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Found 49 results

  1. I am pretty sure i am too late but i would like some advise on what to object against in my non-binding arbitration case coming up in a day. Cach LLC bought a BoA cc debt. The initial complaint showed an affidavit that they bought the account from BoA, the account number also happened to change, there was only a screen shot from what appears to be an account balance page, with my name and the new account number. There is no purchase agreement between BoA and Cach LLC showing the new account number. They just wrote in the complaint that the account number changed. I answered the complaints, followed the request for admissions and interrogatories examples i saw on this site. I received an arbitration memo from cach llc lawyers stating that i didn't dispute the facts that i merely stated that they needed to prove their case. At this point it looks like i am going to lose but I am looking for advise on general proceedings. I intend to object on the grounds that cach llc is collecting on two different accounts, providing a screenshot with my name and a different account number does not prove that both accounts are connected. Any advice will be appreciated.
  2. 1. Who is the named plaintiff in the suit? Me 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Neuheisel 3. How much are you being sued for? 4. Who is the original creditor? (if not the Plaintiff) MBNA 5. How do you know you are being sued? (You were served, right?) I looked it up online 6. How were you served? (Mail, In person, Notice on door) Not served yet 7. Was the service legal as required by your state? 8. What was your correspondence (if any) with the people suing you before you think you were being sued? They have called and left messages but I have never spoken with them. 9. What state and county do you live in? AZ Maricopa 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 4/11 slightly more than three years ago. 11. What is the SOL on the debt? To find out: 6 years by AZ state law but looking to change to 3 on DE law. 12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). Answer and discovery sent. 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. No 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? 20 days from date of service 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. An affidavit is all they sent plus a later statement. Trying to find out if anyone in AZ has had success with an attorney. I cannot find any recent cases from Cach as there are so many that only cases from 2010 are searchable.
  3. Hi, I have requested a BOP from Cach, LLC once with my response and they stated BOP is not applicable so I sent a second request with note that defendant, myself, will move to court for an order requiring a further response or, in the alternative, an order precluding plaintiff from offering any such evidence at trial. They responded: In light of the foregoing, please be advised that we will not provide further responses to your request; however, Plaintiff will provide all available documentation in response to the discovery propounded pursuant to the Civil Discovery Act. Three questions: #1 Since the cause of action is "Breach of Contract" and "Account Stated" should I file for a MTC BOP? #2 I received their Discovery executed on May 3rd 2013 but have not answered yet or sent my own Discovery to them. What would you suggest my next move be? #3 I was recently diagnosed with a very rare disease Idiopathic Intracranial Hypertension (pressure in brain with unknown cause or cure) causing me much pain, seizures and vision problems. Might be needing a surgery and all of this is just to much to handle at once. Do I have any rights to put this lawsuit on hold pending my health crisis? Much help needed to keep the fight in me against CACH, LLC. Thanks!
  4. Sued by the usual court-clogging suspects (CACH and Mandarich) for small change here in Orange County. In their Complaint, plaintiff alleged Breach of Contract and Common Counts on an HBSC credit card account. Huh, what? Luckily for me, I soon found this (fantastic) board, full of (many) wonderful people, and, after much reading, determined how to respond. Filed a General Denial with the court as my Answer, and served a Demand for Bill of Particulars on plaintiff's attorney's. Mandarich responded with their boilerplate initial "we don't have to furnish BOP per Distefano v. Hall" letter. Mandarich followed up with boilerplate Discovery request set 1, also a Mandarich boilerplate Case Management Conference statement. Went to the CMC where opposing counsel did nothing but ask for a trial date eight months (!) out. Judge set the trial date, and that was it for the CMC. Just before the 30-day deadline, I responded to plaintiff's Discovery requests with answers provided by and vetted by the fine people on this board. At the same time, I served my M&C letter / 2nd Demand for Bill of Particulars on plaintiff's attorneys. In response to my 2nd demand, Mandarich lawyer mailed a more elaborate version of their "we don't have to provide BOP" letter. Again they cited Distefano while also making reference to Ahlbin v. Crescent Coml. Corp; Auzerais v. Naglee; Kelly v. Hinkhouse (this one is from WA state); and Burton v. Santa Barbara Nat'l Bank. Along with this letter, "as a show of good faith", Mandarich also included CACH's famously few scraps of suspect documentation alleged to be "proof" both of plaintiff's standing and the alleged debt. Most humorously, the first paragraph of CACH's 1-page "Assignment and Bill of Sale" document (dated May 14, 2012) reads: "Reference is made to that certain Purchase and Sale Agreement as of March 28th, 2012 ("Agreement") for the sale of Accounts and Account Documents described therein to CACH, LLC, (hereinafter called "Purchaser"), upon the terms and conditions set forth in that Agreement." A real thigh-slapper, that one! Foot freshly bleeding from their own shot, CACH bravely soldiers on, admitting "Whereas, HSBC Bank Nevada, N.A....(collectively, HSBC") sold the Accounts described in Schedule 1 attached hereto to Capital One Bank (USA), National Association ("Seller") in connection with the transactions contemplated under that certain Purchase and Assumption Agreement among HSBC Finance Corporation...and Capital One Financial Corporation dated August 10, 2011 as amended from time to time." Yuk, yuk! Not to be stopped, and clearly on a roll, CACH builds to their big finish, disclosing that: "Purchaser (CACH) acknowledges and agrees that (i) Seller (Capital One Bank) did not originate any of the Accounts and, prior to May 1, 2012, did not service any of the Accounts, and (ii) seller's internal policies and procedures for servicing accounts including, but not limited to, charge-off, credit bureau reporting, fraud, and billing disputes policies may be different that the charge-off policies and procedures of HSBC." Further: "This assignment and Bill of Sale may be executed in two or more counterparts, each of which shall be deemed an original, but all of which shall constitute but one instrument." Thank you very much, you've been great! Try the beef stroganoff - its terrific. We'll be here all week folks! At this point I just want to send plaintiff a letter stating: Dear CACH, 1. Me counsel: good 2. You counsel: no good 3. Target v. Rocha 4. FACE!!!!!!!!!!!!!!!!!!!!! But I suppose I should send them some discovery...
  5. This is a good read. www.nclc.org/images/pdf/unreported/cach-v-jones11april2012.pdf‎ In this case, the Defendant happened to be represented. But the arguments are the same ones made here. Unbiased, clear-thinking Judge in this case. I like it.
  6. Who is the named plaintiff in the suit? katbrad5 2. What is the name of the law firm handling the suit? CACH 3. How much are you being sued for? 3k 4. Who is the original creditor? Wells Fargo Credit card - alledged joint account. I didnt know about account till divorce, my atty said not to worry he was taking responsibility in divorce 2007. I owed him marital home equity and it was aggreed to put those equity payment on the Wells Fargo on his behalf. Ex husband filed bankruptcy 3/20/12, Wells fargo on 3/23/13 took his name off the account in good standing and sold the debt to CACH. 5. How do you know you are being sued? (You were served, right?) yes, have been to pre trial, trial date 4/10 Small Claims Court 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? none, only phone calls which I denied that it was my account 9. What state and county do you live in? Brevard County, Florida 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) they on March 25 2012 11. What is the SOL on the debt? 4 or 5 yrs depending o account type 12. What is the status of your case? I go to trial in 2 days Thursday 4/10 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) Yes, they replied back with a copy of a wells fargo credit card statement, the same that was filed in the original case 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. they submitted 2 exhibits A the purchase agreement from wells fargo including 485 accounts,B 2 wells fargo statements. My request to produce asked for the original contract with my signature from my predesessor (wells fargo) and min of 3 reciepts showing my signature. In my response to Interogotories, I denied owning the debt, as I have NO memory of EVER signing the debt. I am suspect my ex husband added me. They JUST yesterday Objected to my request to produce siting overly broad, unduley burdensome, vague ect. bull crap in my opnion. My only defense is that I never recieved enrichments, never opened or signed for the card. They have NO original paper work, as I even called Wells Fargo and asked for it and they dont have it. they have a witness, but I dont know who from Colorado (CACH headquarters) I suspect some worker who will atest to my account. Any advise or help at this late date is helpful. I feel 90% confident that they cant prove that I originally owned this account, but not sure what the judge will do. thanks for reading this far. This is an amazing website and forum.
  7. Just got off the phone with the scheduling clerk at the courthouse. I have a date for my Motion to Compel to be heard. What's interesting is that the attys for CACH opened the case--hours before I got to the courthouse to file my motion--but have filed no paperwork, nor have they requested any hearing, etc. The clerk was a little confused. Why would I want to schedule a hearing? It was gratifying, though, to have her say, at the end, "Sounds like you have it under control." Yeah. Because of good people who are willing to share their experience and knowledge! The other good news? I can send my Proposed Order to the judge by email, instead of slogging into downtown in this brutal weather that won't go away. YAY for that! I do have a question for anyone who is familiar with this particular wrinkle. I was sent discovery and rogs, a little over two weeks ago. I plan to send my answers to the rogs in order to avoid the "you didn't deny it, so you admit it" conundrum. But I would much prefer not to get into Discovery, as it could trigger the argument that I've gone too far in the judicial process to now go to JAMS. In addition to what I did when I sent the Motion to Compel to the other party, which was to argue that Discovery is best left for the determination of the JAMS arbitrator, does anyone have any suggestions?
  8. Any information is highly appreciated. I will be representing myself because there is no lawyer available to take my case. If anybody experienced the appeals process, please chime in and help me get a step-by-step process that i will follow. Thank you guys! @HomelssInCalifornia, @calawyer and @Seadragon have been very generous of their time, resources and expertise in helping me. I appreciate you guys!
  9. Long article, and its from 2012 I know, but still worth reading. American Banker article - Bank of America Sold Card Debts to Collectors Despite Faulty Records by JEFF HORWITZMAR 29, 2012 6:31pm ET Bank of America has sold collections agencies rights to sue over credit card debts that it has privately noted were potentially inaccurate or already repaid. In a series of 2009 and 2010 transactions, Bank of America sold credit card receivables to an outfit called CACH LLC, based in Denver. Co. Each month CACH bought debts with a face value of as much as $65 million for 1.8 cents on the dollar. At least a portion of the debts were legacy accounts acquired from MBNA, which Bank of America purchased in 2006. The pricing reflected the accounts' questionable quality, but what is notable is that the bank could get anything at all for them. B of A was not making "any representations, warranties, promises, covenants, agreements, or guaranties of any kind or character whatsoever" about the accuracy or completeness of the debts' records, according to a 2010 credit card sales agreement submitted to a California state court in a civil suit involving debt that B of A had sold to CACH. In the "as is" documents Bank of America has drawn up for such sales, it warned that it would initially provide no records to support the amounts it said are owed and might be unable to produce them. It also stated that some of the claims it sold might already have been extinguished in bankruptcy court. B of A has additionally cautioned that it might be selling loans whose balances are "approximate" or that consumers have already paid back in full. Maryland resident Karen Stevens was the victim of one such sale, which resulted in a three-year legal battle (see related story). Bank of America declined requests to comment for this story, other than to say through spokeswoman Betty Riess that it works with credit card customers to try to resolve delinquent debt issues. CACH did not respond to several phone and email messages seeking comment on the terms of its purchases. Some industry observers said that the language in Bank of America's sales documents should be regarded as standard legalese intended to protect it against a disgruntled buyer's legal claims. And even though Bank of America refused to stand behind the accuracy of the records it sold, debt buyers are the ones who make the call to sue. "The buyer has the primary responsibility to test the … quality of what they're buying," says Samuel Golden, a former OCC ombudsman who is a managing director at consulting firm Alvarez & Marsal in Houston, Texas. Collectors' responsibilities aside, other banks' sales agreements suggest Bank of America's standards are emblematic of wider industry practice that raises risk management concerns. For less than $1.2 million a month — a rounding error on B of A's income statement — the company sold CACH accounts that raise regulatory and reputational questions about the accuracy of its records and its disclosures to courts. Industry Practice As the originators of credit card loans, banks are at the headwaters of the rivers of bad debt that flow into the collections industry. Over the last two years, Bank of America has charged off $20 billion in delinquent card debt. The bank settles or collects a portion of that itself and retires other accounts when borrowers go bankrupt or die. An undisclosed portion of the delinquent debt gets passed along to collectors. Once sold, rights to such accounts are often resold within the industry multiple times over several years. Bank of America's caution that its card records may be incomplete or inaccurate suggests that documentation and accuracy problems may originate at the debt's source. Other banks' debt sale contracts acknowledge potentially large holes in their records as well. One such example involves a 2009 U.S. Bancorp forward flow agreement, which outlines plans to sell a certain volume of delinquent accounts in the future. U.S. Bancorp's agreement states that it may have failed to credit borrowers for some payments and only guarantees the accuracy of account balances within a 10% margin of error. Teri Charest, a spokeswoman for the bank, noted that the contract had expired and said that, regardless of such past contractual language, the bank scrubs its card data and that the claims it sells are accurate. JPMorgan Chase, meanwhile, drafted an agreement to sell $200 million of credit card debt to Palisades Collection in 2008, even though records proving the debt might be unavailable for close to half the claims. "Seller represents and warrants that documentation is available for no less than 50% of the Charged-off Accounts," JPMorgan Chase's sales agreement stated. The bank declined to comment. Palisades' chief counsel Seth Berman says the company has not bought Chase card debt in several years, but that its standards were always high. The U.S. Office of the Comptroller of the Currency is already investigating JPMorgan Chase's handling of credit card debt records, as reported by American Banker earlier this month. A group of current and former employees described at the time how the bank had sold card accounts previously deemed "toxic waste" and which suffered from errors in the amounts being claimed. CACHing In At Bank of America, records declared unreliable yet sold to CACH were used to file thousands of lawsuits against consumers, according to a review of hundreds of cases in the state courts where collection suits are typically filed. The overwhelming majority of cases end in default judgments, which are awarded to creditors when borrowers don't show up to contest the claims made against them. In cases where debtors do challenge collections demands in court, the original bank-creditor must testify about the documentation supporting the claims. In several such instances, people identified as Bank of America employees have submitted affidavits attesting to the validity of debts sold by the bank to collections firms. Even though Bank of America previously disavowed "the accuracy of the sums shown as the current balance," the sworn statements vouch for the borrowers' debts down to the penny and declare that the bank's "computerized and hard copy records" back the claims. There are other possible discrepancies, as well: the affidavits state that B of A "has no further interest in this account for any purpose," while the sales contracts reference a "revenue sharing plan." The prospect that B of A was selling unreliable credit card debts did not deter CACH from buying them. A subsidiary of SquareTwo Financial, CACH does not collect debts itself. Instead, it operates like a restaurant franchiser, acquiring rights to the delinquent debts that are the raw materials of the collections business. It then works with law firms around the country that do the actual collections work, providing them with debt files, court witnesses and other services. In thousands of cases in state courts, CACH has appended a single page from its purchase agreements with Bank of America attesting to its ownership of delinquent credit card debt. CACH has omitted from many such filings the more than 30 additional pages where Bank of America disclaims the accuracy of its debt records. Even so, attorneys affiliated with CACH have cited the reliability of Bank of America's records as the foundation for their collections lawsuits. In the case involving CACH in Duval County, Florida, a person described as B of A "Bank Officer" Michelle Samse swore in an affidavit that "There is due and payable from WENDY CODY as of 9/18/2009 the sum of $12266.83." The Samse affidavit, typical of many others, went on to say "The statements made in this affidavit are based on the computerized and hard copy books and records of Bank of America, which are maintained in the ordinary course of business." Attempts to contact Samse and Cody through Bank of America switchboards and public records searches were unsuccessful. Trust Us The degree of precision attested to regarding Cody's debt is curious, considering that Bank of America declared it was unable to produce records to back it up. "[T]he original contract in this matter has been destroyed, or is no longer accessible," Samse's affidavit states. "This affidavit is to be treated as the original document for all purposes." The affiliate representing CACH in the Cody case was Collect $outheast, which uses the phrase "Let us show you the MONEY!" in company promotions. Collect $outheast and Florida attorneys representing CACH in other cases did not respond to requests for comment. Taras Rudnitsky, a consumer defense attorney in Lake Mary, Florida has regularly defended consumers against lawsuits filed by CACH affiliates in Duval County. He says he regularly demands that debt buyers file banks' sales agreements with the court and invariably runs into stiff opposition. "In every single case I have involving a debt buyer, they refuse to produce a forward flow agreement," he says, referring to the term for sales contracts under which banks agree to sell a specific number of delinquent accounts in the future. "When push comes to shove, the case disappears." Weak Link For individual clients, dismissal of such a case is a victory, but such outcomes are the exception. In the vast majority of collections suits, consumers fail to respond to card payment demands and become liable for default judgments, says Peter Holland, who runs the University of Maryland Law School's Consumer Defense clinic and has collected some of the forward flow agreements. As a result, the questionable reliability of second-hand debt claims is failing to receive the attention it deserves, he says. "The [terms of] forward flows are being hidden from the public and from the courts," says Holland. "When the banks say explicitly that they don't have the documentation, that's something courts need to know. When a bank says a balance is 'approximate,' that's something courts and consumers need to know." To date, it is debt collectors who have been the main focus of complaints and lawsuits alleging wrongdoing. In the past year alone, collections firms have paid out a number of multi-million dollar settlements over allegations they robo-signed affidavits, failed to produce evidence to support payment demands and sued consumers over debts that were no longer owed. According to a trade organization for the collections industry, much of the criticism of collectors' records stems from banks' failure to provide adequate documentation of debts. "We're not getting what we need from the seller," says Mark Schiffman, a spokesman for the American Collections Association, which wants to see better recordkeeping and more documentation included in debt sales. "Consumer groups want to see original contracts and original documentation. That would make a lot of these debts disappear because a lot of that documentation may not exist." Regulatory Interest Washington regulators are beginning to look at what responsibility banks have for wrongful collections activity. But questions about jurisdiction and whether banks will get roped in remain open. "Not enough information [is] flowing through to debt collectors," says Tom Pahl, an assistant director in the Federal Trade Commission's division of financial practices. Despite its concern, the FTC lacks the authority to regulate financial institutions " We can't reach the banks to say 'Thou shalt file the following pieces of information with the loans,'" Pahl says. "We're trying to do most of this through either law enforcement, which is case-by-case, or by jawboning the industry." The Consumer Financial Protection Bureau has jurisdiction over credit cards and last month announced plans to take a close look at the collections industry. The bureau's interest has been heightened by revelations of abuses by mortgage servicers, including robosigning of affidavits, according to spokeswomen Jennifer Howard. The CFPB is "very concerned that the same shortcuts and violations may be occurring with other kinds of debt collection," she says. The OCC, which likewise oversees banks, declined to comment on specific institutions' sales of credit card receivables. However, it expects banks to adhere to high standards regarding account records, especially in cases where institutions attest under oath to their accuracy, according to OCC spokesman Bryan Hubbard. "There may be reasons it's hard to do. Large portfolios being bought. Systems integration. But banks are still accountable for maintaining accurate records," says Hubbard.
  10. I sent request for CCP96 to PL on 12/09 and got a response back on 1/4 (they put it in the mail on 1/2). I know they have 20 days +5 days mailing. If I am figuring this out right they are either one or 2 days late. Since it was due on 1/3 and wasn't there is that 2 days late? Also do I need to do a motion for it being late or just bring it up when they try and introduce evidence or witnesses? Thanks.
  11. Being sued by the infamous CACH. Hearing is in 3 days and in the mail I receive notice from the iowa courts system that this case has been converted into an "electronic filing only" status. Not only that at the actual hearing a Clerk of Court will be presiding. Received this on Friday, the hearing is Monday. Seriously.....WTF? And yes I planned on using Lack of Standing and hearsay as an effective defense.
  12. 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.) Neuheisel Law Firm 3. How much are you being sued for? 9k 4. Who is the original creditor? (if not the Plaintiff) Wells Fargo 5. How do you know you are being sued? (You were served, right?) Yes 6. How were you served? (Mail, In person, Notice on door) At front door 7. Was the service legal as required by your state? I believe so Process Service Requirements by State - Summons Complaint 8. What was your correspondence (if any) with the people suing you before you think you were being sued? Letter requesting dv 9. What state and county do you live in? AZ 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 2011 - still within sol 11. What is the SOL on the debt? 2014 12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). did summons, did answer, now in discovery: was sent req for non uniform interrogatories and also Req production of docs and also Req for admission of facts and non uniform interrogatories. All in same packet. 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No, not yet....too late? 14. Did you request debt validation before the suit was filed? no Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late. 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? august 12 and yes Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Bill of sale, statements with my name and address, something that looks like part of my credit report, terms and conditions 17. Read this article: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits I have read through like threads for months and have learned and understood much of how to respond to most of this req for info however, I need assistance responding to some specific items. I did post a question a couple of days ago but it was under a similar thread and no one answered it so I thought I better just open my own thread at this point. Here are some questions I am having difficulty with: REQUEST FOR ADMISSION OF FACTS AND NON UNIFORM INTERROGATORIES 10. Admit that Plaintiff is the successor in interest to wells fargo bank with regard to the credit card acct #XXX. See Bill of Sale attached hereto as Exhibit C and incorporated herein by reference 11. Admit that plaintiff as successor in interest to wells fardo bank is owed at least 9k pursuant to the bill of sale, which is attached hereto as Exhibit C and incorporated herein by reference. and then the following questions on same Request: 15. admit the original creditors credit card acct appear on Transunion credit bureau. See copy of your credit bureau attached hereto as Exhibit D 16. Admit that you never disputed this acct with any of the three major credit reporting agencies. 17. admit that you have provided Plaintiff with no doc supporting any affirmative defense against the Plaintiff complaint in this action. OK, so 10 and 11 refer to the bill of sale that looks like it was copied a hundred times with no ref to acct in question except as an Exhibit A. I already plan to file a motion to strike this from being admitted as evidence from what I have read about it's being heresay. But I am not sure how to word it properly, all I have written is that I have filed motion to strike this. Is this all I need to say? do I file this same day I take my responses to court clerk to file that? As for the other questions, no I didnt check or dispute my credit report for this because I didnt know it was there and as a knucklehead dont check my credit report as often as I should, apparently. so can anyone help me with how I should respond to these questions? I've been working on this thing for weeks and now I'm getting incoherent and will probably pass out very soon from lack of fresh air. Some one please help? (ps if anyone needs to see any of the docs I can attach just let me know what you need to see) .
  13. Can Cach, LLC legally sue (does it have the legal capacity to sue) in California through Mandarich? I have read that they can sue but can't "maintain it" as I understand it. On the small claims court website it says the case can be dismissed if not registered. So can I get it dismissed based on this? Of course they can refile once they register but it might help someone that is close to SOL. I checked with the secretary of State and they are not registered there. So is Cach considered a foreign corporation and transacting interstate business by suing here? Foreign corporations are prohibited from transacting intrastate business without obtaining a "certificate of qualification" from the California Secretary of State. Corporations Code section 2203 subd. © only bars a foreign corporation from "maintaining" an action based on intrastate business transacted in California. (United Med. Management Ltd. v. Gatto (1996) 49 Cal.App.4th 1732, 1739.)
  14. Hi Everyone, I know this forum when I did the research on how to answer the interrogatories from CACH, LLC. I have been here almost two weeks to read as much as I could in order to prepare for my case. However, there are some questions that I don't know how to answers correctly in the legal term. Therefore, I decide to open my own thread to get some advice to deal with this legal issue. Thank you All for your help (CALawyer, SeaDragon, ColtFan, Helpme, Big Sister is Watching, Rivertime,...) and all others. This is my case: 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 LLC 3. How much are you being sued for? - $3000 + 4. Who is the original creditor? (if not the Plaintiff) - Bank of America 5. How do you know you are being sued? (You were served, right?) - Summon served 6. How were you served? (Mail, In person, Notice on door) - To my roomate (he got his own, same JDB / Lawyers only different date to court, 2 weeks after my case.) 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? - None 9. What state and county do you live in? - California, Santa Clara 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) - I believed 2009 / 09 11. What is the SOL on the debt? - 4 years in California 12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name) - Summon filed: served 10-28-2012 - General denial (Plc-010 form) Answer filed: 11/28 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, I received three documents (and it is funny that my friend also receive exactly the same documents from same law office for the same JDB, only different account number and who signed them. He will share with my case, instead of posting separate 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. - 30 days and I already filed general denial (PLD-C-010) and counter claim for court cost. 16. We need to know what the "charges" are. Please post what they are claiming.Common counts,account stated,breach of contract,claims of debt for goods sold and delivered,for work performed,for money loaned or advanced,for money paid and repayment is due,for money received on behalf of the plaintiff,money due on an account stated or on an open book account, indebitatus assumpsit, quantum meruit,quantum valebant,unjust enrichment. - Breach of Contract, Common Counts, Account States 17. Is the complaint "verified"? A verified complaint is one in which the last page it has a declaration from someone stating that the information and allegations are true and correct under penalty of perjury. - No. The complaint is not verified. 18. Did you receive discovery or interrogatory or Admissions (questionnaire) regarding the lawsuit? - Yes, they are the same as 1111girl post (307271-help-answering-discovery) with more questions added that I will need some guidance to reply to them. 19. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. There is no evidence with the summon. However, when I asked for the DV before sued, they sent me these copies: - Summary Statement Of Account Balance Purchased: with JDB, BoA account number and the amount. - Certificate Of Assignment: where one of the JDB employee authorized to give the certificate with sufficient personal knowledge to do so that account was mine, issued by CO with account number, and CACH now is owner with amount and interest added. - Business Records Affidavid: where the same employee stated under oath (notarized by someone in Colorado) that these documents are the original or exact dupplicates of the original. - Account Information Report: where the account number of CACH, DEBT PROVIDER, Original Creditor Accct are provided and Debtor information provided (name, address, last payment date...) - Bank of America Bill of Sale and Assignment of Loans: Signed by someone at FIA Card Services, N.A (Seller/Assignor) and someone at CACH for Buyer/Assignee. This includes a bank statement that CACH claims the last statement from BoA sending to me and the final amount of money that they sue me in court. I made mistake to sit on these interrogatorries to long and on the last leg to reply this Friday. I will post all the questions in next posts. Thank you
  15. So I come home yesterday to find a large ziplock baggie duct taped to my front door. For all to see, there is Motion for Substitute Service. The Plaintiff being Cach,LLC represented by attorney Michael J. Scott. Apparently they felt it necessary to have motion granted to have the papers taped to my door due to previous failed attempts to serve me. This is new to me as I have never heard of either one of these parties before yesterday.nor have I heard FROM them before yesterday. The next page is the Civil Citation dated back on April 3, 2013 which states that I defaulted on a credit account in the amount of $4,049.49. I have til 10:00 am on the Monday next after the expiration of 10 days from the date of service to appear and file a WRITTEN ANSWER. What's interesting is that this citation still has the officer's return still attached. When I checked the county website it shows unserved for the original date of April 3, 2013. Then it shows the new date of August 15, 2013 where they filed to have the papers taped to my door. The next set of papers are the Plaintiff's Original Petition in which Cach,LLC intends to conduct a discovery, seek to recover damages and try to prove that I owned a CITICORP TRUST BANK account with account numbers ending in 0694 which has a balance of $4,049.94 and accrued interest of $1,071.47 which continues to accrue at the rate of 28.0%. They seek damages of $5,121.41 plus more interest. (I kinda find that odd...didn't they already include interest and are just tacking on more interest for the heck of it?) Then finally comes the REQUEST FOR ADMISSIONS. Now the meat of it...........I don't have or have had an account with Citicorp!!!!!! I even checked all 3 credit bureaus and there is nothing listed on my credit report for Citicorp or Citibank...I got nothing. I have not received any correspondence from CACH either.I have not had any credit card statements from Citicorp, nor have I received any proof of this debt from CACH or MIchael Scott. I'm completely freaked out. Any help or advice would be an answered prayer. This has been the worst year for me.
  16. Thank you in advance if anyone reads the facts of this case and offers input. I am being sued in Arizona by CACH, LLC (represented by the Law Office_______ for a little over $3,000. They are within the Statue of Limitations in Arizona for this debt. (I put in bold the actions I have taken, and questions I'd like to emphasize to make reading through the facts easier) I was served with a summons and I answered immediately simply requesting further debt verification; I did not verify or agree that I owed the debt. I filed a signed/notarized request with the court for the debt verification, and sent a copy of the filed document (registered mail/return receipt) to the attorney's office. My request was as follows: "I request your offices provide evidence that I have any legal obligation to pay you. Please disclose what the money that you say I owe is for, how you calculated what I owe, copies of documents that will show I ever agreed to pay what you say is owed, the original creditor, proof that the statute of limitations on this debt has not expired, proof that you are licensed and authorized to collect debts in my state, your business/collection license numbers and registered agent, proof that your company owns the debt and/or has been assigned the debt that you say I owe, complete payment history starting with the original letter with an explanation of any and all fees that have been added to the original debt, and a copy of the original and signed credit application that established a debt between the original lender and I." I also filed a graduated Sworn Denial letter (in response to an attached Affidavit from employee of the OC) which stated: "I deny that this is my debt and if it is my debt, I deny that it is still a valid debt and if it is a valid debt, I deny the amount sued for is the correct amount". In response, I received the Plaintiff's Disclosure Statement Rule 121. The documents the Plaintiff has are as follows: 1. Affidavit of Claim and Certification of Amount Due - -This document is signed by an employee of the original creditor; she is listed as an auditor. -It lists CACH, LLC as the owner of the account and references the date sold. -The account number is listed and indicates the balance due that showed on the books and records, and the last payment date is referenced as well. 2. A copy of a monthly statement from the original creditor which indicates the account number, name on the account, and balance due. This is not a list of transactions for purchases. There is no information of any kind on the document as to how the balance due was configured. It also indicates that the debt was a CHARGE OFF and references the date. 3. Interest Charge Calculation statement referencing the account number, name on account, and balance due. No interest is noted (the statement claims "Yes" under Interest Free Period) 4. Copy of a credit card contract from original creditor, unsigned by defendant. 5. Account Information Report - This document indicates the Debt Provider (OC name), account number, debtor information including SS#, address, and phone, and the placement (debt) amount. 6. Bill of Sale and Assignment of Assets - signed by the Director of Collections and VP of Recovery from the OC. The Lot No., No. of Accounts, and Balance (blacked out on my copy) are referenced. 7. A "Tape" which is followed by a printout of the actual Lot No., account number, name on the account, social security no., address, and phone nos. for defendant. I came across this website which offers valuable information to fight this lawsuit. http://hanavee.hubpages.com/hub/You-Can-Beat-Credit-Card-Debt-Collectors Are these tools I can use in court to fight this case, if not, which ones are not valid for me, and why? My concern is in not fully understanding Arizona law in regard to debt collectors and what will be accepted as legal evidence to the plaintiff's case. Can I request for the signer of the Affidavit of Claim to be subpoenaed as a witness? I have read that I am allowed to do this, but are there any loopholes that the Plaintiff can use to get around that individual (who is in another state) from being present to testify. Also, The Plaintiff listed the following names as potential witnesses: Magic West, Victoria Mason, Christie Coston, Angelica Martinez, Catherine Potts, and "Other authorized representative of CACH, LLC". I Googled those names, and apparently they are noted on many of CACH, LLC's lawsuits. I am uncertain as to how these individuals have "personal" knowledge of the account trying to be collected upon. Also, is it legal for CACH, LLC to collect upon the account for MORE than they paid for the account? Am I allowed to request documentation of what they paid for the account to be disclosed before a trial is set, or at the trial? In general, what is my next step? I typed up a Request for Production document asking for more specified information on the account. It states: 1. Please produce any credit application signed by Defendants. 2. Please produce a copy of the executed contract in US Bank’s possession setting forth the terms Defendants are alleged to have agreed to in connection with the card at the beginning. 3. Please produce a copy of any modifications to those terms specifically agreed to by Defendants. 4. Please produce a copy of all statements from the beginning of time to present. 5. Please produce detail regarding alleged charges by amount, type, and date. 6. Please produce evidence of all payments received. I appreciate any help I can get! Thank you~
  17. Really need step by step guide. Thanks in advance. I have been reading some posts. I'm glad people here offer their time and effort. This is my case: 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? - $7000+ 4. Who is the original creditor? (if not the Plaintiff) - Bank of America 5. How do you know you are being sued? (You were served, right?) - Summon served 6. How were you served? (Mail, In person, Notice on door) - 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? - None 9. What state and county do you live in? - California, Solano 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) - According to their claim, in 2011 11. What is the SOL on the debt? - 4 years in California 12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name) - Complaint filed: 03/12/13; Summons & Complaint served: 03/19/13 - General denial (PlD-C-010 form) Answer filed: 04/23/13 - Plaintiff's RFA, Special Interrogatories, and RFP served 05/24/13 - Defendants Answers to RFA, Special Interrogatories, and RFP- In the process - Defendant's First request for production of document served- 05/13/13 - Case Management Conference One Schedule- 07/17/13 - Status- Vacate-Vacated 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.) - No 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. - Summon was served 3/19/13, I filed answer 4/23/13 16. We need to know what the "charges" are. Please post what they are claiming.Common counts,account stated,breach of contract,claims of debt for goods sold and delivered,for work performed,for money loaned or advanced,for money paid and repayment is due,for money received on behalf of the plaintiff,money due on an account stated or on an open book account, indebitatus assumpsit, quantum meruit,quantum valebant,unjust enrichment. - Breach of Contract, Common Counts 17. Is the complaint "verified"? A verified complaint is one in which the last page it has a declaration from someone stating that the information and allegations are true and correct under penalty of perjury. - No. The complaint is not verified. 18. Did you receive discovery or interrogatory or Admissions (questionnaire) regarding the lawsuit? -Yes. 19. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. There is no evidence with the summons or complaint.
  18. Okay so I sent req. for prod of docs and rec'd a few things back...one of which is a very generic bill of sale- I have a few questions about it.
  19. My spouse is being sued by attornies on behalf of CACH - without going into lengthy particulars, we answered the summons, etc. but we are wanting to settle and they broached the subject by phone yesterday - we have CMC soon and would like to proceed with a settlement asap. The actual debt was $5000 and has ballooned to just over $5700. They offered a $4300 settlement. The debt is valid and my spouse just wants it OVER...will NOT consider fighting, so we dont even need to go there in this forum at this time. We would like to counter but are unsure of how AND how much to offer? We do want to get this settled but dont know how to proceed. We are communicating at this point via email as they put a 48 hr. time limit on this first offer. Your thoughts...advice? Greatly appreciated!
  20. If you have been contacted - even called - or sued by a debt purchaser in Tennessee, contact the TN AG's Office - Consumer Affairs Division. Most have no license to collect and therefore, you should file a complaint with the Tennessee Collections Services Board. Even if they do have a license and if they did sue you, their Civil Warrants in Debt don't nearly comply with the law. Report them.
  21. Today I received the Plaintiff's discovery requests and looking for input on how to answer. Apologize in advance for length. Copied exactly as they wrote it up. Plaintiff is CACH. Complaint can be found here. INTERROGATORIES AND REQUEST FOR PRODUCTION PROPOUNDED TO THE DEFENDANT INTERROGATORIES AND REQUEST FOR PRODUCTION INTERROGATORY NO. 1: Please state the Defendant’s current address, telephone number, social security number, place of employment, and banking affiliations. Please include the address and telephone number of employer and banking affiliation. INTERROGATORY NO. 2: In the event the Defendant denies any of the submitted Requests for Admission, please state specifically the reason for said denial. INTERROGATORY NO. 3: Please state specifically the dispute you have with the information contained in the Complaint. INTERROGATORY NO. 4: In the event this cause should be tried, please state the names, addresses, telephone numbers and expected testimony each person the Defendant plans to call as witnesses. INTERROGATORY NO. 5: Please list and describe all tangible evidence the Defendant expects to introduce at trial on this cause. REQUEST FOR PRODUCTION NO 1: In reference to Interrogatory No 5, please prove Plaintiff with a copy of all documents, tapes, transcripts, receipts, and any other evidence that the Defendant will introduce at a trial of this cause. INTERROGATORY NO. 6: Please state the correct balance, if any, the Defendant believes is owed to the Plaintiff. INTERROGATORY NO. 7: If the Defendant is claiming a payment, credit, or offset that Plaintiff is not giving the Defendant credit for, please state the amount, date, and mode of such. REQUEST FOR PRODUCTION NO 2: In reference to Interrogatory No 7, please provide Plaintiff with a copy of the receipt, canceled check, or any other proof of such payment. INTERROGATORY NO. 8: Please state the date and amount of your last payment on said account. INTERROGATORY NO. 9: Please state the balance due on said account after your last payment. INTERROGATORY NO. 10: If the Defendant denies having received the card identify any person whom the Defendant believes may have received the credit card. INTERROGATORY NO. 11: If the Defendant denies having used the card identify any person whom the Defendant believes may have used the card and state whether each such person was authorized by the Defendant to use the card. REQUEST FOR PRODUCTION NO 3: Please produce all billing statements from Issuer to the Defendant. REQUEST FOR PRODUCTION NO 4: Please produce a copy of the front and back of the credit card issued to the Defendant from Issuer. REQUEST FOR PRODUCTION NO 5: Please provide true copies of all correspondence from the Defendant to Issuer disputing any billing statements on the Account, together with proof of sending and receipt of such correspondence. INTERROGATORY NO. 12: If Defendant contends or believes that the debt that is the subject of this suit is the obligation of any person or entity other than Defendant, identify such other persons or entities and state the facts on which that contention or belief is based. REQUEST FOR PRODUCTION NO 6: If Defendant contends or believes that the debt that is the subject of this suit is the obligation of any person or entity other than Defendant, please produce the documents on which such contention or belief is based. INTERROGATORY NO. 13: Identify all persons whom you may call as expert witnesses at trial and state the subject matter of each such person’s anticipated testimony and the opinion of each such person concerning the subject matter of this litigation. INTERROGATORY NO. 14: If you are disputing only a portion of the Account please identify which portions of the Account are disputed and which are not and state the reasons for any such disputes. INTERROGATORY NO. 15: Please treat these interrogatories as continuing and supplement your answers with additional information as it becomes available to you. Will you do so?
  22. Having had a few years experience with this JDB, I am seeing a pattern in their operations. They have a network of attorneys around the country. These attorneys are franchisees of the CACH outfit. Each attorney apparently only gets an account for about a year. Then, if they don't get results by then (and they don't with me), the account is sent to another attorney's office, again, for a year. This cycle keeps repeating. For one account I have had 6 of their attorneys now. Even though I beat attorney #2 (the one in my state) in court. Most of them are licensed to practice in only one state, the state their office is located in. The only time to worry is when an attorney licensed in your state gets your account. Always send a DV letter, and state all phone calls are inconvenient, every time a new office gets an account. I have found that electing arbitration in the DV letter helps. They hate arbitration, as it costs them too much.
  23. Hello~ This is a follow up to my posting(s) back on November 20, 2012. I sent a vlaidation letter to CACH, who are the ones that have reported the negative trade line on my Experian CR. After reading their respone I do not think that this meets proper validation. What CACH has done is contact Experian and report that the account is now 'Disputed by Consumer'. I find that their letter leaves some questions though. 1) If they do not engage in collection activity (direcetly or indirectly) then why are they reporting to the Credit Bureaus? 2) Is what they sent me proper validation? 3) Have they violated any FDCPA or FCRA with providing false and misleading information - ie: Reporting negative TL to the CR's then stating they do not engage in collection activity. I have attached a copy of their response letter to me with the appropriate areas blacked out. Anyone have recommendations on how to proceed?
  24. This site is great and filled with so much good advice!! I am being sued by Mandrich LLC CACH for a debt they purchased from HSBC. I have followed so many of the suggestions from all of you! I responded to their first notice of judgement with a general denial, I answered their ROG's and Discovery request with responses I got from this site. I served them with a BOP as many of you suggested. I received their letter denying my request for a BOP but they did send me some doc's on the debt they said it was a courtesy and not part of my BOP request. I just received from them a filing where they are asking for a trial date. Can anyone help me? Where do I go from here? In the doc's they sent the HSBC agreement has a arbitration clause. Is this a good path?? Help!! Here is some background information on my case Being sued by- CACH Plaintiff's attorney- Mandrich LLC Amount they are asking for- $4,200.00 Original creditor- HSBC Served in person Assuming I was served legally? I received a few demanding payment Last payment on the account was early 2010 Debt has never been disputed I see so much great help being given here! Just hoping someone can offer some help??!!