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Written Defence need help

Date: Sat, 10/06/2012 - 23:50
Submitted by on Sat, 10/06/2012 - 23:50
Posts: 202330
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1. Who is the named plaintiff in the suit?

EverGreen professional Recoveries

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

Payne and Hickel

3. How much are you being sued for?

940.04

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

Grays harbor college

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)

In person

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

Yes handed to my mother

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?

Yes sued them in small claims court for reageing a debt doped it cuz of school

9. What state and county do you live in?

Grays Harbor, Washington

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

July to the OC

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

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).


IDK

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

Yes july/24 with the CA and the CRA

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.


Yes

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?

20 days

1. This Claim has been Assigned to plaintiff for collection

2. Plaintiff is a Washington corporation in good standing, is duly licensed and has satisfied all bonding requirements.

3. Defendant is subject to jurisdiction of this court.

4. Defendant became indebted to grays harbor college for monies due on certain services rendered, which assignor duly licensed to render, upon which there remains a principal balance of $582.80, plus interest to date of $24.14, all which has been demanded with no avail.

Wherefore, Plaintiff prays judgment against the defendant for principal balance of $582.90, prejudgment interest of $24.14, and for court costs: statutory attorney fees of $ 200.00, filling fee $83.00 and exparte fee of $10.00 estimated service fee of $40.00, for a total of $940.04 plus interest to date judgment. The undersigned verifies he believes the forgoing is true.

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.

Nothing

The short Story

They do not own it they are 3rd party for sure and the college has no clue whats going on I am pretty sure of that since they went ape poo when and told the ca to remove it from my credit report back in July. The CA is also sueing for the original full balance even tho it should be 382 bucks. I sent them a DV letter the first day I was aware of the debt when it poped up on my credit report of course they claim they sent me a dunning letter prior this was back in July. Funny I never ever got one. They reported the Wrong 1st delinquency making it 2 yrs newer Than flat out than deleted the trade line 2 days later. Yes I did dispute it With the CRA.


From what I gather the school is a public school so there is no SOL. It this for tuition?? Since it has been a law suit has been filed, court and legal fees are now part of your balance which you are legally responsible to pay. The attorney has been hired by the school and you will need to work with them to resolve this, preferably before your court date. Look up the court date on your county court website.


Submitted by SOAPLADY on Sun, 10/07/2012 - 16:32

SOAPLADY

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Yes. The school seems to have no knowable of me being sued it was a new one to them.
The suit is for the wrong amount to began with,
The 3rd party collection agency hired a attorney after ignoring a Dispute letter. There is no date on the county court website.


Submitted by on Sun, 10/07/2012 - 20:30

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Correct m if I am wrong but they can not ask for sum certain in legal fees
Because
Stolicker v. Muller,
Muller, Richmond, Harms, Myers, and Sgroi, P.C., Case No. 04-cv-733, 2005 WL 2180481 (W.D. Mich. Sept. 9, 2005).
In Stolicker, a law firm attempting to collect on a debt filed a complaint demanding $3,985.25 in damages, an amount which included $776.68 for attorney???s fees, 25% of the outstanding debt.
The credit agreement existing between the parties also included a clause in which the debtor agreed to pay the ???reasonable attorney fee??? associated with collection actions.
The court found ???[t]he inclusion of a liquidated sum as attorney fees with the principal debt owed altered the terms of the contract between Capital One and Stolicker and violated the FDCPA.??? Id. at *4.
The court???s decision in Stolicker turned on the fact that the claimed fees were stated as a ???sum certain??? and were included in the total damages request.
The court found this to be a false representation because determining reasonable attorney???s fees ???requires a judicial evaluation of the evidence regarding the fee.??? Id. at *5


Submitted by on Sun, 10/07/2012 - 20:38

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We are happy to help you but I need you to register to the forum immediately and create an account so I can move this thread to the member's only area. You have personal information up and you need to have an account so I can move your topic. Reply here with your new account and I can move the thread.


Submitted by waffles on Sun, 10/07/2012 - 20:58

waffles

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Well for starters, the CA would not have hired the attorney, the school would have. Evergreen more than likely returned the account to the school. Have you been talking to the school's collection department or the bursars office??? The different receipts do not show the same starting balance. Someone at the school authorized this lawsuit....sounds like you are not talking to the right department.

As for collection costs, you cannot use an example of credit card decision vs a public student loan debt. Found this on the schools website on

Quote:

Students are required to pay tuition and fees in full by the designated date.
Failure to make payment on any outstanding balance may result in your account being referred to an outside collection agency.
You will be responsible for all collection and legal fees per Washington State Law.
This would be public debt...as with all public debt, the court and legal fees are assessed to you.


Submitted by SOAPLADY on Mon, 10/08/2012 - 04:12

SOAPLADY

( Posts: 17315 | Credits: )


its not even student loan debt its college tuition.

The Ca ignore a dispute for the debt sent to them and filed suit. I spoke with the schools business office. All the paper work I got so far has said the collection agency hired the lawyer. They are also suing me for the wrong amount totally disregarding any payment maded on it.

I know I have them for re ageing the debt on my credit report. So correct me if I am wrong but never ever sending me duning letter and ignore a dispute letter than fileing suit is another FDCPA violation?

Also what is this written defense they want?


Submitted by deadsosoon1776 on Mon, 10/08/2012 - 04:36

deadsosoon1776

( Posts: 7 | Credits: )


I spoke with the schools business office and to the person in charge of this stuff on July 25 payed 200 dollars on it and agreed to pay the rest on Oct 10th. They said that was fine. They also got very upset when she found out it was on my credit report and said evergreen was not spouse to be reporting it to people credit report (it was removed shortly) Her own words were they fail a lot of people and they did not even want to send account to collections but the state forced them to they are not trying to make anyone life hard.

Now I really doubt the school has anything to do with this since the dollar amount is the original balance not crediting the amount I payed. I think evergreen got all mad when I filed AG complaint against them and threaten to sue them for reageing the debt. But I will know for sure come Tuesday when I speak to the school.

Just wondering What happens if the school did not authorized this and this is the CA doing?

Also can't I have the case dismissed since they are suing for the wrong account balance and they have to refile with the right blance?


Submitted by deadsosoon1776 on Mon, 10/08/2012 - 04:48

deadsosoon1776

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Ok....I do not understand what your dispute about the amount was.....you had a chargeback from FINAID so you owed 580 plus....FINAID was refunded so you now owe the school. You paid $200...why did you pay it when you were disputing it? Why didnt the school report the direct pay to the CA?? You can dispute the $200 but you still owe the remainder plus the court and legal fees now.

Somewhere at the school there has been some major miscommunications.


Submitted by SOAPLADY on Mon, 10/08/2012 - 05:21

SOAPLADY

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Oct 8th
Kathy said at 10:55 Am the college never gave permission to evergreen and that they told evergreen it is the wrong amount. She refused to put it in writing. She did agree that me and her I could pay. She refused to comment any further and transferred me to Barbaratsa

Barbaratsa said that they were informed by evergreen back in July that they were going to be suing me. She was unsure if that was in their agreement with evergreen and said it is counterproductive and she would be pulling their contact with evergreen to see what the agreement says. She asked me to send all the paperwork I have over to her.


Submitted by deadsosoon1776 on Mon, 10/08/2012 - 13:32

deadsosoon1776

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Well I spoke with a Lawyer who said I have a strong case for multiple violations. He is reviewing everything and going see if he wants to take the case. Also today

Oct 8th
Kathy said at 10:55 Am the college never gave permission to evergreen and that they told evergreen it is the wrong amount. She refused to put it in writing. She did agree that me and her I could pay. She refused to comment any further and transferred me to Barbaratsa

Barbaratsa said that they were informed by evergreen back in July that they were going to be suing me. She was unsure if that was in their agreement with evergreen and said it is counterproductive and she would be pulling their contact with evergreen to see what the agreement says. She asked me to send all the paperwork I have over to her.

Barbra from Grays Harbor College called me at 4:59 pm saying that. She would be forwarding me an email from Evergreen. They are able to now to take the payment and he case will be dismissed

I spoke with Barbra at the college again trying to pay the remaining balance on the account as I agreed to pay it before the 10th She told me the college could not take the payment for the account. I would need to contact the Evergreen.


now for the qustion

The letter from the CA says

Assigned amount 582.90

interest and service fees 133.00

-minus the 200 the college got

Total due 515.90

My question is can they charge that much in fees? and does it matter they are suing me for the wrong amount

RCW 19.16.250

Prohibited practices.

(ii) Interest or service charge, collection costs, or late payment charges, if any, added to the original obligation by the original creditor, customer or assignor before it was received by the licensee for collection, if such information is known by the licensee or employee: PROVIDED, That upon written request of the debtor, the licensee shall make a reasonable effort to obtain information on such items and provide this information to the debtor;

(iii) Interest or service charge, if any, added by the licensee or customer or assignor after the obligation was received by the licensee for collection;

(iv) Collection costs, if any, that the licensee is attempting to collect;

(v) Attorneys' fees, if any, that the licensee is attempting to collect on his or her or its behalf or on the behalf of a customer or assignor; and

(vi) Any other charge or fee that the licensee is attempting to collect on his or her or its own behalf or on the behalf of a customer or assignor;

(d) If the notice, letter, message, or form concerns a judgment obtained against the debtor, no itemization of the amounts contained in the judgment is required, except postjudgment interest, if claimed, and the current account balance;


Submitted by deadsosoon1776 on Mon, 10/08/2012 - 17:41

deadsosoon1776

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