civil-commercial complaint

What is the name of your state? Wa

I got served by mail but there is not a copy of the complaint by the cc company. How do I respond to this. I see that one has been filed. I need to respond by next week.

What exactly did you get? Getting served generally only involves you getting a copy of the complaint.

I was served papers for a lawsuit with just the motion and declaration of summary judgement, proposed summary judgement, declaration of attorney fees, affidavit in support of judgement, note for motion, declaration of mailing, order setting case schedule, but NO COMPLAINT. How do I answer this, so they do not get a garnishment?

Sounds like what you got served with is a summons with notice.

You need to respond and also demand the complaint.

This are straight forward legal documents that you may be able to find at one of those legal resources I provided. Each state uses a slightly different format/wording, so try to find a model for a consumer credit action in the state of Washington.

In a way, this is good at is buy you time to finish your settlement with your divorce.

Good Luck!

Get the file

You need to go to the courthouse and get the file - the title of your pleading is somewhat confusing, and you really need to see what is going on in the litigation, and file the appropriate response, which may be an answer as well as response to the summary judgment filing.

post back once you have the file.

declaration of mailing- Please advise

on the declaration of mailing it states: 1. Motion and Declaration of Sumary Judgement 2. Proposed Summary Judgement 3. Declaration of (attorney name) attorney fees 4 Affidavit in Support of Judgement 5 Not for Motion 6 Declaration of Mailing 7 Order Setting Case Schedule 8 CR-56, address ato the following which is me.... there is no Sommons or Complaint.....how do I answer this????

A declaration of mailing is a legal form verifying that a document has been sent via mail to a 3rd party, usually required to be sent with documents as proof to a judge or clerk that a set of documents has been mailed.

Is there an index number and a court on the declaration? If yes, you will need to immediately goto the court and get a copy of the summons & complaint, motions, etc... All of this is supposed to be served on you.

If there is no index number, they may just be trying to harass you into sending them money. The index number is supposed to be in the upper right hand corner of the first page of the declaration.

Once you have the summons and complaint and motion for summary judgment, etc..., you will immediately need to Answer in Opposition to the Motion justifying your opposition with that you were never served with either the summons or complaint, etc... All this gets stated in the Response Affidavit in Opposition to a Motion which will have to swear is true and notarize. Unless the plaintiff's can prove they served you with the summons and motions, you can have the reasonable expectation that the court will not grant a motion for a summary judgment.

Without seeing the paperwork you received, it is hard to determine exactly what is going on. Have you shown this document to your divorce attorney? He might be able to better guide you at this point.

These links are for NY rules and WA will be different in someways, but the general principles remain the same and give you a general feel of where this would have to go if they filed a Motion for a Summary Judgment.

http://www.nycourts.gov/courts/6jd/forms/SRForms/resp_howtoans.pdf
http://www.nycourts.gov/courts/6jd/forms/SRForms/m_affinopp.pdf

I am not an attorney nor do I play on on TV. Many attorney's offer free consultations and I recommend that you consider consulting an attorney in you area. You may discover this is just a harassment.

Good Luck!

Generally, a motion for summary judgment means the party is trying to obtain a judgment by arguing that there are no questions of fact, and that if the law is applied to the facts, they win. To respond, you have to raise a question of fact by affidavit. For example, you have to produce evidence, in an affidavit, that the debt is disputed, that the amount is not correct, that they don't own the debt, etc.

Generally, a motion for summary judgment comes after someone is served and has filed an answer. If you have not filed an answer, you can deny filing an answer in response to the motion for summary judgment.

However, I'm not familiar with WA law, and a motion for summary judgment there may be different.

You might want think about getting a lawyer - motion practice is a bit more tricky than filing answers, and procedures (when, how, the form of affidavits) becomes important.