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Shalea

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  1. Hello again, thought I'd post a quick update. When we got home Friday afternoon, there was a message on our answering machine from Mandarich Law Group letting us know that we should be receiving some paperwork from the courts letting us know that our case has been DISMISSED. They said they'd made a mistake on their part and apologized for the inconvenience. Well, we'll see. I'm guessing they didn't have all the documentation requested and figured they'd already gotten 5K from us and the hassle wouldn't be worth it. Who knows, but I'm very thankful for the tons of helpful advice here! I'm sure my husband has a case of violations that he could file, but at this point, he says he just wants to move on and leave them behind. He feels that he owed the money regardless and he can have a clear conscious that he's repaid his debt. Personally, I'm a little more bloodthirsty when it comes to people trying to scam and screw us over. Ah well! Again, thank you all! I plan to keep coming back here to learn more, though. I'm just amazed at the ton of things I didn't know about the law and debt. We're going to have to work on repairing ours since the job loss, etc. but we're slowly catching up. There is a light at the end of the tunnel.
  2. Thanks for the answers and encouragement on this. The date on the summons is after the phone conversation and payment, I believe, by a couple days. On the summons, it says "filed by fax" so I'm thinking that it was received and filed the same day possibly. Still makes it after the payment and conversation.
  3. My husband filed his answer at the Courthouse yesterday morning and got the additional two copies stamped. They didn't tell him anything about a default claim being filed, so I'm assuming JDB hadn't yet done that. I'm hoping that since they've already gotten the $5k from us, that they will decide the effort to collect the supposed rest may not be worth it when they receive the BOP and request for production of documents, etc. Guess we'll see on that end. Next, should hubby send out the POS with the BOP and request for production of documents, along with one of the stamped copies of the answer? Could he send all three at the same time? Do any of those others need to be filed with the Court? The NACA lawyers, I see the organization is non-profit. Do these guys work pro-bono or would we need a retainer fee for them too? My husband is off work on Mon & Tues., so he will be reading through things here at the forum and contacting a lawyer at NACA. I tell you, reading over the forums here...this place is like my new best friend. Lol So much information, I swear my head is still spinning. Thanks to everyone who's taken the time to help!
  4. Yes, so far I've done the work. My husband works third shift, so I spent that time on here and getting the paperwork done. I groggily tried explaining to him what was what (only slept 2 hours so far), and could tell that he was feeling overwhelmed and a bit confused. So, I told him about the General Denial and to file it at the Courthouse. Later, after we've both had sleep, I'll explain the rest to him the best I can and then refer him to this thread and the others I have bookmarked so he can read up and get active on it himself, as well. Also, Antiquedave, I hadn't thought about the fraud part the way you've worded it. If they filed the paperwork supposedly before the payment came out, do they have to re-submit a corrected summons or something? I mean, the summons says he owes $8k (rounded up), which is the supposed amount before the $5k was paid. We have never received verification or any proof that they've even applied the $5k to that original amount. But we sure as heck know they've taken the money, as does the bank I am sure. Thanks for the advice Willingtocope. I'll point my husband to the site (bookmarked) after he reads through this thread. He's meticulous about notes and keeping original papers, so the time periods he'd know more about than I currently do. Right now he's at the courthouse, so I'm hoping he gets that answer filed ok. If the courts have received a default claim by CACH, would they tell him then? When I checked the status of the case online, it only said "pending" after it listed the dates and what was filed. Nothing about a default claim there. Ok, I'm probably rambling and not making much sense now due to lack of sleep. I just can't thank everyone enough for the advice and help given. As I spent more time on here, I started to feel a bit more hopeful. Oh, one last thing. An observation on my part regarding the summons. First of all, I looked for a verification (VOD?) as Calawyer had pointed out in another thread. It is definitely not there. But, what I did notice and maybe I'm being overly optimistic is that there is wording within the summons that says "Plaintiff believes that, for value received, Defendants, and each of them, executed and delivered a credit card application to WASHINGTON MUTUAL BANK (Plaintiff's assignor) or made such application for credit over the telephone or Internet..." First of all, I believe the creditor was Providian (later bought by WAMU). Does that matter in regards to actual application that was signed? Secondly, would they use the term "Plaintiff believes..." in the summons if they had documented proof? And not have a VOD?
  5. Well, I've been up all night reading through the forums and found a ton of useful advice. I've gotten the answer (General Denial) ready to go up to the Courthouse when it opens in a few hours, the POS, Demand for Bill of Particulars, and the First Request for Production of Documents completed as well. The more I thought of it, the more I decided against seeing if my husband could file a fraud claim with our bank. For one, he would be very uncomfortable with it. So, I may go ahead and look into the counter claim and also the NACA. The closest lawyer to us is 2.5 hours away, however, so I don't know how that would work out on their end. We could travel, but would they want to travel here? I'll see if my husband wants to try that route, too. We do have phone records as well as a bank copy of the withdrawal. My husband also wrote notes at the time. Maybe that will help. All I know is that I'm going to keep after him to stick with this and by helping him as much as I can. I'm just really irritated at these people and don't want them to get another red cent from us.
  6. My husband is way too trusting. He's a good man and believes most people are too and when threatened by these guys, who said they were attorneys, I guess he went into panic mode and did as they "suggested." I generally let him handle his own bills/debts because they won't talk to me. I feel like kicking myself for not following up on this sooner, but I was sick and in the hospital around the time and well, just didn't follow up. I feel responsible, too, because I was making more than him and lost my job, so he's been struggling to make things right and not worry me. Anyways, lessons are being learned! And yes, we are suckers. Lol The money was taken out on June 4th, which is definitely longer than 60 days ago. Do you think it would still be a good idea to try saying Fraud to our bank now? I do know that we will definitely be closing that account. We've always been good on paying bills and having good credit, but this last year has been horrible, so we've never had any experience in dealing with companies like this. I hope that we never do after this, but I've got this site bookmarked and have been reading like crazy. So much information here! Thank you for your suggestions!
  7. Quite alright, no need to apologize. You've definitely helped! I will scour around some more and see if there's an answer buried somewhere here in the forums. I'm sure there probably is. I'm also at the Superior Court site looking through their forms. Again, thank you! Edit to add: Found the forms!
  8. Thanks, I appreciate you answering. I was afraid this would be the case. I'd also thought to go ahead and file a response because we haven't received a notice of their filing a default against us (would we?) and when I looked at the case online, it said "pending." So, I'm hopeful they haven't filed a default yet. I thought I'd read somewhere that they have 10 days after our 30 day response time is up to file? I was at the site looking over the forms to file a response and am not sure what it would be called, would you happen to know? And would he then take this to the court house to be filed in civil clerk's office? I'll have to check how long it's been since the money was paid, but I'm fairly certain it's been longer than 60 days or pretty close to it. :/ I wish I'd learned your sugar-coating skills because when I found out that my husband didn't have settlement paperwork and it was paid anyways, and that he hadn't filed the response, I was pretty upset. Because this debt is in his name, I can't handle any of it. They wouldn't even talk to me about it.
  9. Hello all, I'm hoping someone can help me. My head is pounding right now and I'm at my wit's end on what to do. A few months ago, my husband got a call from Mandarich Law Firm/CACH regarding a Washington Mutual-Providian credit card debt. It was for nearly $8000. During the conversation with the person (Amanda), she offered to let us settle the debt for $5000. We didn't have the money together right then, so she said we could pre-authorize the bank transfer for a specific date within the month. In the meantime, she'd send the paperwork out to us. Well, the date came and they withdrew the $5k. After about three weeks, my husband was served a summons to civil court for the whole $8k. He immediately called and talked to Amanda, who told him that the court papers had already been filed before they received their money, but to not worry, she would look into it and call us back. She never called. My husband is rather trusting and he attempted to call her again and was told she'd call back. Again, no call. Well, I thought it was taken care of. I was going through some paperwork earlier and came across the summons and was reading it where it said my husband needed to file a response within 30 days of the summons (now passed). So, I asked him about it, if he'd ever filed a response or heard back from that lady at Mandarich and he said no to both. I went online to our Superior Court site and checked and sure enough, my husband's case is listed as still pending. What do we do? The time to file a response is way past now by a month. Plus, if we paid the settlement offer and they withdrew the money from our account, how can they still sue us? Is that legal? What can we do at this point? We just do not have the rest of the money...I was in the hospital and am now unemployed so we are now living on half of what we used to. I'm at my wit's end. My husband is trusting and believed he'd settled the account as they had offered and now...ugh. What do we do? Thank you for reading this much and hope someone can help us!
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