Lawsuit - I need help
Date: Fri, 08/01/2008 - 23:45
Hi. First of all I appreciate any and all help I receive from the Community. For example, it address me and a John DoeI live in Washington State. I was served a Summons at my home about June 20th. It is a Summons for a Dishonored Check from 2006. It's from Cost Cutter's parent Company, Brown & Cole. The check is for $ 49.59. I did not remember where I was living in 2006, where I was working or who I was banking with (due to medical issues). There was alot of conflicting information in the Summons. _______(my last name). It stated I was married and was currently married and living with my husband. I was married for 3 years over 20 years ago. The guy serving the papers asked me if I was 36 years old and I said no I am 46 years old. It stated it sent me collections bills, but I don't remember receiving any. I filed Bankruptcy but don't have the paperwork anymore and couldn't remember what year it was discharged (as I filed the wrong chapter before and that one dismissed). Anyway, I responded within the stated 20 days asking for verification of the check and I wanted to make sure it was really me they were seeking as there were many discrepancies. The initial Summons asked for the initial $ 49.59 check, $ 25.00 Handling Fee, $ 40.00 Collection Charge, $ 12.95 Interest, $ 148.77 Treble Charges for a total of $ 276.31 - for a $ 49.59 check. I said in my response that if this turns out to be my Debt that I would immediately make arrangements for payment. I also stated I felt I should not pay the Treble charges due to the fact that I had not been notified for over 2 years of this Debt and as I stated before I did not have paperwork from two years ago due to a fire in my storage shed.
Today I received a packet in the mail from the Attorney. It's a Court Date for August 14th - in TWO weeks. It's a hearing for a Civil Motion. Attached is a "Motion Declaration for Summary Judgement". It's states paragraphs about " Relief Requested". The first part says "Comes now........states Atty etc...moves this Court for Summary Judgement in favor of Plaintiff, granting the relief requested in the Complaint previsouly filed herein". "If Summary Judgement is not granted to Plaintiff upon the whole case or for all relief requested, and a trial is necessary........
Next attached is a "Summary Judgement". There is a copy of the check and it is my check. There is also a copy of a collection notice dated April 18, 2006 that apparently was mailed to me at that time.
Then attached is "PROPOSED" ORDER OF SUMMARY JUDGEMENT
Here is states many costs. 49.59 initial check, 12.95 interest, 53.00 filing fee, 52.60 service fee, 25.00 handling fee, 40.00 collection charges, 148.77 treble charges, 200 attorneys fees, for a total judgement of $ 581.91 (arg this makes me feel naucious).
NOW to my QUESTIONS:
This PROPOSED SUMMARY JUDGEMENT - is this what they are asking? What happened to the initial amount on the first summons of a total of $ 276.31? Is the $ 581.91 what they will ask if it goes to trial?
Can they do this after not even billing me for over 2 years? I've lived in the same place 2 1/2 years now so why didn't they send any more notices or bills. I know they don't have to but 2 years is a long time with no notice, besides the first collection notice in April 2006.
What can I do, besides go to court? IS there anything I can do? Is there any way to negotiate this for way less?
Thank you so much for your help
Sincerley,
D
Today I received a packet in the mail from the Attorney. It's a Court Date for August 14th - in TWO weeks. It's a hearing for a Civil Motion. Attached is a "Motion Declaration for Summary Judgement". It's states paragraphs about " Relief Requested". The first part says "Comes now........states Atty etc...moves this Court for Summary Judgement in favor of Plaintiff, granting the relief requested in the Complaint previsouly filed herein". "If Summary Judgement is not granted to Plaintiff upon the whole case or for all relief requested, and a trial is necessary........
Next attached is a "Summary Judgement". There is a copy of the check and it is my check. There is also a copy of a collection notice dated April 18, 2006 that apparently was mailed to me at that time.
Then attached is "PROPOSED" ORDER OF SUMMARY JUDGEMENT
Here is states many costs. 49.59 initial check, 12.95 interest, 53.00 filing fee, 52.60 service fee, 25.00 handling fee, 40.00 collection charges, 148.77 treble charges, 200 attorneys fees, for a total judgement of $ 581.91 (arg this makes me feel naucious).
NOW to my QUESTIONS:
This PROPOSED SUMMARY JUDGEMENT - is this what they are asking? What happened to the initial amount on the first summons of a total of $ 276.31? Is the $ 581.91 what they will ask if it goes to trial?
Can they do this after not even billing me for over 2 years? I've lived in the same place 2 1/2 years now so why didn't they send any more notices or bills. I know they don't have to but 2 years is a long time with no notice, besides the first collection notice in April 2006.
What can I do, besides go to court? IS there anything I can do? Is there any way to negotiate this for way less?
Thank you so much for your help
Sincerley,
D
