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Nala

Answering a lawsuit before default judgment

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I was recently served in person at my home by a law firm representing the bank my son got a private student loan from. The attorneys are Suttell, Hammer and White, P.S. and this is a lawsuit. If I do not answer, it says this could lead to a default judgment against me and my son. My son had tried to work with them to bring the payment down they demanded but I don't know if he made any payments and if so, how many and when was the last one. I will find this out tomorrow. The amount is 9500 and they mention of fees will apply. My son's original loan was $5,000. There is no court date (which means there could be) and I will need to check on line. I want to answer this without a lawyer and found a tool for Washington state to answer the complaint. I think, however, the statue of limitation is up, but I have to confirm if he paid anything yet. The debt was incurred in 2010 and 2011, which is 6 and 5 years. I have attached the document tool that I used to answer the complaint. My son used the same tool. Any thoughts?

answer example.docx

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38 minutes ago, Nala said:

Any thoughts?

Yes.  Please answer the following questions for us to be able to effectively help you:

It would help if you would start your own thread and answer the following questions when you do:

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:4 years

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 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?) 

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. 

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16 hours ago, Nala said:

Answers to Questions

Yes.  Please answer the following questions for us to be able to effectively help you:

It would help if you would start your own thread and answer the following questions when you do:

1. Who is the named plaintiff in the suit?

PNC Bank Wealth Management

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

Suttell, Hammer & White, P.S.

3. How much are you being sued for? 

$9,792.00 together with interest thereon at the highest legal rate, and any further sum which may be proven at the time of trial, and a reasonable sum as and for plaintiff's attorney fees; that such judgement shall bear interest at the highest legal rate after entry; and any other relief as the court deems just and equitable.

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

PNC Wealth Management

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

Yes

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

Person (not a sheriff)

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

Process Service Requirements by State - Summons Complaint

WA State: A notice of appearance, if made, shall be in writing, shall be signed by the defendant or his attorney, and shall be served upon the person whose name is signed on the summons. In condemnation cases a notice of appearance only shall be served on the person whose name is signed on the petition.  

I was not asked to sign anything.

 

8. What was your correspondence (if any) with the people suing you before you think you were being sued? 

None with me. I am a co-defendant and a co-signer on a low-interest student loan from a family fund that gives out these grants to students. I think they contacted him (the attorney) to work out a payment deal. They wanted a lot per month and he could not afford it. I need to ask if he paid anything and when was the last payment.

9. What state and county do you live in?  WA and King

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

I am finding this out and will post answer when I have the information.

11. What is the SOL on the debt? To find out:4 years

This loan was taken out in 2010 and 2011 for $2,500 each

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 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).  served, no motions filed or court date set

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

no, and neither has my son

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. 

 

No

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.  

It came with :

1.The actual suit which has our names and part of an account number (the last 4 digits the others are x's) and how much they say we owe.

2.Amended notice to service members and their dependents
3.Amended complaint: which states they are a legal entity, paid their license and that they believed that the defendents are married, which is not true. He is my son.

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1 hour ago, Nala said:

11. What is the SOL on the debt? To find out:4 years

This loan was taken out in 2010 and 2011 for $2,500 each

Actually the SOL on written contracts (which is what the loan is) is 6 years not 4.  The SOL starts running NOT when the loan(s) were taken out but when he missed the first payment and never brought the account current.

1 hour ago, Nala said:

1. Who is the named plaintiff in the suit?

PNC Bank Wealth Management

Okay, you are being sued by the original creditor in a VERY creditor friendly state.  You need to answer the suit or they will get a default judgment.  It isn't impossible to defeat an OC lawsuit but it is VERY hard.  They have standing, they have the records (usually) and they can attest to them without an affidavit making them reliable and not hearsay.

I whole heartedly recommend you get a free consult with a NACA Attorneys ASAP because you will need some guidance from a lawyer on this.  It might be possible to pay the attorney a couple hundred bucks to negotiate a lump sum settlement to avoid litigation.  

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Though I have had a summary judgment against me reversed in my favor on appeal without an attorney in WA, I now know that going pro se was a mistake.

By the way, SOL is not necessary 6 years in WA for credit cards but you need an experienced attorney to argue that for you:

We also reject Unifund's argument that Washington's six-year limitations period for accounts receivable applies. Unifund did not argue in district court that Elyse's account was an account receivable governed by RCW 4.16.040(2).

Advice: hire an attorney (I can recommend Guy Beckett from Seattle,  who I monitored and who eventually won the case against Unifund in the Court of Appeals).   

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