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1stGenRex

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  1. JUST in time, I'd say. Damn. Ok well I'll have my wife file the response, then I'll see if I can negotiate with them.
  2. Ok so I have pulled all 3 credit reports, and 2 of them state the last payment was made in OCT 2009. One of those two specifies OCT 9, 2009. But one thing that is odd, is that in the account address, there's a Texas address. Does this mean that the 4 year SOL from Texas applies? Or is it still the 3 year SOL from Delaware?
  3. And I've learned A TON from this place in just the past 24 hours of reading. Unfortunately though, I cannot apply 99-100% of it, because of our situation being what it is.
  4. Viewing her CR on Privacy Guard, I can only see the 24 month payment history, in which, Equifax lists OK as the all the way back to July of 2010 Experian lists No Data until July 2012, and lists it as OK TU lists nothing at all in the payment history. I've asked her to see if she can find any info on when the last payment was made.
  5. I've found the letter to reply to that citation though Their FIRST cause of action is Breach of Contract. I really do need more help with the second part of my strategy though. How do I initiate negotiations to a) Cease further litigation on this matter, and prevent future litigation Settle the account c) have them remove their share of negative credit items ? Again, we're not really in a position to be able to fight this. So, if my approach to this is going to lead down that road, I'd rather not do that.
  6. The "Facts common to all causes of action" statement includes a date of August 28 of this year. I very highly doubt that this is even correct, because that would be less than a 60 day late payment (this was filed Oct. 19)....Not something worth suing over just yet. So, would including an affirmative defense statement that is based on SOL be invalid, because of this date? By claiming an SOL AD, wouldn't we somehow be acknowledging when "payments stopped"? That is to say, that we were making payments on this account, therefore, it is ours? Am I reading too much into this? Also as an interesting tidbit, they include a bit about us making payments within the last four years, and state that the the OC is B of A. And that they (Mandarich) are the assignee of the OC. I have no idea where this 28 Aug. date comes from, but I imagine that they do not either.
  7. This may put us out of SOL, but it also may not. It'll definitely be something to look into.
  8. We have a JAG here, but I'm no longer with the military. I'm here as a civilian contractor. Although I may stop in and see what they tell me anyway (what's the worse they can do, tell me to kick rocks? There's plenty here!)
  9. 1. Who is the named plaintiff in the suit? CACH, LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Mandarich Law Group, LLP 3. How much are you being sued for? Less than $3500 4. Who is the original creditor? (if not the Plaintiff) B of A 5. How do you know you are being sued? (You were served, right?) Served. 6. How were you served? (Mail, In person, Notice on door) In Person 7. Was the service legal as required by your state? I believe so 8. What was your correspondence (if any) with the people suing you before you think you were being sued? The stupid letter above. Sent as a response to their "if you don't respond within 30 days, it's assumed the debt is valid" type letter. 9. What state and county do you live in? California, San Bernardino County. 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Not sure, but I'm almost positive we are within SOL. 11. What is the SOL on the debt? 4 years 12. What is the status of your case? Suit served? Motions filed? CASE ASSIGNED FOR ALL PURPOSES TO DEPARTMENT S37 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No. 14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late. YES (if the letter above counts for anything) 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 from 10/23/2012 No questionnaire 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Pg 1 Summons Pg 2-3 Facts common to all causes of action Pg 4-5 First Cause of Action (Breach of Contract) Second cause of action (Account Stated) Pg 6-7 Letters starting with "I am an attorney licensed to practice.... Pg 8 Certificate of Assignment Pg 9 Certificate of Service That's it. So, my situation is such that I REALLY don't have the time, or the ability to fight this. I'd like to settle this, and have them remove their share of negative credit remarks. Would sending a general letter of denial, and a BOP work in my favor, when, say, they can't produce sufficient paperwork? I would then speak to them and use the lack of evidence as leverage to try to settle with them, on the terms listed above. I've asked in another thread, and I was repeatedly assured that I can fight this, and win. The problem is, I am out of the country, and my wife (who is the one named in the summons) just doesn't have the ability to go to court over this. She is very busy with school and internships. If this is not a good strategy, could someone advise what a better course of action would be? In the reading I've done, I realized that we're going to have to submit an "answer" regardless, or default (which we would rather not do).
  10. 1. Who is the named plaintiff in the suit? CACH, LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Mandarich Law Group, LLP 3. How much are you being sued for? Less than $3500 4. Who is the original creditor? (if not the Plaintiff) B of A 5. How do you know you are being sued? (You were served, right?) Served. 6. How were you served? (Mail, In person, Notice on door) In Person 7. Was the service legal as required by your state? I believe so 8. What was your correspondence (if any) with the people suing you before you think you were being sued? The stupid letter above. Sent as a response to their "if you don't respond within 30 days, it's assumed the debt is valid" type letter. 9. What state and county do you live in? California, San Bernardino County. 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Not sure, but I'm almost positive we are within SOL. 11. What is the SOL on the debt? 4 years 12. What is the status of your case? Suit served? Motions filed? CASE ASSIGNED FOR ALL PURPOSES TO DEPARTMENT S37 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No. 14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late. YES (if the letter above counts for anything) 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 from 10/23/2012 No questionnaire 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Pg 1 Summons Pg 2-3 Facts common to all causes of action Pg 4-5 First Cause of Action (Breach of Contract) Second cause of action (Account Stated) Pg 6-7 Letters starting with "I am an attorney licensed to practice.... Pg 8 Certificate of Assignment Pg 9 Certificate of Service That's it.
  11. CRAP! Like I said, I wish I would have found this place MONTHS ago! We're trying to clean up some credit items on her report. If it means we have to settle, or pay what they're asking, we're more than willing to go that route, BUT since I've NOW found this place, I want to find a way to make these payments and not open ourselves up for further headaches. We're not really in a position to fight the good fight on this one. As I mentioned, I'm in Afghanistan, and she's incredibly busy with school, and internships.
  12. We would very much prefer NOT to take the default. I think at this point, we would be fine with settling, and requesting that they delete the negative credit remarks on her report, but I don't know where to even begin in negotiating this, in a way to where they won't screw us over. This is the letter we sent them previously Date Name Address City, State Zip Collection Agency Collection Agency Address City, State Zip Re: Acct # XXXX-XXXX-XXXX-XXXX To Whom It May Concern: I am sending this letter to you in response to a notice I received from you on (date of letter). Be advised, this is not a refusal to pay, but a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 ( that your claim is disputed and validation is requested. This is NOT a request for “verification” or proof of my mailing address, but a request for VALIDATION made pursuant to the above named Title and Section. I respectfully request that your office provide me with competent evidence that I have any legal obligation to pay you. Please provide me with the following: • What the money you say I owe is for; • Explain and show me how you calculated what you say I owe; • Provide me with copies of any papers that show I agreed to pay what you say I owe; • Provide a verification or copy of any judgment if applicable; • Identify the original creditor; • Prove the Statute of Limitations has not expired on this account; • Show me that you are licensed to collect in my state; and • Provide me with your license numbers and Registered Agent. If your offices have reported invalidated information to any of the three major Credit Bureau’s (Equifax, Experian or TransUnion), said action might constitute fraud under both Federal and State Laws. Due to this fact, if any negative mark is found on any of my credit reports by your company or the company that you represent I will not hesitate in bringing legal action against you for the following: • Violation of the Fair Credit Reporting Act • Violation of the Fair Debt Collection Practices Act • Defamation of Character If your offices are able to provide the proper documentation as requested, I will require at least 30 days to investigate this information and during such time all collection activity must cease and desist. Also during this validation period, if any action is taken which could be considered detrimental to any of my credit reports, I will consult with my legal counsel. This includes any information to a credit reporting repository that could be inaccurate or invalidated or verifying an account as accurate when in fact there is no provided proof that it is. If your offices fail to respond to this validation request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from my credit file and a copy of such deletion request shall be sent to me immediately. I would also like to request, in writing, that no telephone contact be made by your offices to my home or to my place of employment. If your offices attempt telephone communication with me, including but not limited to computer generated calls or correspondence sent to any third parties, it will be considered harassment and I will have no choice but to file suit. All future communications with me MUST be done in writing and sent to the address noted in this letter. This is an attempt to correct your records, any information obtained shall be used for that purpose. Best Regards, Signature Name I had her send this via Certified Mail. Could the fact that we sent this, previous to being be of any advantage to us?
  13. My wife just got served papers, and she wanted to settle up with them. I informed her that we should look into doing this SAFELY and we might have to contact a lawyer. And then I found this post...wow. I'm glad things (sort of) worked out for you in the end, but this is just more validation to my point that we have to tread cautiously when dealing with these guys....jeez.
  14. I know this is a dumb question, but, how much of a process am I looking at here? As in, how long does something like this take a lawyer to fight? Sorry, I'm trying to read as much as I can about this, but I find that the huge amounts of information here is somewhat overwhelming. Which is not a terrible thing, but I wish I would have started reading up on this MONTHS ago!
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