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On the contrary, Cash Store held the keys to its own defense

On the contrary, Cash Store held the keys to its own defense

The trial court found that Cash Store had not presented a prima facie defense to Ms

To establish a prima facie defense, the affidavits submitted to support vacation of a default judgment must precisely set out the facts or errors constituting a defense and cannot rely merely on allegations and conclusions. Shepard, 95 Wash.App. at 239, 974 P.2d 1275; see also CR 60(e)(1). Mr. Ahlberg stated that he had “no way of verifying” who allegedly made harassing comments to Ms. Johnson, and that discovery was necessary to address this issue. CP at 83. Ms. Johnson alleged that an unidentified male Cash Store employee called her at the end of . Cash Store could have submitted affidavits from the male employees working during this time period at its Pines Road store. Any discovery needed was within its own organization. At best, Cash Store presented sufficient evidence of a prima facie defense solely to the claim that its loans violate RCW and the CPA.

Considering the fact that Cash Store’s consumer loan agreements appear to comply with RCW 31

Johnson’s complaint. on their faces, we find that the trial court based this aspect of its decision on untenable grounds. See Hwang v. McMahill, 103 Wash.App. 945, 949-50, 15 P.3d 172 (2000). Consequently, we must next examine Cash Store’s reasons for failing to appear and answer. White, 73 Wash.2d at 352-53, 438 P.2d 581.

In her affidavit in support of https://installmentloansgroup.com/payday-loans-vt/ the motion to vacate the default judgment, Ms. Fish stated that she received the summons and complaint on . Because the only legal documents she had ever received were bankruptcy notices from customers, she claimed she was not familiar with the documents associated with lawsuits. After briefly reviewing the document headings, she assumed they related to a bankruptcy.

Faced with the broad language of § 27(a), the majority opts to deny the undeniable

Faced with the broad language of § 27(a), the majority opts to deny the undeniable

Even though the language the federal statute uses is broad, the statute’s application is, the majority insists, “quite narrow.” Ante, at 1305. The majority lists all the activities of out-of-state banks that Congress did not specifically mention in § 27(a), which means under the “quite narrow” view that Georgia can regulate those activities into oblivion. The targetable activities that are left unprotected by the preemption clause of § 27(a), the majority insists, include “collateral activity associated with the loan, such as marketing, advertising, solicitation, or any aspect of the loan procurement process” and “collection practices,” and the matter of “separate contracts between out-of-state banks and in-state vendors.” Ante, at 1304.

So anemic are the provisions of the federal act under the majority’s “quite narrow” view that states can prohibit out-of-state banks from using in-state agents at all, because § 27(a) says “nothing about agents, much less in-state, non-bank agents of out-of-state banks,” and because it “directly restricts only interest-rate limitations and cannot be so expanded to cause indirect preemption of the agency agreement between in-state entities, such as payday stores, and out-of-state banks.” Ante, at 1305 n. 25.