Just received summons WA State. Help!!!!

I am no expert but I can tell you, just cuz they are suing doesnt meant they will win. They must show the judge proof that you are they person who owes the debt. Do not offer to pay them. Wait until your are ordered to pay, if they prove the debt is yours.

What county are you in?

Thanks for your response MJD I am in King County.

When I respond to the attorney what do I send. Is it a Notice of Intent to Defend or just a well written letter that states I would like a hearing.

I don't really dispute the amount owed but I would like reasonable payments.

Hello BenScotty,

As per I know, if you don????????t respond to a Summon them you will be adjudged to have done contempt to the court and it will become mandatory for you to appear before the court. In such a situation you may either be fined or be held behind the bars for contempt of court.

Though you want to avoid an attorney, but the best possible way-out in such a case is to go for an attorney who will help you to review the document properly and represent you before court.

By the way, within which date do you have to respond to the summon?

Phoenix

Thanks phoenix. I received the summons yesterday May 20th and it states that I have 20 days from the date I was served to respond.

I cannot afford an attorney at least I don't think I can. I'm not even sure what kind of attorney I need to speak with.

Also I have never heard of the plaintiff who I assume is the CA trying to collect this debt (JPRD Investments). The summons doesn't give any contact info and I tried to google their name and couldn't find any.

I have had no correspondence with them. I would like to speak with them before I respond to the summons to maybe try an reach an out of court settlement.

JPRD INVESTMENTS, LLC
UBI Number 602739672
Category Limited Liability Regular
Profit/Nonprofit Profit
Active/Inactive Active
State of Incorporation WA
Date of Incorporation 06/27/2007
License Expiration Date 06/30/2008
Registered Agent Information
Agent Name CLEMENCIA CASTRO WOOLERY
Address 1201 PACIFIC AVE #1200
City TACOMA
State WA
ZIP 98402

First if you don't respond to the summons you will not be found in contempt you will get a default judgement against you and the CA will win. Second, when I had a court case in Snohomish County they said all I had to do is provide a written response (no special form or format). Check with the court and see if that will work, they will probably say do what ever you want since they can't give legal advice. Also ask the court if there is a small claims assistance office (the amount should make it small claims) who can help you. Otherwise call the local bar association and they may be able to get you a free or reduced fee consult with a lawyer. In California it is $35 bucks for an hour.

When you file your response deny knowledge of the claim and request that the CA provide validation in accordance to the federal law.

Dear Ben Scotty,

From your posts what I have understood is that you have 20 days time in your hand to respond to the Summon. At the same time you are not willing to go for an attorney.

At this juncture it will be best for you to resolve the matter with your creditor or Creditor????????s attorney itself within this 20 day time period. In such negotiations you have two options: -

???????If you offer your creditor a large chunk of your outstanding debt (say, 60%) through a lump sum payment then he may go for a settlement at a reduced repayment and also withdraw the court case. You can do this by discussing this matter with the creditor????????s attorney.

???????But it might happen that you are not in a position to offer him a lump sum amount. In such a position, you can show your willingness to go for a monthly payment at a reduced rate. The lender might well accept this offer and stop its coercive collection activities. But it may not withdraw the case against you because they will use it as a threat to you in case of default of monthly payments. You can discuss with the lender????????s attorney about different repayment plans.

Regards,

Phoenix

Honestly I think it is jumping the gun to just blindly offer to pay them, as Phoenix keeps suggesting. You have no idea who they are so why pay them???

Answer the summons! Like Cellular said, call your courthouse and ask what format you should respond with, also check with them to make sure it is a real case and not bogus!

Basically there should be a set of 'statements', numbered like:

1. So and so company is located at blah blah blah.

2. So and so resides at wherever you live, blah blah.

3. So and so owes company X amount of dollars.

You want to answer these statements with agree/deny/insufficient knowledge to agree or deny. Basically you want to deny everything that says you owe money, as you have no proof of this.

THEN during the discovery phaze you can demand validating documentation. Hmm also I would counter sue for them never bothering to notify you about the account in the first place and whatever other violations you can manage to get on them.

Wow you guys are the best! I have really been worried the last couple days about this.

I already typed out my answer. The only part that needs work are my Affirmative Defenses. I'm not sure what they all are. So I plan on seeing an attorney to review my answer.

I will also try to contact the plaintiffs attorney and try to reach a settlement. I will offer $1,100 of the $2,313.37.

If you guys have any more advice I'm definitely all ears. Thanks again guys!!!

Don't offer any kind of settlement until they legally provide you with all the information they are required to.

If they are bogus they will take your offer and then you willhave to worry about the real holder of the debt showing up.

When you go to court, (and after you find out this is a REAL suit) and do go to court, (don't except anything from there lawyer about change of date without verifying with the court) you will have a chance to offer a settlement there once they have provided proof of the debt.

Personal swings at guests or members is forbidden!Cajunbulldog

What legal documentation are they supposed to supply? Do I need to send a Validation of Debt letter to their attorney or to JPRD directly?

You will have to do it through the discovery process...ask your courthouse about it and check your rules of civil procedure for your state, that should give you the rules regarding such things. If they don't comply you can supena (I can't spell that darn word) :) those records, not to mention they could possibly be held in contempt.

So I have an appointment with an attorney on Thursday. To go over my answer to the summons.

She mentioned over the phone how bizare it was for the CA to be represented by an attorney who is about 3.5 hours away from Seattle (where I live).

Hopefully the attorney doesn't charge me an arm and a leg for this service.

Not sure if a summons is the same as them filing in court or not, but I had the same, had no idea who they were and filed a counter claim. The counter claim basically said I didn't owe them any money, didn't know who they were and that they hadn't provided me any docs to indicate what I owed them for. I didn't hire an attorney. I took my counter claim to the courts where it was filed. It was dismissed the day of the hearing, by phone.

By chance was this an attorney out of Wenatchee?? Who won't answer the telephone or return messages?

Hello, BenScotty
I just came accross your blog trying to find some info on JPRD. I just got the same letter from them, I am also in Federal Way , WA. What was the outcome? Do you still have your attorney contact info? If you do, please let me know.They set a court date for me for April 7th in Kent court.

I have the same thing came to my door. SOMMONS not by the court but CA attorney Melaine Bailey. She is legit. in Wa. ST. The 20 days I have to respond if not what could happened?

I looked her up at by her WABA #38765

I will request a paymet plan do eveything by fax and mail.

You can call Senior Rights Assistance in Seattle to get a copy of Debtors Rights. Also in Washington State the Statute of Limitations on credit card debt is 3 years from the last activity (payment). Also you Social Security/ pensions. SSI and up to 125,000 of Equity in a home is also exempt from 3RD party Debt Collectors. Just send them a Collection Proof letter. DON'T ADMIT THE DEBT OR AGREE TO PAY ANYTHING!

Initially called my parents at their home in Texas claiming they were serving me papers to appear in front of a judge unless I called 855-204-7722 claim # 129463 and made an arrangement. On February 8, 2011. (This is what they told my parents.) I immediately called the number and asked for in writing a verification of the debt. They said they would not provide anything in writing but they would knock of the location fee of $200 and the total owed would be $118. If I choose not to pay they would proceed and deliver me papers taking me to court. The next day I received a phone call on my cell asking me if I paid Nationwide. I said no. Then they wanted to verify my address and a time to deliver the paperwork. At the same time a ex-coworker of mine notified me that they had left a voice mail on his machine from Steve claiming that I owe money and they would be delivering court papers to my work. John then called my ex-coworker again wanting to know where I was. When he refused to give him any info he threaten to come down and "kick his ass" If I owe a debt I will pay it but I will not me threatened.