Legal Question in Consumer Law in Washington

My mom was served with a Summons/Compaint on 4/15 from a lawyer representing the original creditor, and I know she needs to respond with an answer, notice of appearance, and certificate of service within 20 days CMRRR. However, there is no case number on the summons, which I take it to mean the Plaintiff hasn't filed the case with the court yet. We want to eventually request for production of documents because the original signed agreement was not attached, and we want them to prove we owe the debt with all the receipts for every transaction during the life of the card, what was purchased in those transactions, and payment record. However, since the case hasn't been filed with the court, when and how should we do this? Should we send this RFP along with the answer, NOA, and certificate of service to the attorney? Or should we just answer and wait to see if they end up filing this case with the court?

Along those lines, since the original signed agreement was not attached (actually, no piece of evidence was attached with the summons/complaint proving the debt), can we state in the affirmative defense section of the answer failure to state a claim? It seems to me like it's a good idea to throw it in there, and if it is dismissed then to request for production. However, I'm not sure if it is appropriate in the context of this situation. Or should we file a Motion to Dismiss the case in Lieu of an Answer?

Finally, if the case does get filed with the court and the attorney presents an affidavit of debt from the original creditor, would we be able to challenge the accuracy of those charges with a sworn denial? I know that voids the affidavit and forces them to find a witness, but I'm not sure of the process.


Asked on 4/23/13, 1:40 pm

1 Answer from Attorneys
Christopher Steuart IT Forensics, Inc.

If this is in Superior Court, the Superior Court rules allow for serving a non-filed summons and complaint and then on the 20th day to file the summons and complaint and a motion for default at the same time. Your mother should get an attorney now, or she should prepare and send a notice of appearance to the plaintiff's attorney. Document the mailing (i.e. mail to plaintiff's attorney with a process that confirms delivery and copy by first class mail) for the first contact. If you want to do discovery you can initiate it at the same time. Based on your zip code I'd say the case is in King County and in the SEA designated area. Your mother needs to get this done in the next few days. I do work in this area. 206-293-4377

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Answered on 4/30/13, 9:18 pm


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