Summons that doesn't have case number: REAL OR B.S.?????

[Resigned2BK]

My husband just had a summons thrust on him by someone waiting for him to arrive home. Funny thing is, it doesn't have a case number anywhere and instead of writing a letter of defense against the claim to someone with the courts, it's supposed to be to the law firm issuing the claim.

Oh, and this is all supposedly on behalf of Discover Card. I've heard they and AmEx tend to be the biggest bullies on trying to collect.

We've read that this particular firm specializes in collections and they tend to like employing a lot of intimidation tactics. For example, last month they pulled my husband's vehicle registration. We still have to finish paying the retainer to our attorney, and then I don't know if dealing with this sort of issue is something he'll claim he needs extra hourly fee for. GRRRRRR. We have the money so we'll pay the rest of the retainer, we were just waiting until we get closer to our plan of filing in September. And it's totally ridiculous. By all rights, any researcher worth their salt should figure out right away that we are going to be a nearly no asset Chapter 7, nearly because WA state only exempts $200 of cash or securities max and I have a shared account worth a few thousand that will be subject to the forced sale of my share.

[catleg]

Depends on your state. Minnesota is known as a state where a complaint can be served on a defendant without being filed in the court first. Don't know about Washington, sorry. Maybe Treehugger will chip in :-)

[Resigned2BK]

The more we look at the docs, the more it just looks like another intimidation tactic. One of the documents doesn't have the text lining up with the side numbers and starts with a bolded paragraph "This is an attempt to collect a debt..." yada yada. But to be safe, my husband will pass it off to the attorney and mention that we think it's not anything formally legal at this point (as in an actual attempt to sue or get a judgement or whatever). This one particular collector has been the most bizarre one. They are a local firm and near as we can tell, it's a collection company that has lawyers on the letterhead to make it look like a serious law firm because most people who've never had legal issues will just about faint dead away at the thought of being sued over anything. I know it's really worked to get our collective blood pressure up, that's for sure.

[ByeByeCCs]

You can look up cases in most places at the website of your local clerk of the court. Most initial complaints do not have the complaint number on it because they do not get a number until they are filed. But in my area it is included on the summons attached to the complaint.

[ValleYum]

We have the money so we'll pay the rest of the retainer, we were just waiting until we get closer to our plan of filing in September. And it's totally ridiculous. By all rights, any researcher worth their salt should figure out right away that we are going to be a nearly no asset Chapter 7, nearly because WA state only exempts $200 of cash or securities max and I have a shared account worth a few thousand that will be subject to the forced sale of my share.

Not an answer about the Discover card issue but about something else you mentioned.

You don't have much equity in your home do you? Why on earth would you not use the Federal bankruptcy exemptions that would allow you (and a spouse if filing jointly) to each exempt up to $10,825 in assets as long as you don't utilize more than the Federal limit in homestead equity? I am amazed your attorney hasn't mentioned this to you.


In the state of Washington, you may use the Federal bankruptcy exemptions or the state of Washington Bankruptcy Exemptions. Do a Google search for Federal Bankruptcy exemptions (the last update was in 2010 and will be again updated in 2013 so make sure your source is current). Keep all that you are entitled to!

Good luck and I hope this helps you in some little way!!

[treehugger1]

I think WA is a state where you can be served a complaint without a case number. I am guessing that some collection law firms would rather wait and see if you file an answer before they pay to file with the WA court. Eventually, they will have to "officially file." In WA and OR you always have to serve your answer on the plaintiff or plaintiff's attorney, so their request is no big deal. Every summons I have received from a collection law firm always acknowledges the firm is a debt collector. I don't know why this is the case.

If I were in your shoes, I would go down to your local courthouse and speak to a clerk, playing dumb. "I received this, and I don't know the process because there is no case number. Could you help me understand this process?"

You may or may not get some help.

[sunshinepa]

Your DH is on the right track to at least show it to your attorney. I don't think he would charge you just to tell you if it's legal. Mine looked at my absolutley legal summons, told me what we would do if I didn't get filed on time and that was that.

You should also heed ValleyYums advice. Why is your attorney not suggesting? Or are you not at that stage yet since you still owe money? Be sure to bring it up when you speak with him/her.

[tobee43]

tree and the PP i think are right on with their responses. first thing i would do is contact the court clerk to make certain this is a "real" summons.

sometimes collection agencies or collection atty's send out something that looks like a summons as a pre rec to the actual filing of the case. in many cases to even answer the summons you need certain information to assure the court is properly notified of your answer . there is a proper course of action to take that will keep the situation somewhat under control however in your answer if it's REAL you need to provide i.e. ... address and telephone number, the title of the case and docket number. ...

[DYLAN150]

look up your name on this site: this will cover most everything to include traffice tickets, divorces, etc.

http://dw.courts.wa.gov/index.cfm?fa=home.namesearch&terms=accept&flashform=0

[tobee43]

look up your name on this site: this will cover most everything to include traffice tickets, divorces, etc.

http://dw.courts.wa.gov/index.cfm?fa...pt&flashform=0

cool site DYLAN!!!!!!

[treehugger1]

The washington case file site is pretty cool. I've used it many times to look up past dates related to a prior custody issue years back. Sometimes the site is not quite up-to-date, so don't assume no file just because it does not come up on the site.

[treehugger1]

Here you go from the Washington rules of civil procedure. I thought they could serve you before filing. I would take the complaint/summons seriously.

RULE 3
COMMENCEMENT OF ACTION

(a) Methods. Except as provided in rule 4.1, a civil action is
commenced by service of a copy of a summons together with a copy of a
complaint, as provided in rule 4 or by filing a complaint. Upon written
demand by any other party, the plaintiff instituting the action shall pay
the filing fee and file the summons and complaint within 14 days after
service of the demand or the service shall be void. An action shall not be
deemed commenced for the purpose of tolling any statute of limitations
except as provided in RCW 4.16.170.
(b) Tolling Statute. (Reserved. See RCW 4.16.170.)
(c) Obtaining Jurisdiction. (Reserved. See RCW 4.28.020.)
(d) Lis Pendens. (Reserved. See RCW 4.28.320 and 4.28.160.)

[tobee43]

The washington case file site is pretty cool. I've used it many times to look up past dates related to a prior custody issue years back. Sometimes the site is not quite up-to-date, so don't assume no file just because it does not come up on the site.

hey tree how you be? ( i just couldn't help myself sorry).

it would be nice if more states had a site like that. it seems like nowadays many sites are not up todate or keeping up with current information.

[tobee43]

Here you go from the Washington rules of civil procedure. I thought they could serve you before filing. I would take the complaint/summons seriously.

RULE 3
COMMENCEMENT OF ACTION

(a) Methods. Except as provided in rule 4.1, a civil action is
commenced by service of a copy of a summons together with a copy of a
complaint, as provided in rule 4 or by filing a complaint. Upon written
demand by any other party, the plaintiff instituting the action shall pay
the filing fee and file the summons and complaint within 14 days after
service of the demand or the service shall be void. An action shall not be
deemed commenced for the purpose of tolling any statute of limitations
except as provided in RCW 4.16.170.
(b) Tolling Statute. (Reserved. See RCW 4.16.170.)
(c) Obtaining Jurisdiction. (Reserved. See RCW 4.28.020.)
(d) Lis Pendens. (Reserved. See RCW 4.28.320 and 4.28.160.)

it is amazing our different it works and varies state by state. great info.

[FairyPoor]

Do you mean a summons can be served with no docket number. I'm sorry, I just do not understand how that can happen? We were sued a few times and every time we were served a summons it had some type of number to refer to.