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Found 106 results

  1. Hello, it's me again. I was just served by Stenger and Stenger (representing Cach LLC) on an account that was dismissed without prejudice last year. The last time they sued me I appeared in court and during mediation I told the attorney that I planned on filing a MTC arbitration. She was confused, and when we went to trial she asked for a continuance. The judge granted it, and we were to appear back in court 30 days later. Well when I came back, no attorney was present so the judge signed a dismissal without prejudice. I did ask him to make it with prejudice, and he denied the request. Here we are again, and the same law firm representing the same JDB is suing me again. I haven't sent in my answer yet. I was planning on using the same arbitration defense, but after further review of the credit card agreement there is a note about "ordinary claims," and I just went through another case with that clause and was denied my MTC arbitration from the judge! Btw, this is in GA. The amount is around $1300. It's for First National Bank in Omaha that was defaulted around Feb 2016, maybe earlier. I'm really afraid that my MTC arbitration will get denied again because the judge is a JDB friendly judge. Do I have any other options to file my answer? I mean I am going to try to proceed as usual w/ my answer and then present my MTC at court, but because this has no mention of small claims court, even if I was denied, and appealed to a higher court it seems like that verbiage would still stand. Thoughts? Help? Below is the verbiage from a Q1 2016 agreement. And the bold is what I'm concerned about. So many of you have helped me dismiss so many cases over the past few years... I need some advice on this particular circumstance to see if anyone has any success with arguing this. THANK YOU!
  2. 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.) Wold rather not say. It is a well known JDB attorney for CACH in Texas. 3. How much are you being sued for? $10k+ 4. Who is the original creditor? (if not the Plaintiff) Web Bank (Lending Club) 5. How do you know you are being sued? (You were served, right?) Served at my home 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? They sent several letters. I did not respond. 9. What state and county do you live in? Travis County, TX 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) It is just within the SOL based on the alleged last payment. 11. What is the SOL on the debt? To find out: 4 Years (Texas) 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). Served, Discovery on both sides delivered. I have answered discovery and the suit with a general denial 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) Nope 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. Nope 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? I responded within the required time with a general denial. I did not use any affirmative defense. --------------------------------------------------------------------------------------------------------------- I am well on my way and have been reading as much as possible. The original petition was properly filed with a breach of contract claim. All that was included in the petition was a T&L statement. No contract. No account statements, no proof of ownership. The alleged loan is from Lending Club (WebBank) Plaintiff included a boilerplate discovery request with their complaint which I responded to within the required time. My response generally denied everything, punting the requirement back to them to prove their case based upon all the great information on this site. After filing my general denial I immediately sent the Plaintiff a Discovery request for Disclosure and Production. Essentially asking very specific requests for a contract, account info., 190.2 disclosures, 194.2 disclosures, chain of title, warranties, etc. It is now 9 days past the required 30 day response time for the Plaintiff to respond to my Discovery request and they have not responded in any way. My request is recorded with the court and I have a receipt for the registered mail delivery. I was planning on sending a request for admissions and interrogatory to bolster my case based upon the documents they produced but I am now leaning to letting it ride to see what they do. The Texas statue states they cannot introduce any evidence not produced in Discovery. Is this correct? I don't want to poke the Bear but also don't want to miss something. I am on top of the court filings so I will not miss anything. But essentially radio silence from the Plaintiff. Should I just wait at this point? L
  3. I have received notice of a Civil Complaint filed against me by CACH LLC with my local District Justice. The hearing is scheduled for Tuesday, June 6th and I have already given my Notice to Defend. According to the paperwork, this was originally a debt to GE Capital Retail Bank that was opened on or about 11/25/1999. It states that the account was charged off on or about 11/13/2013 with an outstanding balance of $2,900. Subsequent to charging it off, the issuer sold the account on or about 12/23/2013 to CACH LLC. Demand has been made by CACH LLC for payment with defendant failing to remit payment. Paperwork was filed by a J.A Cambrece Law Office, PC and signed by Lloyd E. Wilson, Esq. I assume, that is the attorney who will represent CACH at the hearing. Now what? This was a credit card from 1999 that does not even appear on my credit report. There were probably no payments made to this account or creditor since "on or about" February 2001, making this debt delinquent by at least 16 years. I have never responded to inquiries from CACH as they never identified a creditor before this time and I know that if I respond the "clock" resets for this debt. Currently, I am out of work, unemployment benefits ran out months ago and I have NO income at this time. So there is nothing for them to collect from me. I own nothing but don't want a judgement against me, if at all possible. I have worked hard over the past years to build up my credit score to a still below average rating and don't want to start at square one again. Can I successfully defend myself? What strategy do I use?
  4. Being sued by Cach LLC for a debt allegedly incurred my by defunct business for $31,000. Original creditor is Wells Fargo. Here are the bullets: Plaintiff Petition Filed 3/2015 Defendant Answered Petition 5/2015 Plaintiff Filed "MOTION TO COMPEL DISCOVERY RESPONSES AND TO SET DISCOVERY CONFERENCE" 6/2016 Plaintiff Filed "NOTICE OF HEARING ON PLAINTIFF'S MOTION TO COMPEL DISCOVERY RESPONSES" 6/2016 All of the Plaintiff's communication was mailed to my now ex-wife's old house address, so I never received the communication. As a result, I was not able to respond to the Discovery request. I only made the discovery of these events through the online court system after they made their filings. Filed for and was granted Divorce in 8/2015, after my answer but about 10 months earlier than the recent Plaintiff's filings. My assets are nearly zero, I rent and do not own a home and I owe more on my car than it is worth and live near paycheck to paycheck. PLAINTIF'S MOTION TO COMPEL DISCOVERY RESPONSES AND TO SET DISCOVERY CONFERENCE HEARING IS SET FOR THIS FRIDAY Will be traveling for work on the day of this hearing and will be gone (2) weeks. My jobs has me out of town 21 days of the month. How should I BEST proceed from here? As it stands, they don't have my correct address and I cannot appear at the hearing. Any help would be GREATLY appreciated.
  5. I have recently pulled my credit report and saw that I have a judgement for about $2100. It is from CACH LLC for a CareCredit card that I had.. I didn't go to court for this.. How can i get this removed?? I am willing to do a payment plan or settle the debt..
  6. It all started last year, my case is in california and i had a lawsuit against me for the amount around 1,800. I have went to court and tried to fight the case the best i can but it seemed that the judge was more in favor towards the plaintiff. I had no way to lower the amount i owed and i tried to do a payment plan but it was already too late. so i end up loosing the case and now i have a judgement against me for the amount now of @2500 that is with the lawyer fees , etc. So now its 2016 and i am barely making it to survive. so i have a car that's already payed off under my name its a ( 8 year old car) . will cach llc take this property from me ? i really don't want to stress it out but i know that now that i have a judgement against me ....does it matte if i pay this amount soon or by the need of the year when i have some money saved up ???? i know its going to be on my credit report .. but i would like some outlook on what happens after you loose your court and now a judgement is against you . - Thank you kindly.
  7. While it's never a good time to be sued, this was the absolute worst. The day I was served, I was leaving for a 3 week trip. I'm back now, and have a week to deal with this. The closest card agreement I could find to the date of mine (issued a year later) DOES have ARB. Also, may or may not be relevant: The original creditor lost a class action lawsuit a year after my card was issued for not providing enough information on their interest structure to clients. I was not a part of the suit, but my agreement does fall in the timeframe they were sued for this. I have no idea what to do, really. I know I must file an answer but don't know how. The document doesn't have a case number, so I'm not even sure how I'd look the case up, verify it or formally submit an answer. Any guidance or help provided would be greatly appreciated. 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 3. How much are you being sued for? $2500, plus post-judgement interest, etc 4. Who is the original creditor? (if not the Plaintiff) GE Capital Retail Bank 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? yes 8. What was your correspondence (if any) with the people suing you before you think you were being sued? Received a few attempts to collect a debt via mail. No phone correspondence 9. What state and county do you live in? Lane Co. Oregon 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) mid-2013 11. What is the SOL on the debt? 6 years under Oregon 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). Unsure. There's no case number on the summons, so not sure how to find out the status. 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? 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? 30 days from date served 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. none
  8. I was contacted by someone in an email and text message saying a suit had been filed against me and they wanted to represent me. Sure enough I checked the court's website and I have a suit filed against me by CACH LLC being represented by Midland Funding LLC. The suit was filed on March 29, 2016. I have been reading everything I can here especially the great thread about the case that was won here in CA in the stickies. I am sure this is going to be the start of a longer thread as I go through this process. I have no idea what this debt is for and I have not been served. The court record shows a Summons Issued on 3/30/16 as the last action in the case. Is this saying that I have been served or they started the process to serve me? Is it normal to have a case filed and then 8 days later still not have been served? It makes me a little anxious wondering where and when someone will show up to serve me and wondering what the paperwork will say when they do. Also on the 29th it says that they filed: Complaint and Declaration Re: Reduced Filing Fees filed by Cach LLC. The filing fee is $225. I am not looking forward to paying that to file an answer. Do you know what they filed to reduce their fee and how that works? I would not be eligible for a fee waiver. I thank you in advance for all of your help. I know that as I go through this process I am going to need it.
  9. Happy Thanksgiving to All! I am being pursued for a lawsuit against Mandarich Law on behalf of Cach, LLC. The suit is for just over $1,000.00 dollars. The debt stems from years ago. I belive i do fall within the statute of limitations as it looks like in Feb. 2016, is the 6 year mark (i believe the SOL is 6 years here in Oregon) I'm looking for all of your input from experiences as i need as much guidence and help as possible. I've reached out to @Mrj9182 and have been met with great kindness and offerings of heroism to which I'm so thankful for! ANY of you folks who are willing to chime in, I can't thank you enough! My Answer to their complaint is due in on this coming Monday, btw. -OregonAce
  10. I had a Judgment against me in mid-2011, and it was whatever you call it when they take the full amount from your bank account. (I'm not going to go into how BS it was that it happened, but get to the point.) I've pulled my credit report before and had seen it on there, showing there was a Judgment. (There has never been a "status" area.) Yesterday, I was talking with a CC company I have one with because was denied an increase. I inquired why that was and the lady went over some negative things and said it was probably primarily because I still have a Judgment against me. I asked did she mean "have", as in shows it was paid (cuz they literally took the money) or did she mean to say "had", as in there was a Judgment and that basically affects my credit. She said neither. It was an active Judgment and did not show it was ever paid; it was unresolved and "active". She informed me that the Plaintiff/Debtor/Winner-Of-My-Monies is supposed to file with the courts that it was paid in full. And that my credit has probably not been that good for the past 4 years, because of that. After freaking out/raging, I called the law firm (Scott Lowery) and asked about it. The lady (secretary?) looked and said something along the lines of, "That's weird. It's not that they didn't send the courts anything, they never even filled anything out about it. That is the end of your file. It just shows that the judgment was granted and they got the funds. I'm sorry. That definitely should not have happened. I'll get an attorney to send you via email and post that it was paid in full/satisfaction of judgment on the date that it was." So, I got an email, of the scanned document, for the Satisfaction of Judgment and it showing the date it was paid in full. They said they'd send it to the 3 credit bureaus (but I'm going to also). I've looked it up online, and it mentions penalties if they do not, but not for my state of Oklahoma; I either get NY & IA or "depending on the state..." 4 years of it effecting my credit, and I'm sure it's exponential, as it's been showing no activity! My question is, surely there is something that can be done to them?
  11. Can anyone help me fight this? PLEASE!!! 1. Who is the named plaintiff in the suit? CACH LLC C/O Law Office of Joe Pezzuto, LLC 2. What is the name of the law firm handling the suit? Law Office of Joe Pezzuto, LLC 3. How much are you being sued for? $5500 4. Who is the original creditor? Capital one National Association 5. How do you know you are being sued? Served with complaint and Summons 6. How were you served? In person at home. Knocked on door and I answered. 7. Was the service legal as required by your state? I do not know 8. What was your correspondence (if any) with the people suing you before you think you were being sued? I do not ever remember talking with or receiving anything from them. 9. What state and county do you live in? Arizona, Pinal 10. When is the last time you paid on this account? Around September 2012 11. What is the SOL on the debt? 6 years on credit cards 12. What is the status of your case? Suit served? Motions filed? Summons and Complaint filed. I then filed Answer to complaint. Plaintiff then sent me Requests for admission of facts and non-uniform interrogatories and Dis closure Statement. 13. Have you disputed the debt with the credit bureaus? Yes 14. Did you request debt validation before the suit was filed? 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? I filed a answer onctime. I have until January 19th 2015 to respond to Requests for Admission and Non Uniform Interrogatories. The court does not show Requests for Admission of Fact and Non Uniform interrogatories or Disclosure Statement filed yet. 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. In the Complaint filed there was a Account Statement (titled EXHIBIT "A") dated March 9th 2013 to April 7th 2013 with a due date of May 2nd 2013. There was also a AFFIDAVIT of ASSIGNMENT. In the Disclosure Statement there is a photo copy of a Terms and Conditions and Best Buy Credit Card application that was not signed (titled EXHIBIT "A"), a AFFIDAVIT OF ASSIGNMENT (same as the one in the Complaint) (titled EXHIBIT "B"), a Account Statement (same as the one from Complaint that was titled EXHIBIT "A") ( titled EXHIBIT "C"), a ACCOUNT Information Report (titled EXHIBIT "D"), a Forward Flow Receivable Sale Agreement dated 04/01/2013 BILL OF SALE (titled EXHIBIT "E"), and a Redacted Account List (titled EXHIBIT "E")
  12. I am being sued for a debt that was sold by capital one to cach llc with a c/o law office of joe pezzuto. I am in need of help with fighting this. I can not afford this. I already filed a answer to the complaint and summons. I just recently received plaintiff's disclosure statement and requests for admission of fact and non-uniform interrogatories. Any help will be greatly appreciated. thanks in advance. 1. Who is the named plaintiff in the suit? CACH LLC C/O Law Office of Joe Pezzuto, LLC 2. What is the name of the law firm handling the suit? Law Office of Joe Pezzuto, LLC 3. How much are you being sued for? $5500 4. Who is the original creditor? Capital one National Association 5. How do you know you are being sued? Served with complaint and Summons 6. How were you served? In person at home. Knocked on door and I answered. 7. Was the service legal as required by your state? I do not know 8. What was your correspondence (if any) with the people suing you before you think you were being sued? I do not ever remember talking with or receiving anything from them. 9. What state and county do you live in? Arizona, Pinal 10. When is the last time you paid on this account? Around September 2012 11. What is the SOL on the debt? 6 years on credit cards 12. What is the status of your case? Suit served? Motions filed? Summons and Complaint filed. I then filed Answer to complaint. Plaintiff then sent me Requests for admission of facts and non-uniform interrogatories and Dis closure Statement. 13. Have you disputed the debt with the credit bureaus? Yes 14. Did you request debt validation before the suit was filed? 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? I filed a answer onctime. I have until January 19th 2015 to respond to Requests for Admission and Non Uniform Interrogatories. The court does not show Requests for Admission of Fact and Non Uniform interrogatories or Disclosure Statement filed yet. 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. In the Complaint filed there was a Account Statement (titled EXHIBIT "A") dated March 9th 2013 to April 7th 2013 with a due date of May 2nd 2013. There was also a AFFIDAVIT of ASSIGNMENT. In the Disclosure Statement there is a photo copy of a Terms and Conditions and Best Buy Credit Card application that was not signed (titled EXHIBIT "A"), a AFFIDAVIT OF ASSIGNMENT (same as the one in the Complaint) (titled EXHIBIT "B"), a Account Statement (same as the one from Complaint that was titled EXHIBIT "A") ( titled EXHIBIT "C"), a ACCOUNT Information Report (titled EXHIBIT "D"), a Forward Flow Receivable Sale Agreement dated 04/01/2013 BILL OF SALE (titled EXHIBIT "E"), and a Redacted Account List (titled EXHIBIT "E")
  13. Hi all, CACH recently filed a suit with me in California. The reason I know this is because someone came to my home on Saturday when I was gone and based on what my wife told me I figured it was probably a process server so I did a dockest search and found the case. The case was filed a couple of weeks ago, and I have no idea what the debt is for, but I am pretty confident it is probably for less than $5000. So what I am wondering is if I should do anything at this point or just wait to be served. I am in the legal industry and I do understand that they can't actually do anything in terms of getting a judgment until they actually have some kind of service so should I just wait until that happens and then respond or should I do something proactive now. My guess is that CACH probably paid a fraction of what my original debt was worth and so my assumption is that if I offer them something that at least covers their costs ,and makes them a little bit of money, they will go away but I don't want to go down that road if it will open me up to possibly paying more and this does not go away. Just as a side note here, I honesltly would have no problem trying to figure a way to clearing the complete debt down the road, if I can, but my understanding is that once things get to companies like CACH there really is no upside to this in terms of your credit report. Basically you are just providing companies like CACH with a windfall and you stil have this charge off hanging out on your credit report for seven years. Thanks!
  14. Hi everyone! It sure has been a while since I last posted. So after I beat CACH and their time to appeal ended, judgment was entered in my favor. Now, how do I actually collect the money from them? I strongly doubt that they will pay without a garnishment, writ of execution, etc. Should I make them appear at a debtor exam? Also, I am wondering if I have to domesticate the judgment to Colorado; their primary location of business. I am thinking about calling Mandarich and demanding that they pay me. What do you think? Thanks! - PD
  15. Hi Everyone, My hearing date is approaching and I'm not sure how to get a Declaration in Lieu of Live Testimony by the infamous Peter Huber thrown out. Do I subpoena, motion to strike, or something else? Help!
  16. Hi everyone! I was served about 25 days ago by CACH LLC. Originally, I thought that the collection on my credit wasn't mine, so I disupted it and it was deleted. . I was able to hire an attroney that will send them a letter as a response to the judgement. He doesn't think that he can win alleging lack of standing or proof that I owe the debt. He thinks that he should pursue the SOL defense more. The original creditor was Bank of America (allegedly), the terms and conditions were likely from Delaware. My attorney thinks that he can get this case dismissed because that the agreement was made with Delaware with the choice of court, and their SOL is only 3 years, as opposed to the 6 year SOL in Oregon.
  17. Statute 559.715 states: Assignment of consumer debts.—This part does not prohibit the assignment, by a creditor, of the right to bill and collect a consumer debt. However, the assignee must give the debtor written notice of such assignment as soon as practical after the assignment is made, but at least 30 days before any action to collect the debt. The assignee is a real party in interest and may bring an action to collect a debt that has been assigned to the assignee and is in default. I received a summons on March 22, 2014 for pretrial conference. This was the first notice I had that CACH LLC had bought a debt they allege I have. Not only did they not give notice "as soon as practical" since they bought this debt on January 22, 2013, but they did not sent anything "at least 30 days before" the summons came. I want to take this to mediation with me so I can use it to request they drop the case. I have already send my answers to the court and the plantiff. The paperwork they sent included a bill of sale and assignment and an affidavit. But from all I have read, both of those really mean nothing and would be hearsay since the account number and name is not on the bill of sale. It is on the affidavit but the person signing as having knowledge sign it in Decemeber of 2013 for a debt that was sold in January of 2013. I would love to bring her in as a witness to see if she really knows this account. Any advice as far as when I would bring up the statute that was not followed in mediation? Thanks ahead. I have had to learn a whole lot the last couple of weeks so if I am saying something wrong it is because I am on a huge learning curve. But I really think I can beat this.
  18. 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.
  19. Hi y'all I'm new here and have a few questions the part in italics 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? - $2300 + 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) - At my house, the police or sherrif came by and served me the complaint 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, Butte 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) 11/18/13 APP FOR ORDER WAIVING COURT FEES & COSTS FILED BY [D-JZSYAMI] using my username in this forum in case of lurkers 11/18/13 ORDER RE: WAIVER OF COURT FEES & COSTS GRANTED AS TO JZSYAMI 11/18/13 ANSWER/FIRST PAPER TO LIMITED COMPLAINT (UNDER 10K) 10/24/13 PROOF OF SERVICE OF SUMMONS/COMPLAINT AS TO JZSYAMI 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. - 30 days, and I hired Wright & Co Law offices to defend me. again using fake info to protect from Lurkers 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 KickJDBhard2013's (319193-need-guidance-in-replying-cachs-interrogatories) 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. I recived the discovery forms on the 7th of January and have no idea how to answer the request to the production of documents. This debt is old and there is a chance that potential evidence could have been destroyed. so, how do I answer the Request to the Production of Documents?
  20. Would someone be kind enough to help me in answering the following (received after I responded to the summons admitting only to my name and county residence): CACH,LLC, Plaintiff, vs Defendant( s). PLAINTIFF'S FIRST SET OF INTERROGATORIES To: me, Defendant(s). Pursuant to Rule 1.340 of the Florida Rules of Civil Procedure, you are to answer the attached interrogatories separately, fully, in writing, and under oath. You should deliver a true copy of your answers to the undersigned attorney within thirty days after the date of service of these interrogatories. To the extent that may be required by the applicable rules of procedure and evidence you are hereby notified that Plaintiff intends to use any and all answers to the attached interrogatories as evidence at trial or any other hearing in this case. CERTIFICATE OF SERVICE I CERTIFY that a true and correct copy of the foregoing was furnished by mail… Law offices of --- Attorneys dedicated to debt collection DEFINITIONS A. "Issuer" refers to CITIBANK SOUTH DAKOTA, N.A .. B. "Account" or "the Account" refers to Account Number ************** with CITIBANK SOUTH DAKOTA, N.A.. C. "Card" or "the Card" refers to the [Visa, Mastercard, Discover] card that was issued on the Account. D. "Defendant," "you," "your," or "yours" refers to me E. "Plaintiff' refers to CACH, LLC and encompasses any person, employee, or other entity authorized to act on Plaintiffs behalf. F. "Identify", as used herein with regard to a person, shall mean to provide the following: (1) the person's full name; (2) any other names the person uses or has used in the past; (3) the person's residential address and telephone number; (4) the person's business addressees) and telephone number(s); (5) the person's employer and job title; (6) if the person is a former employee of Defendant, the person's last job title while so employed, and the date of termination; and (7) if the person is not an employee of Defendant but has some other connection with Defendant, for example, agent, independent contractor, officer, director, or customer, the person's connection with Defendant. G. "Identify", as used herein with regard to documents or tangible things, shall mean to describe such documents or tangible things by title, present location, usual location, custodian, and contents. H. The word "document" is used herein in its broadest sense to include any medium upon or with which information is recorded or preserved which belongs to, or is in or subject to the possession, custody or control of Defendant or Defendant's attorneys, agents, employees, trustees, representatives, professional accountants, and any attorneys with whom you may claim the right of joint defense privileges or special relationships, by whomever generated or received, including without limitation: writings; printings; drawings; graphs; charts; notes; typewriting; photographs; slides; motion pictures; videotapes or cassettes; phonograph records; tape or other mechanical recordings; ledgers; books; statements of accounts; journals; notices; letters; catalogs; canceled checks; bank statements; invoices; bills; diaries; purchase orders; memoranda of telephone communications; telegrams; telexes or "TWX's"; telecopies; drafts or preliminary versions of the foregoing; communications to or from any governmental or law enforcement subdivision, officer, or agency; and any other instrument, writing, recording, or data compilation of any nature whatsoever, including any carbon, photographic, microfilm or other type of copy of such items, whether or not such copy is different from the original by reason of any markings, additions, commentaries, revisions, deletions, or substitutions. I. "Communication" shall include, but is not limited to, any oral communications, correspondence, memoranda, reports, records and/or recordings of telephone calls and reports of meetings. J. "Person" means an individual, corporation, trust, partnership, incorporated or unincorporated association, or any other legal entity. K. "Credit bureau" means any person who, for compensation, gathers, records, and disseminates information relative to the creditworthiness, financial responsibility, paying habits, and other similar information regarding any person, for the purpose of furnishing consumer reports to third parties. L. "Chargeoff date" means April 9, 2012. M. "Possession, custody or control" when used in reference to documents or other tangible things includes, without limitation, documents or things in your personal possession, custody or control, documents or things in the possession, custody or control of your attorneys or any other agents of yours, and documents or things which you could obtain, or copies of which you could obtain by reasonable good faith effort. Possession, custody or control includes constructive possession such that the person need not have actual physical possession. As long as Defendant has a superior right to compel the production from a third party (including an agency, authority or representative), Defendant has possession, custody or control. N. "RF A" is Request for Admission. o. "RFP" is Request for Production. INTERROGATORIES AND REQUESTS Interrogatory No.1: Identify all persons who participated in the preparation of the answers to these interrogatories. Interrogatory No.2: If you contend or believe that venue of this action is not proper in the county in which this suit was filed state the factual basis of any such contention or belief. Interrogatory No. 3: If Defendant denies having received the Card identify any persons whom Defendant believes may have received the Card. Interrogatory No.4: If Defendant denies having used the Card identify any persons whom Defendant believes may have used the Card and state whether each such person was authorized by Defendant to use the Card. Interrogatory No. 5: If Defendant denies having accepted each advance on the Card, identify each advance or charge on the Card that Defendant disputes. Interrogatory No.6: If Defendant has refused to admit RFA No. 14 state the factual basis of any such refusal to admit. Interrogatory No.7: If Defendant has refused to admit RFA No. 17 state the balance that Defendant believes to have been due on the Account as of April 9, 2012 and explain how such balance was calculated. Interrogatory No.8: If Defendant has refused to admit RF A No. 18 state the date and amount of each payment that Defendant has made on the Account since April 9, 2012. Interrogatory No.9: If you have refused to admit RFA No. 22 state the facts on which you base your refusal to admit. Interrogatory No. 10: If you have refused to admit RF A No. 23 state the facts on which you base your refusal to admit. Interrogatory No. 11: 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. Interrogatory No. 12: If you have refused to admit RFA No. 24 state the facts on which you base your refusal to admit. Interrogatory No. 13: Identify all persons whom you intend to call as witnesses at trial, other than rebuttal or impeaching witnesses the necessity of whose testimony cannot reasonably be anticipated before trial. InterrogatoryNo. 14: 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 opinions of each such person concerning the subject matter of this litigation. Interrogatory No. 15: Identify all persons whose mental impressions or opinions have been reviewed by any person whom you may call as an expert witness at trial. Interrogatory No. 16: 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. 17: If you have refused to admit RFA No. 25 then, with regard to each charge comprising the Account which you contend or believe to be unreasonable, state the facts on which you base your refusal to admit. Interrogatory No. 18: Please provide the name and address of any and all banking/financial institutions with which you had an account and/or check writing privileges on September 1,2011. PLAINTIFF'S FIRST REQUESTS FOR ADMISSIONS Pursuant to Rule 1.370 of the Florida Rules of Civil Procedure, you are requested to admit the truth of each of the matters stated below and to admit the genuineness of each of the documents that may be attached as exhibits hereto. Pursuant to Rule 1.370 the matter is admitted unless the party to whom the request is directed serves upon the party requesting the admission a written answer or objection addressed to the matter within 30 days after service of the request or such shorter or longer time as the court may allow but, unless the court shortens the time, a defendant shall not be required to serve answers or objections before the expiration of 45 days after service of the process and initial pleading upon the defendant. You are to respond to each of the following requests in writing within the time provided above, by delivering or causing to be delivered to the undersigned attorney a statement admitting or denying specifically, in good faith, each matter of which an admission is requested, or stating in detail the reason{s) you cannot truthfully admit or deny the matter. DEFINITIONS A.- O. same REQUESTS FOR ADMISSIONS RFANo.l: You are a resident of the county in which this suit was filed. RFANo.2: You signed the original application for the Card in the county in which this suit was filed. RFA No.3: You used the Card to make purchases or obtain extensions of credit in the county in which this suit was filed. RFANo.4: Defendant applied to Issuer for issuance of the Card. RFA No.5: The Card was issued to Defendant. RFA No.6. Defendant received the Card. RFA No.7. Defendant accepted the Card. RFANo.8. Defendant signed the back of the Card. RFANo.9. Defendant used the Card to make purchases. RFANo.10. Defendant used the Card to obtain extensions of credit. RFANo.ll: Issuer made cash advances to Defendant, either as actual cash or in payment for purchases Defendant made from third parties by using the Card. RFANo.12: Defendant accepted each such advance on the Account. RFA No. 13: By accepting each such advance under the terms of the agreement applicable to the Account Defendant became bound to pay the amounts of such advances, plus any additional charges provided for in such agreement. RFA No. 14: Until at least the chargeoff date Issuer sent to Defendant on a monthly basis a statement of charges and balance due on the Account. RFANo.15: Defendant did not, within sixty days of the date of any billing statement on the Account send to Issuer a written dispute of the billing statement. RFA No. 16: Defendant has failed to repay all of the advances made by Issuer on the Account. RFA No. 17: The balance due, owing, and unpaid on the Account, after allowing all just and lawful payments, credits and offsets, was $4900 as of April 9, 2012. RFA No. 18: Defendant has made no payments on the Account since April 9, 2012. RFA No. 19: At least forty-five days prior to the date on which you were served with the Original Complaint in this case you received a letter from Plaintiff's attorneys requesting payment of the Account. RFANo.20: The Account was sold to Plaintiff. RFA No. 21: The Account was assigned to Plaintiff. RFANo.22: Plaintiff is presently the owner of the Account. RFANo.23: Defendant is indebted to Plaintiff for the amounts asserted in Plaintiffs Original Complaint in this case. RFANo.24: Defendant is not entitled to any setoff for sums unconnected with payments that have been made by or on behalf of Defendant. RFA No. 25: Each of the charges comprising the Account was reasonable. PLAINTIFF'S FIRST REOUESTS FOR PRODUCTION As to each Request for Production set forth below, the requested items are to be produced and delivered to the undersigned attorney at the Law Offices of, , for inspecting, copying or photographing pursuant to Rule 1.350 of the Florida Rules of Civil Procedure. These requests apply to all described documents and tangible things over which Defendant has possession, custody, or control, and production is to be made within thirty days after the date of service of these requests. All original documents produced and identified as such shall be returned to Defendant within thirty days following receipt thereof. In connection with these requests you are instructed that the phrase "possession, custody or control" has the meaning set forth in the Definitions section below. Privileged Documents: If you withhold any documents based upon a claim of privilege you are to provide a log of such documents, listing them by date, title (or description if untitled), author, and the specific privilege asserted. Lost, Discarded or Destroyed Documents: If any document requested herein has been lost, discarded, or destroyed, please identify such document by providing the following information in your response: 1. Description of document. 2. Date of disposal or loss. 3. Manner of loss. 4. Reason for disposal or explanation of loss. 5. Person authorizing disposal. 6. Persons having knowledge of disposal or loss. 7. Person disposing of document. Authentication and Use at Hearings and Trial: You are hereby notified that all documents produced in response to this request will be used in any pretrial proceeding and at trial. DEFINITIONS REQUESTS FOR PRODUCTION RFP No.1: If Defendant denies having received the Card please produce all correspondence between Issuer and Defendant. RFP No.2: If Defendant denies having received the Card please produce Defendant's checking account records for the period from the account open date through the last payment date, September 1, 2011. RFP No.3: Please produce all billing statements from Issuer to Defendant. RFP No.4: Please produce true copies all correspondence from Defendant to Issuer disputing any billing statement on the Account, together with proof of sending and receipt of such correspondence. RFP No.5: If Defendant has refused to admit RFA No. 16 produce true copies of all payments made on the Account. RFP No.6: If you have refused to admit RFA No. 18 produce true copies of all documents on which you base your refusal to admit. RFP No.7: If you have refused to admit RFA No. 23 produce true copies of all documents on which you base your refusal to admit. RFP No.8: 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 any such contention or belief is based. RFP No.9: If you have refused to admit RFA No. 24 produce true copies of all documents on which you base any assertion of a setoff. RFP No.lO: With regard to each expert identified in response to Interrogatory No. l3 please produce: a. the expert's resume or curriculum vitae; b. all non-privileged notes pertaining to the expert's opinions in this action; c. any reports prepared by such expert; d. all documents and materials reviewed or relied upon by such expert in preparing the report; and e. all correspondence between you or your attorneys and each such expert. RFP No. 11: With regard to each person identified in response to Interrogatory No. 14 please produce: f. the person's resume or curriculum vitae; g. all notes of such person that were reviewed by any expert identified in response to Interrogatory No. 13; h. any reports prepared by such person that were reviewed by any expert identified in response to Interrogatory No. 13; 1. all documents and materials reviewed or relied upon by such person in preparing any such report; and J. all correspondence between you or your attorneys and each such expert. RFPNo.12: Please produce all correspondence between Plaintiff (or any of its attorneys) and Defendant (or any of Defendant's attorneys). RFP No. 13: Please produce all correspondence between Issuer and Defendant. RFP No. 14: Please produce all statements of Plaintiff or any of its attorneys. RFP No. 15: Please produce all witness statements pertaining to this litigation. RFP No. 16: If you have refused to admit RF A No. 25 produce true copies of all documents on which you base any assertion of a setoff. CERTIFICATE OF SERVICE I CERTIFY that a true and correct copy of the foregoing was furnished by to: LAW OFFICES OF , Attorneys Dedicated to Debt collection
  21. Need some legal advice. I have been reading most of the posts on here and this site has been extremely informative. I am being sued by CACH, LLC. for $30,000 in CA. I need to file my answer by the 20th or this Friday! I have it mostly prepared but I could use another opinion in it. 1. There is no mention in the complaint about it being "verified." It does have a Declaration of Venue. Is this considered verification? 2. I ask because I am not sure if I can just file a general denial answer because it is not verified or do I need to file a complete answer because it is over $25,000 regardless of verification? 3. If long answer is required any ideas on what general Affirmative Defenses to use on the initial answer? Thanks in advance for your input!
  22. In mid March, Pentagroup Financial sent a letter offering a settlement amount for a SL account. According to them, CACH LLC has pre-approved me for the settlement. Instead of agreeing to the settlement, I sent a debt validation letter certified mail, returned receipt. Within days, I've got the green receipt card with their signature. On April 9, I didn't get proof for this debt, but ANOTHER letter that CACH authorized a installment settlement amount at a very low price, a total of $1640. They mention I have two months (April 29th and May 29th) to pay off them off before they demand the original payment in full. Is it legal for these people to ignored the DV letter and not properly verify it or prove they have the legal rights to collect in my state? I'm totally lost at what to do next. I know it might be best to consult a laywer to look into this but I don't have the money for that. I forgot to add, I never spoke to these people over phone so this is their first time hearing from me via the DV letter. Also, can one collection agency speak on behalf for another agency? Is Cach LLC and Pentagroup one in the same?
  23. If you reside in Tennessee and you have received a dunning letter from any debt purchaser attempting to collect from you, [be advised] Asset Acceptance is on a tear throughout Tennessee as is Midland Funding, LLC. The latter "usually" sends a letter first through Midland Credit Management before suing through Midland Funding. CACH, LLC is always active as is Cavalry SPV I. That said, these matters are not that difficult to get dismissed but they do require your attention.
  24. Gosh, I wish I found this site sooner…I think I might have screwed up so I would greatly appreciate everyones advice on how to correct where I am at. Background on 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.) c/o Mandarich Law Group LLP 3. How much are you being sued for? $5300 4. Who is the original creditor? (if not the Plaintiff) CITI/Sears 5. How do you know you are being sued? (You were served, right?) Service came to my front door, I picked it up. 6. How were you served? (Mail, In person, Notice on door) Handed Notice. 7. Was the service legal as required by your state? I guess 8. What was your correspondence (if any) with the people suing you before you think you were being sued? I filed an answer contract PLD-C-010 9. What state and county do you live in? Stockton, CA (foreclosure capital) 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 5/2008 11. What is the SOL on the debt? 4 years 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). I received the summons around 7/6/12 Responded with an answer (PLD-C-010) on 8/3/12, requesting validation of debt, etc. Nothing was sent to me by the plaintiff and there was a CMC hearing scheduled for 12/3/12 When I went to the CMC hearing on 12/3/12, they informed me of a Motion For Orders Be Deemed Admitted. I had never received a request for admissions. This was the first that saw this so I received a copy from the clerk, and the judge allowed extension until 12/18/12. I than sent in another Answer Contract (PLD-C-010) response. At the 12/18/12 hearing the judge noted that my second answer contract was invalid. But gave me until 1/18/13 to have another CMC meeting. What is there that I can do at this point?
  25. I am unsure how to proceed. I responded to the original request for admission etc. On the day my response was due to the court the attorney for CACH sent an affidavit from Tom Vigil that CACH owns and can collect, an Affidavit from the bank stating CACH owns the account and the amount, but not the price paid. I sent my own RFA's, RFP's and Interrogatories, as well; I can only assume their response was the affidavit they sentwHAT DO I DO NOW?. I received a court notice for January 14, 2012. Do I send a second request for RFA's RFP's etc. as shown below, how do I proceed, not sure what to do. Responded to Richard Clark and CACH on Nov. 23, Friday, confirmed mail delivery, CACH sent affidavit to court on the 26th a Monday. And trial was set last week for January. 1Who is the named plaintiff in the suit? Myself 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Richard Clark 3. How much are you being sued for? $5,000 4. Who is the original creditor? (if not the Plaintiff) Bank of aMERICA, fia cARD sERVICES 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) Mail, certified, in person and door notice. 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, they called me at work about 4 times. 9. What state and county do you live in? Texas, Harris County 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) August 2009, my ex wife’s account. 11. What is the SOL on the debt? 4 years in Texas 12. What is the status of your case? Trial set. 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No I have not 14. Did you request debt validation before the suit was filed? No I did not 15. How long do you have to respond to the suit? They claim I owe CACH $5,000 dollars on an original credit card of $3,000, that it is my card and I they are know the assignee and the owner and have a right to get a judgment against me. I responded to their original RFA’s, RFP’s and Interrogatories. 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? Affidavit from CACH, and Affidavit from FIA Card Services, Copies pieced together of some credit contact information items, and 4 statements showing no payment. Not sure what to do, do i send the second request for RFA's, RFP's and Interrogatories and then go to court on the 14th? DEFENDANTS SECOND REQUESTS FOR ADMISSIONS, FIRST SET OF INTERROGATORIES, AND FIRST REQUEST FOR PRODUCTION RFA #1 1. Admit that CACH LLC and Richard Clark have failed to respond to the Defendants first request for admissions, first set of interrogatories, and the first request for production filed with court and sent certified mail to the plaintiff. RFA #2 1. Admit that the defendant has no obligation to CACH LLC or FIA Card Services, for the alleged debt. RFA #3 1. Admit that CACH LLC and Richard Clark’s office violated the FDCPA of Texas, as shown by the phone calls that had not been denied in the First Request for Admissions, by the defendant, on 4 occasions, culminating in $4,000 dollars in violation. RFA #4 Admit that CACH LLC files thousands of these junk debt actions without proof monthly across the United States. Admit that in Harris County CACH LLC and Richard Clark filed over 100 such actions in July of 2012, without any proof or validation of the debt.Interrogatory #1 Affiant Interrogatories for Tom Vigil 1. Please explain and define the term “Authorized Agent” Please identify the scope of the authority and responsibilities conveyed by this title? 2. Please identify your function as the person signing the documents, and identify the basis of your personal knowledge. Do you use any other titles in the course of signing documents? If yes please identify the titles and purpose of using multiple titles. 3. Please identify your employer of record as evidenced by the entity that issues your paycheck. Please explain who has authorized you to make the affidavit and who has requested the affidavit that was provided and the dates of those requests. 4. Do you personally enter information into the fields in the software to generate the affidavit or do you simply pick up the pre printed affidavits to sign. Please explain the process in detail. 5. How many affidavits do you prepare and sign in a normal workday? How many Affidavits did you sign on August 16, 2012? How many Affidavits did you sign in the month of August 2012, June 2012, July 2012 and May 2012? 6. Do you have authorized access to original documents within FIA CARD SERVICES? Identify the person(s) who conferred that authorization upon you. 7. Did you as the Affiant physically retrieve the records which you have provided as evidence? Please explain how you access documents used in verification and preparation of the affidavit. 8. For each agreement you contend was offered to and accepted by the defendant, including but not limited to the original account agreement, any amendment to the agreement, any notice of a change in any term of the agreement, or any schedule of interest rates or fees applicable to the account, explain how the agreement was offered to and accepted by the defendant. 9. Explain how each document containing the terms of any agreement for the account or reflecting any amount due on the account was delivered to the defendant, including but not limited to, the original account agreement, any amendment to the agreement, any notice of a change in a term of the agreement, any schedule of interest rates or fees applicable to the account, any credit card issued in connection with the account, and any statement of payments, charges, fees or interest for the account. Include in your explanation the date the document was delivered and a description of the manner in which it was delivered, including, if the document was delivered by the Postal Service or other courier, the location to which it was addressed and whether the document was returned undelivered. 10. For each document you have produced that you contend applies to the account that does not contain the defendant’s identifying information, such as the defendant’s name, social security number, account number, or signature, and that was created by someone other than you, identify the source of the document by stating the date you obtained the document and identifying the person from whom you obtained the document. 11. Please identify what documents were provided directly by you in addition to the affidavit and the dates those documents were provided. Did you attach the aforementioned documents to the affidavit? 12. Please identify how the affiant came to know the facts included in the affidavit, how the affiant knows the documents attached to the affidavit are authentic and/or admissible under the business records rule. 13. Please explain the process and procedure to access the records used to verify the accounts you provide affidavits for. Where are these documents kept in relation to the location of your office? Are files brought to you or do you have to retrieve them yourself? 14. How often have you discovered errors while reviewing records and do you correct errors when discovered? If you do not correct them please identify the process for the correction of errors. Interrogatory #2 Affiant Interrogatories for Justin Taro 1. Please explain and define the term “Authorized Agent” Please identify the scope of the authority and responsibilities conveyed by this title? 2. Please identify your function as the person signing the documents, and identify the basis of your personal knowledge. Do you use any other titles in the course of signing documents? If yes please identify the titles and purpose of using multiple titles. 3. Please identify your employer of record as evidenced by the entity that issues your paycheck. Please explain who has authorized you to make the affidavit and who has requested the affidavit that was provided and the dates of those requests. 4. Do you personally enter information into the fields in the software to generate the affidavit or do you simply pick up the pre printed affidavits to sign. Please explain the process in detail. 5. How many affidavits do you prepare and sign in a normal workday? How many Affidavits did you sign on August 16, 2012? How many Affidavits did you sign in the month of August 2012, June 2012, July 2012 and May 2012? 6. Do you have authorized access to original documents within FIA CARD SERVICES? Identify the person(s) who conferred that authorization upon you. 7. Did you as the Affiant physically retrieve the records which you have provided as evidence? Please explain how you access documents used in verification and preparation of the affidavit. 8. For each agreement you contend was offered to and accepted by the defendant, including but not limited to the original account agreement, any amendment to the agreement, any notice of a change in any term of the agreement, or any schedule of interest rates or fees applicable to the account, explain how the agreement was offered to and accepted by the defendant. 9. Explain how each document containing the terms of any agreement for the account or reflecting any amount due on the account was delivered to the defendant, including but not limited to, the original account agreement, any amendment to the agreement, any notice of a change in a term of the agreement, any schedule of interest rates or fees applicable to the account, any credit card issued in connection with the account, and any statement of payments, charges, fees or interest for the account. Include in your explanation the date the document was delivered and a description of the manner in which it was delivered, including, if the document was delivered by the Postal Service or other courier, the location to which it was addressed and whether the document was returned undelivered. 10. For each document you have produced that you contend applies to the account that does not contain the defendant’s identifying information, such as the defendant’s name, social security number, account number, or signature, and that was created by someone other than you, identify the source of the document by stating the date you obtained the document and identifying the person from whom you obtained the document. 11. Please identify what documents were provided directly by you in addition to the affidavit and the dates those documents were provided. Did you attach the aforementioned documents to the affidavit? 12. Please identify how the affiant came to know the facts included in the affidavit, how the affiant knows the documents attached to the affidavit are authentic and/or admissible under the business records rule and a copy of the alleged original credit application signed by the defendant. 13. Please explain the process and procedure to access the records used to verify the accounts you provide affidavits for. Where are these documents kept in relation to the location of your office? Are files brought to you or do you have to retrieve them yourself? 14. How often have you discovered errors while reviewing records and do you correct errors when discovered? If you do not correct them please identify the process for the correction of errors. I responded to their RFA’s and sent my own as shown below. Defendant response to Requests for Admission, Interrogatories and Requests for Production. Interrogatory #1 RFA #1 Yes, I reside in Harris County, Texas.RFA #2 Defendant did not sign for the card in question.RFA #3 Defendant lacks sufficient information to form a belief as to the truth of the allegations Interrogatory #2 The venue for such an action should and would normally reside within small claims court, as the amount in question is below $5,000 dollars and CACH LLC is stating they own the debt in question and is not an assignee for collections.RFA #4 Defendant did not apply for the issuance of the card.RFA #5 Denied, the Defendant denies any such occurrence.RFA #6 Denied, the Defendant denies any such occurrence.Interrogatory #3 Defendant lacks sufficient information to make such statements.RFA #7 Denied, the Defendant denies any such occurrence. RFP #1 Defendant has no such documents, therefore Defendant cannot produce same. RFP#2 Defendant has no such documents, therefore Defendant cannot produce same. As the plaintiff is aware all financial records had been removed from Defendants possession in August of 2009.RFA #8 Denied, the Defendant denies any such occurrence.RFA #9 Denied, the Defendant denies any such occurrence.RFA #10 Denied, the Defendant denies any such occurrence.Interrogatory #4 Defendant lacks sufficient information to make such statements.RFA #11 Denied, the Defendant denies any such occurrence.RFA #12 Denied, the Defendant denies any such occurrence.RFA #13 Denied, the Defendant denies any such occurrence.Interrogatory #5 OBJECTION: Defendant does not acknowledge the account, therefore the request is improperly based upon facts not in evidence, specifically that billing statements were either sent or received, or that the named parties had any legal basis for allegedly sending said statements. Defendant cannot accurately detail any disputes made absent this information. Defendant had no such statements to dispute.RFA #14 OBJECTION: Defendant does not acknowledge the account, therefore the request is improperly based upon facts not in evidence, specifically that billing statements were either sent or received, or that the named parties had any legal basis for allegedly sending said statements. Defendant cannot accurately detail any disputes made absent this information. Defendant had no such statements to dispute.RFP #3 Defendant has no such documents, therefore Defendant cannot produce same.Interrogatory #6 As the plaintiff is aware, I was at work in Corpus Christi, Texas in August 2009 and returned home to find all my financial records, bank accounts, tax returns, birth certificates, bank statements and jewelry removed from my residence. RFA #15 OBJECTION: Defendant does not acknowledge the account, therefore the request is improperly based upon facts not in evidence, specifically that billing statements were either sent or received, or that the named parties had any legal basis for allegedly sending said statements. Defendant cannot accurately detail any disputes made absent this information. Defendant had no such statements to dispute.RFP #4 Defendant has no such documents, therefore Defendant cannot produce same.RFA #16 Denied, the Defendant denies any such occurrence. OBJECTION: Defendant does not acknowledge the account, therefore the request is improperly based upon facts not in evidenceRFP #5 Defendant has no such documents, therefore Defendant cannot produce same. RFA #17 OBJECTION, Defendant lacks knowledge of such a statement and cannot attest to alleged facts presented.Interrogatory #7 Zero, balance is owed by Defendant to Plaintiff CACH LLC.RFA #18 Defendant has never made payments to such an account.Interrogatory #8 Defendant has made no payments to such an account.RFP #6 Defendant has no such documents, therefore Defendant cannot produce same.RFA #19 Defendant did not receive any letter from the plaintiff.RFA #20 OBJECTION: Calls for a legal conclusion connected to standing to sue. Defendant has no way to determine whether or not CACH LLC owns any such account. Ownership is the Plaintiff's burden of proof.RFA #21 OBJECTION: Calls for a legal conclusion connected to standing to sue. Defendant has no way to determine whether or not CACH LLC was assigned any such account. RFA #22 OBJECTION: Calls for a legal conclusion connected to standing to sue. Defendant has no way to determine whether or not CACH LLC owns any such account. Ownership is the Plaintiff's burden of proof. Interrogatory #9 OBJECTION: Calls for a legal conclusion connected to standing to sue. Defendant has no way to determine whether or not CACH LLC owns or was assigned any such account. Ownership or assignment is the Plaintiff's burden of proof. Defendant has no such account with CACH LLC.RFA #23 The Defendant is not indebted to the Plaintiff and owes the Plaintiff zero dollars and zero cents.Interrogatory #10 Defendant denies he is currently indebted to plaintiff as stated, including attorney's fees and costs of proceeding as he is without sufficient knowledge to justify belief of truth of allegationRFP #7 Defendant has no such documents, therefore Defendant cannot produce same.Interrogatory #11 Defendant lacks sufficient information to contend or form such a belief.RFP #8 Defendant lacks sufficient information to contend or form such a belief.RFA #24 Defendant lacks sufficient information to contend or form such a belief.Interrogatory #12 Defendant lacks sufficient information to contend or form such a belief.RFO #9 Defendant has no such documents, therefore Defendant cannot produce same.Interrogatory #13 Defendant withholds the information due to privilege. Interrogatory #14 Defendant withholds the information due to privilege.RFP #10 OBJECTION: Privileged information.Interrogatory #15 OBJECTION: Privileged information.RFP #11 OBJECTION: Privileged information.RFP #12 OBJECTION: Privileged information.RFP #13 Defendant has no such documents, therefore Defendant cannot produce same.RFP #14 Defendant has no such documents, therefore Defendant cannot produce same.RFP #15 OBJECTION: Privileged information.Interrogatory #16 OBJECTION: Defendant does not acknowledge the account; therefore the request is improperly based upon facts not in evidence.RFA # 25 OBJECTION: Defendant does not acknowledge the account; therefore the request is improperly based upon facts not in evidence.Interrogatory #17 OBJECTION: Defendant does not acknowledge the account; therefore the request is improperly based upon facts not in evidence.RFP #16 Defendant has no such documents, therefore Defendant cannot produce same.RFA #26 OBJECTION: Defendant does not acknowledge the account, nor any such payments. DEFENDANTS FIRST REQUESTS FOR ADMISSIONS, FIRST SET OF INTERROGATORIES, AND FIRST REQUEST FOR PRODUCTION DEFENDANTS INTERROGATORIES, AND REQUESTS RFP#1 1. The alleged credit application form “”Account””, bearing the plaintiff’s signature; RFP #2 2. The alleged credit agreement form “”Account”” that states interest rate, grace period, terms of repayment, et cetera; RFP #3 3. Itemized statements or credit card statements form “”Account”” that demonstrate how the alleged amount of alleged was calculated; RFP #4 4. A contract, agreement, or other means demonstrating that CACH LLC. had the authority and capacity, and was legally entitled to collect on the alleged debt from “”FIA Card Services””; RFP #5 5. Letter(s) sent to plaintiff by FIA Card Services., demonstrating an attempt to collect on the alleged debt. RFP #6 6. A notarized statement, if presently existing or otherwise, by a person with original knowledge of the alleged debt, as it was constituted, and who can testify, or be so interrogated in a deposition, that the alleged debt was incurred legally; RFP #7 7. Any and all further documents that you believe establish that plaintiff had an outstanding account or debt related to “”Account””; RFP #8 8. Any further documentation, beyond what has been previously requested, that clearly establishes plaintiff’s liability and/or responsibility to the alleged debt; RFP #10 9. Any and all written communication, received by the Defendant form the plaintiff, regarding the reporting of the alleged account to any credit reporting agency, as well as Defendant’s accessing of plaintiff’s credit report(s). RFP #11 10. Any and all credit report(s) Plaintiff obtained from any credit reporting agency concerning the plaintiff; RFP #12 11. Any and all notes, memoranda, or likewise, be they handwritten, computerized, or typed, regularly kept in the normal transaction and business of collecting debts, that relate to the plaintiff and/or “”Account””; RFP #13 12. The Plaintiff’s Articles of Incorporation; RFA #1 13. Any letter of sale agreement to CACH LLC and the details outlined within the document, including the price paid for the account between FIA Card Services and CACH LLC. RFA #2 14.. Please provide any documents that identify proper title to the alleged accounts, assignment contracts, off balance sheets, and disclosure statements. Further provide documents that provide proof of a TRUE SALE of assets i.e. alleged accounts that indicate that it is not a disguised loan or default credit swap between CACH LLC and its agent’s subsidiaries into holding companies, trusts and assigned collection agencies. RFA #3 15.. Admit CACH LLC and Richard Clark solicited the alleged account for the purpose of filing suit against the Defendant. If Denied please explain RFA #4 16. Admit: CACH LLC has never participated in any form of Derivative Credit Default Swaps. If Denied please explain RFA #5 17. Admit: CACH LLC has never entered into a Factoring Agreement regarding defaulted debt. If Denied please explain RFA #6 18. Admit: CACH LLC has never mis-represented the identity of a plaintiff in a court action. If Denied please explain RFA #7 19. Admit CACH LLC purchases defaulted debt for pennies on the dollar with the intention of filing suit to recover the debt. If Denied please explain RFA #8 20. Admit: By purchasing defaulted debt CACH LLC has injured themselves, If Denied please explain the difference in appraised and purchased value of the alleged debt. RFA #9 21. Admit: That the true market value of the alleged debt is the amount paid by CACH LLC for the alleged debt. If denied please explain the reason for the difference in value form the percent paid for the alleged debt and the amount claimed as due and owing. RFA #10 21. Admit: That the CACH LLC and alleged debtor have never entered into a mutual contract. If Denied please explain RFA #11 22. Admit: That the alleged debtor has never borrowed money from, or received credit form the CACH LLC. If Denied please explain RFA #12 23. Admit: CACH LLC and Richard Clark placed phone calls to alleged debtor for the purpose of collecting a debt. RFA #13 24. Admit: CACH LLC and Richard Clark placed debt collection calls to ???? a work cell phone provided by the Defendants employer. If Denied please explain RFA #14 25. Admit CACH LLC and Richard Clark did not have permission or was authorized to call an employers cell phone in an attempt to collect a debt. If denied identify the source of the authority to call aforementioned cell phone. Interrogatory #1 26. Please identify all persons whom you intend to call as witnesses at trial, other than rebuttal or impeaching witnesses the necessity of whose testimony cannot reasonably be anticipated before trial. Interrogatory #2 27. Identify all persons whom you may call as expert witnesses at trial and state the subject matter of each person’s anticipate testimony and opinions of each person concerning the subject matter of this litigation. Provide the witnesses curriculum vitae, all notes pertaining to the experts opinion in this action, any reports prepared by the expert, all documents and materials reviewed or relied upon by such expert in preparing the report and all correspondence between you or your attorneys and such expert. RFP #14 28. Please produce all correspondence between the Plaintiff and the Defendant. RFP #15 29. Please produce all correspondence between the CACH LLC and FIA Card Services. RFP #16 30. Please provide all witness statements pertaining to this litigation. Interrogatory #3 31. Identify all persons whose menial impressions or opinions have been reviewed by any person whom you may call as an expert witness at trial.