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Question

I received a motion to dismiss my counter claim in a credit card collection case in WA State Superior Court (King Co) on 10/27. Many of the issues brought up by the plaintiff are a lie, including the assertation they servced me notice on 8/24 (reality it was well in mid Sept, well after the 10 days they were required to notify me). I filed my answer/counterclaim and affidavidit on 8/24. Plaintiff claims I didn't submit filed answer, I mailed but did not file an additional affidavit of service. Plaintiff claims my argument is incoherent, as pro se, I was unaware I had to cite the exact laws violated but can do so if I do an amendment. How do I do that? What kind of time frame do I have, 6 days from the 10/27 date of their motion to dismiss?

Submitted: 18 days and 14 hours ago.
Category: Legal
Value: $18
Status: CLOSED
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State/Country relating to Question: Washington

Already Tried:
We filed an answer and counter claim with the court after discovering the plaintiff had filed nearly 4 months after intially serving summons, w/ no notice of filing with the court. As a family, we have no income, cars owned by the bank and a house that we live in that we own...nothing of real value they could ever get in a judgement...we don't even have enough equity in the cars less what's owed for a lein there, and I understand we're protected to $125K equity in our home. The credit card debt is less than $1700, minus whatever attorney fees they dream up. We are looking at filing a medical bankrupcy but this junk debt buyer has not validated our debt (we did send cert return requested and recvd debt validation and cease and desist letter before they filed case with court, I understood they still had to comply with that). Moreover, we did file a complaint with the WA State Attny General regarding their constant harassment over the phone which they agreed in writing to no longer contact me over the phone in their response to the complaint but still did so afterward. I have pictures of the caller IDs of the FDCPA violations as well as a recorded voicemail from a person in their office after their assurances to the attny general they would comply. In their motion to dismiss, plaintiff is outright fraudulent in claiming they notified me on 8/24, I found it online and filed my answer in a days time to be within the time frame legally allowed...I got a letter sent regular mail signed by a paralegal a month afterward. I'm very confused, the legal system is not designed for pro se people but sadly it should be.

Posted by RayAnswers 18 days and 13 hours ago.

Answer

Thanks for your questionust title it .Respondent's First Amended Answer and Counterclaim.You have the right to amend pleadings as many times as you want to add to them or correct issues.

18 days and 13 hours ago.

Reply

Do I only have 6 days to file this with King Co? There is no record online that a date has been set to look at their motion to dismiss, or do they not have to have one? I can do another amended counter claim, I just need to know how much time I have to do so and I can't understand King County Superior Court rules very well (it just says 6 days from court date for motion, trial date isn't set until end of Jan 2011). Also, should I attach all of my evidence to this when the plaintiff still has not attached one shred of evidence they are entitled to collect on this 3rd party debt..no account number, no figures to show how they got to this amount, no cardholder agreement they are even entitled to collect on a debt taken with a dept store and not them?

This resulted because of defaults on credit cards mid 2007 due to a motor vehicle accident, which is still in settlement (1st deposition 11/9), it's not a matter of whether we'll win it's just when. My husband just lost his job yesterday so we are in a financial and emotional tailspin, does it cost me to again file this Respondent's First Amended Answer and Counterclaim and if so can I request a hardship waiver of some sort with the court? I wish I could hire an attorney to do this but we just can't afford it right now...we were hoping to file medical bankrupcy once the MVA settlement is done...we're still in SSI hell so there is no other income coming in for us right now...we already cashed in our IRAs and savings accounts just to make it this far (almost 3 years since accident). Are there attorneys that work for attny fees awarded us in trial like my personal injury and disability attorney do? I'm sorry to sound so desperate but I am...add head injury and inability to mentally function well is not helping this either. I apologize if I'm not making much sense.

Accepted Answer

You can file amended response anytime prior to hearing here but as soon as you can.I would attach your evidence here and get all of this in front of the judge before they rule here.You still have bankruptcy avaialable to you down the road.Don't apologize here--you seem to be doing pretty good and have grasp of what is involved and the rules.

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Expert: RayAnswers
Pos. Feedback: 97.9 %
Accepts: 
Answered: 11/4/2009

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25 years in civil, criminal, family, probate, elder issues, and administrative law

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