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nbnm, March 29, 2015 in Is There a Lawyer in the House
Read up on arbitration in Linda7's thread which a link is in my sig line at the bottom. You might want to consider this if you don't want to go to court. Also, should you need one locate a www.naca.net attorney for a free consult in your area and to possible hire if you can afford an attorney. Good luck and welcome to the board.
OK I just combined the first and second affirmative defenses because they are the same thing, correct?
4. Plaintiff’s complaint is not or has not been properly verified and is not grounded in fact because it does not exhibit the alleged contract the debt is based upon, a valid statement of account, nor any valid assignment that gives Plaintiff legal title of any claim. Fifth Affirmative Defense5.Plaintiff in filing this Complaint, has not produced a copy of the executed agreement it seeks to enforce.
4. Plaintiff’s complaint is not or has not been properly verified and is not grounded in fact because it does not exhibit the alleged contract the debt is based upon, a valid statement of account, nor any valid assignment that gives Plaintiff legal title of any claim.
Fifth Affirmative Defense5.Plaintiff in filing this Complaint, has not produced a copy of the executed agreement it seeks to enforce.
Do your rules require that documents be attached to the complaint?
It does not appear that they do. It says complaint and summons only.So does that mean they do not have to provide the evicence right now? and I should get rid of those two affirmative defenses ?
I have PM'd a WA member to see if she can assist. Unfortunately, WA district courts seem to be creditor-friendly.
These are rules for the various WA district courts
The limit for WA district court small claims is $5k, but for contract claims, district courts can hear disputes up to $75,000
omfg, another attempt to re-invent the wheel... maybe... check out a few local attorneys and hear what they say? First consultation is free of charge and they even may want to work on contingency. If they can't help, we, internet amateurs, may, but... still:
- Fred Martens (Bellevue WA)
- Guy Beckett (Seattle WA)
@, as far as I can tell, only the first of your defenses is an actual affirmative defense. The rest of "defenses" is a pile of nonsense similar to what I once put in my answer.
here is a link to Civil Rules for Courts of Limited Jurisdiction in WA:
which is a small portion of what you will have to go through
Your advice is very much appreciated.
This morning after I walked outside to take out the garbage my door bell rang and a women asked for my husband by first name. I said he was not home,...THOUGHTS, IDEAS, DO I SOUND LIKE AN IDIOT???
This morning after I walked outside to take out the garbage my door bell rang and a women asked for my husband by first name. I said he was not home,
THOUGHTS, IDEAS, DO I SOUND LIKE AN IDIOT???
Eh... re-read the original post once again... are you, a non-attorney, trying to act as a legal representative for your husband? Well, this is not a good idea. Though the district court may graciously allow that, you have a high chance of failure, even if you read rules of civil procedures over and over again until you finally have a better understanding of this area than the judge's him/herself... yet it won't do you much good... The good news, however, is that if your husband properly preserves the records, he could prevail on appeal and he won't have to post a bond since the amount in question is over $5,000, unlike some consumer attorneys may tell you. But do you really have to approach your problem like that? Please go talk to a consumer attorney, who won't probably talk to you but your husband - do your husband this little favor.
Good catch, Sasha. I didn't realize it was her husband who is being sued.
Let me start politely, (since manners and general presumption of positive intent seem to be lacking on many internet forums). Thank you all so much for your advice. I really do appreciate that debtzapper and BV80 went to the extra effort to help someone they did not know and who asked.
Sasha0378 I can not tell if you are cussing at me or the world in general. No worries though, I deleted my original post and will delete my "account". I apologize for whatever it is that I did or said that made you feel, in anyway, put out. Yes, the defenses were pulled from several articles, posts and forums, because I thought that was this cites ultimate goal...to help people. Again I apologize for causing you to have to "reinvent the wheel..." (Sorry still don't get that reference)
Just on a side note, WA is a community property state, and my husband is out of town, (in the wildness, on fires) for the next 25 days; oh and that whole time bound, 20 day thing, seemed kind of important since no response renders a default judgement. So, yes I am trying to act on his behalf, and my own since it mentions that he is married and the laws of Washington state clearly state that property and debt amassed during the marriage is the responsibility of both parties.
Again sorry to bother you, but just so we are clear, I am not sure why my request for help is any different than anyone else. If you are going to be rude, direct people else where, cuss at them, belittle them and then say you "may" help, "but...still" maybe you should not be responding to people in need.
"they can't help, we, internet amateurs, may, but... still:"
A year ago, a few people on this board and I were exactly in your position: got served, had absolutely no clue about how to defend ourselves, decided to be our own attorneys... started crafting our answers, RFPs, motions in opposition... fast forward a few month... got screwed in the district court on a summary judgment and, believe me, our frustration much greater than yours after reading my posts. We all shared one thing in common: being a pro se, which means that our arguments are not well considered, as if the rules of civil procedures didn't apply to us. This seems to be the harsh reality in WA.
That period of 20 days to respond with your Answer is not set in stone. Being away from home, like it is your husband's case, is a good cause to have an extension on that, and an attorney knows how to do that. But you can always file a Notice of Appearance, which is a much simpler form and means that you must be heard before a judgment is entered against you, so the default judgment you are so worried about will no longer be an option.
The version of your answer that you prepared, in my opinion, will likely be laughed at by the opposing counsel and will likely cause annoyance to the judge, which may obviously hurt your defense.
...and I do believe that I have helped you much more than others, though you didn't necessary and obviously like what you wrote. Good luck anyway, either as a pro se or with representation. I beg you not to repeat my mistake though: not consulting with an attorney
Since it was I who PM'd @sasha0378 to help you, I am sure she was really trying to help. Why else would she have replied? If she was "cussing," she was cussing at WA district courts, which are VERY PRO CREDITOR and are dismissive of pro se litigants. She and other WA OPs have gone through the wringer only to lose, and she was trying to give you the benefit of her experience. It wasn't necessary to delete your original post, either. I know you said you're "freaking out," and I can understand that feeling, but try to be calm and stay focused. Contact those lawyers she mentioned. A consult is free. And if sasha can help you further I am sure she will.
Everyone here wishes you well.
@debtzapper, now it is apparent to me that my overly negative experience with district courts was treated as something personal. Thank you for sharing your perspective.
I was afraid of being sued so I have settled my accounts. Maybe you should consider settling. It is a lot less stressful than going to court.
Yes, it it an option. If a person withdraws from an argument just after a couple of "unfriendly" posts, then she is probably not ready to put up a fight in the court. I may sound harsh, but I have no better way to express it in english, which is not my native language, by the way.
You write well, @sasha0378. I don't know what happened to the OP. Well, we did try to help. Thanks for being here.
Just on a side note, WA is a community property state, and my husband is out of town... So, yes I am trying to act on his behalf, and my own since it mentions that he is married and the laws of Washington state clearly state that property and debt amassed during the marriage is the responsibility of both parties.
by the way, I think that the stepping in on behalf of the spouse being sued is a big mistake. By doing so, she may admits the allegation of debt being incurred during their marriage. One spouse being sued doesn't make the other spouse automatically liable. And if you do wish to be sued as well and wish to join the defending party, you have to petition the court appropriately.
Yes, I don't know state wise, however I did all the legal work in a case my hubby was being sued for (and jointly as jane doe) I signed our names , his first to every motion and thing we submitted. When we got to court the judge said only one of you can speak. I refuse to be tag teamed. I said it will be me. And we won our case. \
I remember trying to help Sasha too, and I am sure that there might be a little bitterness , but good intention to help. You can never predict what the court will do. So be prepared for the worst and hope for the best. And the advice to speak to a consumer atty is the best I can give you !!!!!
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