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Deny Summons ask for trial?

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    Deny Summons ask for trial?

    state of WA

    lurking for months

    this is my 4th week unemployed. Trying to get at least 3 months to file, either C7 or a negative/minimum C13 worse case, to get our income down close to median. spouse works and earns just above

    Should have done it many months ago

    low and behold as our luck would have it we get a summons, just over 6k to Discover

    we have been served but not filed with courts yet

    I spent quite a bit of time looking at the cases in our current court system

    Between Cap1, FIA, BOA, Disc, HSBC to name a few there have been over 1,800 cases filed in 09 ytd, I'm sure I forgot to search for others that would up this number.

    Current review time for new cases is 4 months

    I looked at case after case, involving the plaintiff's attny as well as others.

    A pattern I see is: if you do not reply with back with an affirmative defense or flat out deny and ask for trial, a motion for default is requested and usually granted. Affidavit of any phone conversations is usually the deciding factor. If you have ever acknowledged the debt.

    I paid 25 cent per page and reviewed a few cases. spent about $8 bucks for copies of several answers, complaints, minutes, etc

    Just becaused you deny the amount, not the debt, if you have or am implying acknowledgment, they are granting default and then ofcourse garnishment to follow. The cases will only increase as well as the burden on the courts.

    AS said our case is not filed, guess it will depend on the answer.

    So Deny ask for trial, which will be at least 4 months. File BK before trial.
    One case dismissed because they found out that BK was in the cards, they flat out denied in the answer and asked for a trial.


    Do you agree?

    What is the risk?

    #2
    The case that denied, asked for trial, knowing they were filing, owed 3 times what we owe. Same plantiff and attorney

    Comment


      #3
      Pierce county, served by person, Bishop, White
      do you know long it would take for arbitration?

      the amount we owe is small in comparison

      I have a call into our BK attny today to ask her advice

      I do see also a stipulated judgment where both parties agree to a set amount and payments, they rack up the legal fees and get judgement based on that amount

      Comment

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