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  1. #1
    Join Date
    Nov 2009
    Posts
    4

    Default Motion to Dismiss

    My question involves collection proceedings in the State of: Washington

    History:
    -I was attending classes at an online University in 2005
    -Each class I attended was signed up for via email
    -I signed up for some classes and never attended them. I also did not withdraw from the classes
    -I received a bill from the University for the classes
    -Because I wanted to keep attending school, I started making payments on the classes
    -The school eventually sent it to collections and I continued to make payments to the school
    -The collection agency wrote me a letter saying basically the payments were not good enough, so I stopped making payments completely

    Current Happenings:
    -In April I was served court documents (by a lawyer representing the collection agency) saying they were suing me for this debt. They stated that I enrolled in and attended these classes. The amount is roughly $3500 with interest.
    -I drew up an Answer to this with the help of free legal counsel.
    -They sent me a letter saying that they received my answers and that their client might be interested in settling for a lesser amount.
    -I called them and offered them $1200.
    -They wrote me back saying that their client wanted the full amount and denied my offer.
    -I then filed Interrogatories or Discovery. The two main items were 1) proof that I signed up for these classes and 2) proof that I attended these classes.
    -In their response to these they said the proof that I signed up was attached. To the attendance question they responded that they did not have this and that it was irrelevant. The “proof” of enrollment that was attached was a letter from the school stating that they “did not have this documentation for this student”
    -I then received a letter offering to settle for $2400
    -I hired a paralegal to write up a motion to dismiss citing that they do not have proof that I enrolled in or attended these classes as they are accusing me of.
    -I filed this motion last Thursday

    My questions:
    1. Did I file it correctly by just taking it to the court clerk?
    2. What happens now? Will the judge just make a decision? Will I find out via mail?
    3. Was I supposed to have sent copies of the motion to the Plaintiff? The court clerk said no.

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    65,673

    Default Re: Motion to Dismiss

    What court is this? Small claims? Check the court rules for the court in regard to service of motions and the scheduling of hearings on motions.

  3. #3
    Join Date
    Nov 2009
    Posts
    4

    Default Re: Motion to Dismiss

    Well, my former question is a moot point. I received something from the court stating:

    "Per Judge Thompson: The court cannot dismiss based upon answers to Interrogatories. Defendant may note a motion for summary judgment under CRLJ56, with notice to opposing counsel."

    Here is the CRLJ he references

    I thought that a motion for summary judgment was only when the facts of the case were undisputed? I am disputing the facts, so what would I put under the "undisputed facts" portion of the motion?

    Do you happen to know where I may find a sample of a motion for summary judgment? I just don't have money to pay someone to write this

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