harder - usually if improper service.

The answer has to be in a certain form addressing line for line each item in the complaint. Lines should be double-spaced.

 

Below is a sample for a debt buyer case not original creditor - I am not a lawyer and do not provide legal advice, only a qualified attorney can draft documents and provide legal advice. 

 

IN THE xxxxxxxxx JUSTICE COURT
IN AND FOR THE COUNTY OF xxxxxxxxxxx
 
 
xxxxxxxxxxx LCC                                              
Plaintiff                                                               )
vs.                                                        )                                                     No xxxxxxxxxxxxxxxxx
)
xxxxxxxxx and XXX XXXXX XXXX )                                                                ANSWER
HIS WIFE AND EACH OF THEM,                      )
                                     Defendant (s)                 )
____________________________________ _)
 
Now comes Defendant, XXXXXXXXXX and files this Answer and Defense to the above captioned complaint, hereby timely replied to in response to the Complaint served on XXXX, 2014, by Paragraph numbers in the Complaint:
1. ADMITTED - Defendant is a resident of Arizona but is not married. 
DENIED as to knowledge of the Plaintiff as to the standing of Plaintiff or any debt to XXXX Capital. 
2. DENIED – Defendant has no knowledge of any contract with XXXXX Inc.  Does not have any balance owing and has no knowledge of any contact.
DENIES owes any money to XXXXXX..
Defendant specifically pleads the following affirmative defense:
1) Plaintiff has provided no admissible evidence testifying to the accuracy or validity of the alleged account.
2) Plaintiff has not proven the debt is valid or the amount of the debt is accurate. The Plaintiff must prove that the principal, interest, collection costs, and attorney’s fees are all correct, agreed to in a written contract, and lawfully charged. Defendant also insists that the Plaintiff come up with the original contract, account statements and purchase receipts to prove the amount of the debt.
3) Plaintiff's Complaint violates the Statute of Frauds as the purported contract or agreement falls within a class of contracts or agreements required to be in writing. The purported contract or agreement alleged in the Complaint signed by the Defendant has not been produced.
4) Defendant claims Lack of Privity as there is no proof that the Defendant entered into any contractual or debtor/creditor arrangements with the Plaintiff.
5) Plaintiff is barred under the Fair Debt Collection Practices Act from collecting attorney fees, interest, collection fees, and any amount not specifically provided for by agreement.
6) Plaintiff failed to state a claim upon which relief can be granted. Plaintiff's Complaint and each cause of action therein fails to state facts sufficient to constitute a cause of action against the Defendant for which relief can be granted.
7) Plaintiff's complaint fails to allege a valid assignment and there are no averments as to the nature of the purported assignment or evidence of valuable consideration; Plaintiff's complaint fails to allege whether or not the purported assignment was partial or complete and there is no evidence that the purported assignment was bona fide.
8) Plaintiff's complaint further fails to allege that the Assignor even has knowledge of this action or that the Assignor has conveyed all rights and control to the Plaintiff. The record does not disclose this information and it cannot be assumed without creating an unfair prejudice against the Defendant.
9) Plaintiff is not an Assignee for the purported agreement and no evidence appears on the record to support any related assumptions.
10) Plaintiff is not the real party in interest and Plaintiff has failed to name all necessary parties.
11)  Defendant claims Accord and Satisfaction as Defendant alleges that the original creditor accepted payment from a third party for the purported debt, or a portion of the purported debt, or that the original creditor received other compensation in the form of monies or credits.
12) Defendant believes any alleged amount is outside the Statute of Limits and is time barred to be collected.
13) Deleted related to Personal Identity theft notified by IRS and police report filed.
14) Defendant reserves the right to amend and/or add additional Answers, Defenses and/or Counterclaims at a later date including, but not limited to, violations of the Federal Truth in Lending Act, the Fair Debt Collection Practices Act, and the Fair Credit Reporting Act.
PRAYER FOR RELIEF
Wherefore, defendant asks for a judgment in favor of the defendant dismissing the complaint herein with prejudice, together with costs, and such other further and different relief as the court finds proper here.
I state under penalty of perjury that the foregoing is true and correct.
 
Respectfully submitted this xxxx, 2014 
 
xxxx, pro se
 
___________________________
I CERTIFY that I mailed a copy of this ANSWER to:
Xxxxxxxxxxxxx
Xxxxxxxxxxxxxx
Plaintiff's attorney at the above address
 
By Defendant xxxxxxxxxxxx xxxxxxxxxx, 2014

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Note the example is for Arizona.

 

See Seadragons good link for somewhat different WA rules however the "Answer" will be the same or similar. 

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