kdalla5

Motion for default and judgement

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1. Who is the named plaintiff in the suit? PCA Acquisitions V, LLC

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

3. How much are you being sued for? 4,500.00

4. Who is the original creditor? GE Capital, amazon card

5. How do you know you are being sued? Served 

6. How were you served? They handed papers to my husband when he answered the door.

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

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? Washington state Clark county

10. When is the last time you paid on this account?  last payment made was 1/22/14 as per my credit report,  But looking at the summary on my payment history it is 10/2013
11. What is the SOL on the debt? 6 years

12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or  B) 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?) No

14. Did you request debt validation before the suit was filed? No

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

16. What evidence did they send with the summons? An affidavit and bill of sale

 

 

I messed up early in the case, I was served with papers that seemed like a scare tactic because they had no court case or date.  I reponded to both the courthouse and the plaintiff with:

My affirmative defenses were as follows:

Defendant denies the allegations contained in Paragraph 1 of the complaint as defendant is without information or knowledge sufficient to format an opinion as to the truth or accuracy of alleged assignments or entitlements. 

Defendant denies the allegations in paragraph 2 as there is not, nor has there ever been any agreement, written, oral or implied with the plaintiff and defendant. 

Defendant lacks knowledge of the truth and thereof denies allegations contained in paragraph 2, plaintiff has failed to provide defendant with any kind of account numbers or documentation for alleged debt.

I have not entered into contract with the plaintiff 

I dispute the amount to be owed

The amount demanded is excessive 

The defendant states that other defenses and counter claims may exist and will be added as they become known.

Wherefore, the defendant prays that the court take nothing of the plaintiff's complaint by virtue and dismiss the complaint. 

 

I was mailed documents requesting motion for default and judgement last week that give both a court date (July 17th and a case number) along with an affidavit,  bill of sale, copy of service papers and my affirmative defenses.  

 

My question is, have I messed it up and have no recourse of action? or can I motion to dismiss because the proof they provided was hearsay?

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My question is, have I messed it up and have no recourse of action? or can I motion to dismiss because the proof they provided was hearsay?

 

Whether or not the documents are hearsay is a matter for the court to determine and is usually decided at trial not a MTD.  You can file it but I would not hold out much hope.   You do need to file an opposition to their motion for default judgment based on that hearsay argument and make sure you have case law to back it up.

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Whether or not the documents are hearsay is a matter for the court to determine and is usually decided at trial not a MTD.  You can file it but I would not hold out much hope.   You do need to file an opposition to their motion for default judgment based on that hearsay argument and make sure you have case law to back it up.

I have been reading and trying to learn as fast as I can, I can not for the life of me find any information on how to file an opposition.  I planned on stating that they have yet to provide the information I requested and that my account number does not match the one they have on file as reason for my suspicion.  The terminology is so confusing to me!  I appreciate any help.

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I have been reading and trying to learn as fast as I can, I can not for the life of me find any information on how to file an opposition.  I planned on stating that they have yet to provide the information I requested and that my account number does not match the one they have on file as reason for my suspicion.  The terminology is so confusing to me!  I appreciate any help.

 

If you did not follow the court rules for civil procedure in doing discovery and interrogatories they do not have to comply.  Simply sending a letter demanding evidence won't cut it.  It also can't be part of your response/answer to the summons.

 

As for the account number being different:  typically once the account is sold to a junk debt buyer they assign their own internal account number so it will be different and won't raise any concern for the court.

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search here for opposition to motion for summary judgement, then look in those threads for examples.  Basically you dispute their case point by point.  you will have to write a motion opposition.  They are saying there is no disputing their facts, so they should win without going further in litigation.  You have to bring out what the disputes are, showing there is reason to continue litigation.

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