Debt collector wants to end the game early

AndyJackson · #1 10-11-2003, 05:45 PM

Greetings... I'm new here but want to post something I thought others would find interesting and/or useful.

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I've been going through the process of dealing with a debt collector in a lawsuit I'm involved in for about the last 6 months. I've sent admissions and interrogatories and their side has tried to go for a summary judgement.& The case is still open... or was until yesterday.& I received a letter in the mail from the attorney offering to drop the case if each side paid for their own attorney costs.

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Recently, after doing some studying, I learned that in this state, Washington, inorder for a company to initiate a lawsuit, it HAS to be registered with the Secretary or State... an easy search for you to do in most state.& 

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RCW 25.15.340

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http://www.leg.wa.gov/RCW/index.cfm?fuseaction=section§ion=25.15.340

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Well, lo and behold, guess who I found out who WASN'T registered in this state when they decided to initiate a lawsuit against moi?& You got it!& Bingo, I've got 'em.& Instant case for a motion for summary judgment in MY favor.& I decided to not file it right away and wait to see what the attorney's next play was going to be.& Hey, I'm enjoying this... its a great learning experience.& 

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As you can guess, the attorney's next play was to send me the letter offering to drop the case if I covered my own legal expenses so far.& Wait, was this really an offer?& It appears to me they are in any position to make an offer since they had no legal grounds to initiate this case to begin with.& My first reaction to the letter was ok, lets get the dismissal in the works and get this thing over with but then I thought to myself... this idiot attorney has been paid for his time by his client but I sure haven't been.& 

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After doing a little research, I also learned as the defendent, I'm equally entitled to have my legal expenses recouped in the event that the case is ruled in my favor, even if I'm representing myself.

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RCW 4.84.060 (the link is below)

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http://www.leg.wa.gov/RCW/index.cfm?fuseaction=section§ion=4.84.080

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I figured I've put atleast 5 hours on this case with all the filings and research I've done to defend myself so below, is the response to the letter I received from their attorney.& Hope you enjoy!

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&Dear Mr Plovie,

I have received your client’s offer of settlement.& I do not agree to the stipulations of the settlement offer and instead am submitting a counteroffer.

Please consider the following when reviewing my offer.

After doing a little research with the Secretary of State's Office, I have learned that your client was not registered in this state to be doing business at the time this law suit was initiated.& According to RCW 25.15.340, your client isn't even afforded the opportunity to initiate a lawsuit in this state without being registered with the Secretary of State.& Clearly, your client is in no position to be offering any sort of settlement offer.

Like you yourself probably feel, I've wasted enough of my valuable time on this frivolous law suit and am willing to settle it with prejudice based on the following conditions:

& 1) Your client will compensate me for my time expended on this case in accordance with RCW 4.84.060.& You have been compensated already.& I have not.& I have spent at least 5 hours on this case in the preparation of discovery, answering motions, and proposing motions, answering your claim, filing a counterclaim, and doing the necessary research to defend myself in this case.& At the above listed rate of $125 per hour, your client would owe me $625 just for attorney fees if settled in my favor in a motion for summary judgment.& Considering that your client is clearly in violation of RCW 25.15.340 could you possibly see a motion for summary judgment not being granted to me?& I will accept only a cashier's check issued from your client for the full amount mentioned above.& No business checks will be accepted.

& 2) Plaintiff and Defendant will enter into mutual dismissals of all claims and counterclaims with prejudice therefore allowing no future opportunity for this case to be reopened against the defendant for the reasons listed in this case.& The plaintiff will agree not to sell defendant's account to any other debt collectors for future collections activity.& These stipulations will be included in the dismissal settlement document.

& 3)& Plaintiff's attorney or representative and the defendant will consent to a mutually agreed upon location to finalize this agreement where signatures are required and the cashiers check issued for the full amount at the time of signing the dismissal document.

I'm giving your client 10 days from the date of this letter to consider and accept this counteroffer.& If I have not heard from you after 10 days has lapsed, I will be filing a motion for summary judgment with the court for the reasons I listed above.

As mentioned in #3 above, our mutually agreed upon location for signing the appropriate dismissal documents and issuing of the cashier's check will take place not later than 20 days after the date of this letter.& If you fail to meet these requirements, this settlement offer will become null and void and I will proceed with a motion for summary judgment against your client.

I look forward to your reply within 10 days.

Sincerely,

You're Screwed!

AndyJackson · #2 10-11-2003, 05:45 PM

Greetings... I'm new here but want to post something I thought others would find interesting and/or useful.

&

I've been going through the process of dealing with a debt collector in a lawsuit I'm involved in for about the last 6 months. I've sent admissions and interrogatories and their side has tried to go for a summary judgement.& The case is still open... or was until yesterday.& I received a letter in the mail from the attorney offering to drop the case if each side paid for their own attorney costs.

&

Recently, after doing some studying, I learned that in this state, Washington, inorder for a company to initiate a lawsuit, it HAS to be registered with the Secretary or State... an easy search for you to do in most state.& 

&

RCW 25.15.340

&

http://www.leg.wa.gov/RCW/index.cfm?fuseaction=section§ion=25.15.340

&

Well, lo and behold, guess who I found out who WASN'T registered in this state when they decided to initiate a lawsuit against moi?& You got it!& Bingo, I've got 'em.& Instant case for a motion for summary judgment in MY favor.& I decided to not file it right away and wait to see what the attorney's next play was going to be.& Hey, I'm enjoying this... its a great learning experience.& 

&

As you can guess, the attorney's next play was to send me the letter offering to drop the case if I covered my own legal expenses so far.& Wait, was this really an offer?& It appears to me they are in any position to make an offer since they had no legal grounds to initiate this case to begin with.& My first reaction to the letter was ok, lets get the dismissal in the works and get this thing over with but then I thought to myself... this idiot attorney has been paid for his time by his client but I sure haven't been.& 

&

After doing a little research, I also learned as the defendent, I'm equally entitled to have my legal expenses recouped in the event that the case is ruled in my favor, even if I'm representing myself.

&

RCW 4.84.060 (the link is below)

&

http://www.leg.wa.gov/RCW/index.cfm?fuseaction=section§ion=4.84.080

&

I figured I've put atleast 5 hours on this case with all the filings and research I've done to defend myself so below, is the response to the letter I received from their attorney.& Hope you enjoy!

&

&Dear Mr Plovie,

I have received your client’s offer of settlement.& I do not agree to the stipulations of the settlement offer and instead am submitting a counteroffer.

Please consider the following when reviewing my offer.

After doing a little research with the Secretary of State's Office, I have learned that your client was not registered in this state to be doing business at the time this law suit was initiated.& According to RCW 25.15.340, your client isn't even afforded the opportunity to initiate a lawsuit in this state without being registered with the Secretary of State.& Clearly, your client is in no position to be offering any sort of settlement offer.

Like you yourself probably feel, I've wasted enough of my valuable time on this frivolous law suit and am willing to settle it with prejudice based on the following conditions:

& 1) Your client will compensate me for my time expended on this case in accordance with RCW 4.84.060.& You have been compensated already.& I have not.& I have spent at least 5 hours on this case in the preparation of discovery, answering motions, and proposing motions, answering your claim, filing a counterclaim, and doing the necessary research to defend myself in this case.& At the above listed rate of $125 per hour, your client would owe me $625 just for attorney fees if settled in my favor in a motion for summary judgment.& Considering that your client is clearly in violation of RCW 25.15.340 could you possibly see a motion for summary judgment not being granted to me?& I will accept only a cashier's check issued from your client for the full amount mentioned above.& No business checks will be accepted.

& 2) Plaintiff and Defendant will enter into mutual dismissals of all claims and counterclaims with prejudice therefore allowing no future opportunity for this case to be reopened against the defendant for the reasons listed in this case.& The plaintiff will agree not to sell defendant's account to any other debt collectors for future collections activity.& These stipulations will be included in the dismissal settlement document.

& 3)& Plaintiff's attorney or representative and the defendant will consent to a mutually agreed upon location to finalize this agreement where signatures are required and the cashiers check issued for the full amount at the time of signing the dismissal document.

I'm giving your client 10 days from the date of this letter to consider and accept this counteroffer.& If I have not heard from you after 10 days has lapsed, I will be filing a motion for summary judgment with the court for the reasons I listed above.

As mentioned in #3 above, our mutually agreed upon location for signing the appropriate dismissal documents and issuing of the cashier's check will take place not later than 20 days after the date of this letter.& If you fail to meet these requirements, this settlement offer will become null and void and I will proceed with a motion for summary judgment against your client.

I look forward to your reply within 10 days.

Sincerely,

You're Screwed!

AndyJackson · #3 10-11-2003, 05:49 PM

One follow up I should make with the above post...

While it is true, this company was not registered at the time the lawsuit was initiated don't think for a minute that they will be able to go register that name and re-initiate the lawsuit...

That name is nolonger available through the Secretary of State's office...

Oh darn... wonder who could have taken it;-)

It available to the public if anyone wants to know.& Its not me either incase you're wondering.

AndyJackson · #4 10-11-2003, 05:49 PM

One follow up I should make with the above post...

While it is true, this company was not registered at the time the lawsuit was initiated don't think for a minute that they will be able to go register that name and re-initiate the lawsuit...

That name is nolonger available through the Secretary of State's office...

Oh darn... wonder who could have taken it;-)

It available to the public if anyone wants to know.& Its not me either incase you're wondering.

AndyJackson · #5 10-11-2003, 06:19 PM

Oh... one more followup...

After searching at my county recorders office I've also learned that this "unregistered" company has sued and won judgments in this county in the past.

Do you think I would be tempted to contact those persons who had a judgment issued against them and let them know their "liar" I mean lawyer really flubbed up an that they should seek to reopen their cases to get the judgement dismissed?

Yep, I'd be willing to do that as well as let this company and their attorney know I'd be willing to do that.&

Hey, I tried telling them MANY times they didn't have a case and to drop it but they just wouldn't listen.

Oh well!

AndyJackson · #6 10-11-2003, 06:19 PM

Oh... one more followup...

After searching at my county recorders office I've also learned that this "unregistered" company has sued and won judgments in this county in the past.

Do you think I would be tempted to contact those persons who had a judgment issued against them and let them know their "liar" I mean lawyer really flubbed up an that they should seek to reopen their cases to get the judgement dismissed?

Yep, I'd be willing to do that as well as let this company and their attorney know I'd be willing to do that.&

Hey, I tried telling them MANY times they didn't have a case and to drop it but they just wouldn't listen.

Oh well!

#7 10-11-2003, 06:20 PM

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Greetings Mr. Jackson,

Good work and congratulations! I am personally going through civil court issues, and it is refreshing to hear about the mistakes made/loopholes found, etc.

Stay humble. Also, I was told to always add "alleged" when referencing a disputed/unverified so-called DEBT. Just a thought...

...one more thing. Some of my mentors taught me that "if you&get a bear into a corner, you would have to kill it or let it go". Your thoughts on this seem like you are willing to let "them" go because you have found their activities to be negligent, to say the least.

Barratry? Vexatious Litigation? Fraud?...Let 'em go?

&

#8 10-11-2003, 06:20 PM

&

Greetings Mr. Jackson,

Good work and congratulations! I am personally going through civil court issues, and it is refreshing to hear about the mistakes made/loopholes found, etc.

Stay humble. Also, I was told to always add "alleged" when referencing a disputed/unverified so-called DEBT. Just a thought...

...one more thing. Some of my mentors taught me that "if you&get a bear into a corner, you would have to kill it or let it go". Your thoughts on this seem like you are willing to let "them" go because you have found their activities to be negligent, to say the least.

Barratry? Vexatious Litigation? Fraud?...Let 'em go?

&

suijuris · #9 10-11-2003, 06:33 PM

Andy,

Thanks for joining up here. I look forward to your updates on this amusing story. Good work and keep it up!

Sui Juris

suijuris · #10 10-11-2003, 06:33 PM

Andy,

Thanks for joining up here. I look forward to your updates on this amusing story. Good work and keep it up!

Sui Juris