Sign in to follow this  
Dude-In-WA-State

Being sued by JDB Second Round for a Comenity account.

Recommended Posts

1. Who is the named plaintiff in the suit?     Second Round

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

3. How much are you being sued for?     Aprox $4,000

4. Who is the original creditor? (if not the Plaintiff)     Comenity Capital Bank / Good Sams Reward VISA

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

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

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

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?     Typical collection letters

9. What state and county do you live in?     Washington State

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations)     It is not outside SOL

13. What is the status of your case? Suit served? Motions filed?   No activity since the Summons & Complaint was filed

14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?)     No

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

16. How long do you have to respond to the suit?     I was served at the end of February.  I never filed an answer.  Checking the court website shows no activity since then, probably due  to the COVID shutdown.  I am filing my answer and notice of appearance with the court in two days as well as mailing a copy to the attorneys.

17. What evidence did they send with the summons?     Only their business license.

 

I plan to file my answer and notice of appearance even though it is late this week.  Next week I will work on the MTC Private Arbitration and the affidavit for the credit card agreement from 2018 when the account was last active.

Share this post


Link to post
Share on other sites
4 hours ago, Dude-In-WA-State said:
 
 

1. Who is the named plaintiff in the suit?     Second Round

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

3. How much are you being sued for?     Aprox $4,000

4. Who is the original creditor? (if not the Plaintiff)     Comenity Capital Bank / Good Sams Reward VISA

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

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

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

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?     Typical collection letters

9. What state and county do you live in?     Washington State

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations)     It is not outside SOL

13. What is the status of your case? Suit served? Motions filed?   No activity since the Summons & Complaint was filed

14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?)     No

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

16. How long do you have to respond to the suit?     I was served at the end of February.  I never filed an answer.  Checking the court website shows no activity since then, probably due  to the COVID shutdown.  I am filing my answer and notice of appearance with the court in two days as well as mailing a copy to the attorneys.

17. What evidence did they send with the summons?     Only their business license.

 

I plan to file my answer and notice of appearance even though it is late this week.  Next week I will work on the MTC Private Arbitration and the affidavit for the credit card agreement from 2018 when the account was last active.

Can you post a redacted copy of your answer including a copy of the written agreement?

 

Share this post


Link to post
Share on other sites
18 minutes ago, Robby8900 said:

Can you post a redacted copy of your answer including a copy of the written agreement?

 

Found the card agrement. If it were me personally, i would file a motion to dismiss for lack of subject matter jurisdiction presenting notice within the document  demand for arbitration, and be done with it.

Share this post


Link to post
Share on other sites
16 hours ago, Robby8900 said:

Can you post a redacted copy of your answer including a copy of the written agreement?

 

I just put,  "I lack knowledge about the truth and so deny the statements" for every count.

For my affirmative defenses I put, "Lack of Subject Matter Jurisdiction – The underlying contract contains a private arbitration clause which the Defendant has elected to exercise. Therefore, This Court does not have jurisdiction to hear this matter. "

image.png

image.png

image.png

Share this post


Link to post
Share on other sites
14 hours ago, Robby8900 said:
 

Atcched is the card agreement!

I found one from 2018 on the CFPB website that I was going to use as it was the one in effect when my account was last in good standing.

I need to find an example of an affidavit attesting that this is the correct agreement.

Share this post


Link to post
Share on other sites

So it turns out that my local court has not updated their online case files in months.

On May 4th a default judgment was issued against me.

Is there any way for me to get the judgment overturned and get this case into arbitration? 

Share this post


Link to post
Share on other sites
16 hours ago, Dude-In-WA-State said:

So it turns out that my local court has not updated their online case files in months.

On May 4th a default judgment was issued against me.

Is there any way for me to get the judgment overturned and get this case into arbitration? 

NOW?  NO. You weren't a little late with the answer.  You never answered at all.  HUGE mistake after valid personal service.

"I was served at the end of February.  I never filed an answer."  

Worse you only had 30 days after the summary judgment to appeal.  You can check with a WA State consumer attorney and see if there are options but I would not get your hopes up.  They properly served you and you failed to answer or appear in court.  Not factors for over turning a judgment.

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

Sign in to follow this