pdxhayn68

Members
  • Content Count

    9
  • Joined

  • Last visited

Community Reputation

0 Neutral

About pdxhayn68

  • Rank
    Newbie

Profile Fields

  • Location
    Oregon

Recent Profile Visitors

The recent visitors block is disabled and is not being shown to other users.

  1. @Happybluesky Your input has been very valuable to me. I will meet with an attorney later this week and I will bring up all of the options that we discussed and find out which is the best option for this case. I know I have not posted the complaint so Im sure there is information that is lost in translation. I will update this forum after I respond to the claim. Thank You
  2. No card member agreement, no contract, nothing except them saying that they have been assigned the alleged debt. I want to see that transaction of the assignment. I did not post the complaint, I don't feel it is smart to do at this point. However I can say that The Plaintiff makes all of their accusations using this common thread: "Each time the Defendant used the Account, the Defendant reaffirmed the agreement to repay Plaintiff's Assignor, and by way of assignment, the Plaintiff" Where is the "way of assignment"? They also have random dates, very ambiguous, for example" the last payment being made on or about 4/4/11" what does "on or about" mean?
  3. @Happybluesky What would be the advantage of filing a motion to dismiss 3 days before the deadline? I have a Motion to dismiss template which has a section for " MEMORANDUM OF POINTS AND AUTHORITIES " Can I use this as one of my points? "Plaintiff’s Complaint fails to allege a valid assignment and there are no averments as to the nature of the purported assignment or evidence of valuable consideration. If the motion to dismiss is denied, do I get to start back from square one? Let's say I file motion to dismiss 3 days before the deadline, it gets denied and I have not provided and answer. Where does that leave me? I am 95% sure that the debt buyer can not provide the sufficient proof needed to show that they are the owners of the debt. I would like to show this early on.
  4. @BV80 I see your point. This is what I read on a sworn denial which lead me to believe that it was worth filing: "The sworn denial is a powerful tool. It eliminates the Sworn Affidavit of Account. The vast majority of collection suits proceed without a witness for the creditor The collection attorney enters an affidavit signed by the creditor that the debtor owes the debt and that is this amount. With that affidavit in hand, the court gives the creditor a judgment. When a sworn denial is filed, the debt collection attorney can not rely upon a sworn affidavit of account, but must instead produce a live witness to testify about the debt. The requirement of a live witness changes the dynamic of the collection action considerably. The likelihood that the action will go no further now increases again. "
  5. @Happybluesky Sorry for being late on the reply. I see you gave me the essential elements for standing. This is very unfamiliar territory for me but I am trying my best to keep everything straight. So Here is what I have for my affirmative defenses attacking standing. Note: I am not 100% sure that my 6th and 7th defense effectively attacks standing.....However, I just saw the last posting on this thread while I was typing this and I want to address this below. AFFIRMATIVE DEFENSES As a First Defense 27. Plaintiff lacks standing to assert the claims in their Complaint. As a Second Defense 28. Plaintiff's complaint fails to allege whether or not the purported assignment was partial or complete and there is no evidence that the purported assignment was bona fide. As a Third Defense 29. Plaintiff’s Complaint fails to allege a valid assignment and there are no averments as to the nature of the purported assignment or evidence of valuable consideration. As a Fourth Defense 30. Plaintiff's Complaint fails to allege that the Assignor even has knowledge of this action or that the Assignor has conveyed all rights and control to the Plaintiff. The record does not disclose this information and it cannot be assumed without creating an unfair prejudice against the Defendant. As a Fifth Defense 31. The Plaintiff is not an Assignee for the purported agreement and no evidence appears in the record to support any related assumptions. As a Sixth Defense 32. Defendant claims Accord and Satisfaction as Defendant alleges that the original creditor accepted payment from a third party for the alleged debt, or a portion of the alleged debt, or that the original creditor received other compensation in the form of monies and/or credits. As a Seventh Defense 33. Defendant alleges that the granting of the Plaintiff's demand in the Complaint would result in Unjust Enrichment, as the Plaintiff would receive more money than plaintiff is entitled to receive. * From what I gather, the ideal option is that I respond, pre-answer, with a motion to dismiss? In the motion to dismiss I would state my affirmative defenses? Is the motion to dismiss in lieu of an answer with affirmative defenses? I was also planning on filing a sworn denial ( from what I have read, it is a powerful tool as well) with the motion to dismiss and or answer. Do you agree? I really appreciate all of your help. This is unfamiliar territory to me so please bear with my lack of knowlege
  6. @Happybluesky@CCRP626Thanks again for the great info. I will go a different route and drop the notion of the Plaintiff lacking standing to sue. I will consult and attorney before I file anything. This morning I came across a blog that talked about the benefits of a sworn denial. http://debtcollectionlawyer.blogspot.com/2006/08/how-to-not-pay-your-debt-or-beat_03.html What do you think about, filing a sworn denial with my answer, along with discovery?
  7. Hello Everyone, I am preparing my answer to CACH LLC and would appreciate some input. I will line out my plan and please let me know if Im making any critical mistakes. Also I am going with the stance that I have never done business with CACH LLC. I have never borrowed money from them, I have never had any services rendered etc. They have yet to provide any clear cut information to me that links them as assigned to the account. Again the causes of action that they are alleging goes as follows: 1. Breach of Contract 2. Account Stated 3. Unjust Enrichment My plan is to deny all causes of action and allegations by stating. “"Defendant is without information or knowledge sufficient to form an opinion as to the truth or accuracy of Plaintiff's claim, and based on that denies generally and specifically Plaintiff's claim." - The information I needed was requested by me to CACH LLC via Debt validation letter sent in Jan of 2015. I sent it certified mail. I did not get a reply from CACH LLC. Next, I want to show the court that the plaintiff does not have the legal capacity to sue. I will not mention this in the answer (unless it is wise) but I will begin discovery to see if the Plaintiff has, in writing: 1. Written proof that CACH LLC is assigned to the alleged account. I need a clear link of the alleged account changing hands from Original Creditor to CACH LLC. 2. Written proof of the alleged contract. Credit card application 3. Itemized account statements showing the validity and accuracy of the alleged account (how are they getting this alleged amount?) “ 697.045 Status of accounts and claims assigned to agency; rights of assignor; appearance in small claims or justice court; registration as condition of access to courts. (1) A registered collection agency has a property right in any claim or account assigned to the agency in writing for collection. Except as may be otherwise provided in writing between the assignor of the claim or account and the registered collection agency, the registered collection agency as assignee of the claim or account, in its own name, may: (a) Collect the claim or account;” More Questions Should I motion to dismiss? I would much rather respond with a motion to dismiss based on the fact that Plaintiff has not shown they are the assignees of the original creditor. Is it a must that I include affirmative defenses with my answer? If they fail to provide these items during discovery, how do I prevent them from using it as evidence if we went to trial? Thank you again for the help
  8. Thank you for your input everyone. @CCRP626 - The letter that was provided contained all the required elements of the FDCP. It stated who the original creditor was, the amount owed, account # etc. This letter came from ABC Law group not CACH LLC. even though the validation letter from me was sent to CACH LLC. @Happybluesky - I will avoid responding via answer and will use discovery instead. @BV80 - If the two COA's "Breach of contract" & "Unjust enrichment" cancel each other out, should my defense be just that? *As far as a contract is concerned with the credit account, I do not have access to the contract, the card member agreement, etc. The credit card was issued through West Coast Bank. They would have the application/card member agreement/ statements etc. The only problem is that West Coast Bank no longer exists. By tracking the alleged account via my credit report. I have found many errors when comparing Trans union, Equifax, & Experian. Dates do not match, amounts do not match, the last payment received dates do not match the last payment date they stated in the complaint. At the end of the day I need CACH LLC to send me some proof of their allegations. Thank You
  9. Hello everyone. Less than a week ago was served with summons and a complaint from CACH LLC. I have researched on how to fight this and have found a lot of good info from this forum. I have yet to answer this lawsuit. I am looking for any ideas or opinions on the best way to go about fighting this. If you have any info (links, forms, examples, defenses) that I can use, I would appreciate it greatly. Thank again. I can’t wait to get a conversation started and get this ball rolling. 1.Who is the named plaintiff in the suit? CACH LLC 2. What is the name of the law firm handling the suit? They might be watching 3. How much are you being sued for? $7000-$8000 4. Who is the original creditor? ELAN 5. How do you know you are being sued? I was served 6. How were you served? In person 7. Was the service legal as required by your state? Yes 8. What was your correspondence (if any) with the people suing you before you think you were being sued? Debt Validation Letter 9. What state and county do you live in? Oregon/ Multhnomah 10. When is the last time you paid on this account? March 2011 11. What is the SOL on the debt? 6 years 12. What is the status of your case? Suit served? Motions filed? Summons Served. Complaint Filed 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) Yes 14. Did you request debt validation before the suit was filed? Yes. I sent a debt validation letter (certified mail) to CACH LLC on 1/30/15. They received it but they did not respond, however I did receive a letter two months later from the law firm that is currently filing the suit against me. This letter did not contain the information that I specifically asked for in my debt validation letter to CACH LLC. 15. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit? 30 Days to respond. (Served on 3/23/16) 1. Breach of Contract 2. Account Stated 3. Unjust Enrichment (What would be a good defense for this?) 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. No Evidence