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Found 105 results

  1. 1. Who is the named plaintiff in the suit? Cach LLc 2. What is the name of the law firm handling the suit? Nxxx 3. How much are you being sued for? 7.5k 4. Who is the original creditor? HSBC 5. How do you know you are being sued? (You were served, right?) looked on county website and there is case. Looked at credit report and noticed law firm accessed it. I made a copy from the clerk too. 6. How were you served? (Mail, In person, Notice on door) never served 7. Was the service legal as required by your state? Not sure. It has been filed with the county courthouse. 8. What was your correspondence (if any) with the people suing you before you think you were being sued? possible letters from them but was thrown away for junk mail since dont live there, but still recieve personal mail there. 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) 2010 11. What is the SOL on the debt? 4yrs? Hi, been reading so much on here with good information, but cant find one similar to mine. Just need advice on what to do. I talked with a laywer about my situation and he says I can send a settlement letter within my budget. I would, but reading on here looks like there is ways to beat it. The last I looked online it was filed 9/4, then the recent one says Decl:non service on 9/21 . Any advice would be appreaciated Also, looking at the copies, it does not mention any acct# numbers of original creditor except the name, I don't know how they came up with such a amount.
  2. 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?
  3. 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.
  4. Well Cach LLC is coming after me. They sent me a complaint and Declaration of Venue. The complaint does not have verified signature only the Declaration does. I have received the cookie cutter letter that seems like everyone gets. 1. Who is the named plaintiff in the suit? Cach LLC 2. What is the name of the law firm handling the suit? Mandarich Law Group LLP 3. How much are you being sued for? $12,416 4. Who is the original creditor? (if not the Plaintiff) HSBC Bank Nevada 5. How do you know you are being sued? Served 6. How were you served? Mail and father was served In person (although not listed on the suit) 7. Was the service legal as required by your state? Not sure, father didnt accept it and she threw in on the ground. 8. What was your correspondence (if any) with the people suing you before you think you were being sued? I dont know. I do not live at the address they served at my parents. I dont believe they have my address. 9. What state and county do you live in? CA - Napa County 10. When is the last time you paid on this account? "Within the last four years" - per the suit. I will get into more detail in next post. 11. What is the SOL on the debt? To find out: 4 12. What is the status of your case? Suit served 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? 30 Days - Complaints are for 1. Breach of Contract and 2. Common Counts Did you receive an interrogatory (questionnaire) regarding the lawsuit? No 16. What evidence did they send with the summons? Its still in the complaint stage I hope this is a good start. I really need help! I am def not law literate.
  5. Here is what NervousOne and I came up with in his Opposition to MSJ. DEFENDANT’S OPPOSITION TO SUMMARY JUDGMENT Now Comes NervousOne, Defendant Pro Se and responds to the Plaintiff’s Motion for Summary Judgment pursuant to MCR 2.116©(9) and (10) states as follows: INTRODUCTION Summary disposition under MCR 2.116©(9) is proper if a defendant fails to plead a proper defense to a claim. Nicitia v. Detroit (After Remand), 216 Mich App. 746, 750, 550 N.W. 2d 269 (1996). A motion under MCR 2.116©(9) tests the sufficiency of a defendant’s pleadings by accepting all well-plead allegations as true. Lepp v. Cheboygan Area Schools, 190 Mich App. 726, 730, 476 N.W. 2d 506 (1991). If the defenses are so clearly untenable as a matter of law that no factual development could possibly deny plaintiff’s right to recovery, then summary disposition under this rule is proper. Id, quoting Domako v. Rowe, 184 Mich App. 137, 142, 457 N.W. 2d 107 (1990). A motion under MCR 2.116©(10) test the factual sufficiency of the complaint. In evaluating a motion for summary disposition brought under this subsection, a trail court considers affidavits, pleadings, depositions, admissions, and other evidence submitted by the parties, MCR 2.116(G)(5), in light most favorable to the party opposing the motion. Where the proffered evidence fails to establish a genuine issue regarding any material fact, the moving party is entitled to judgment as a matter of law. Quinto v. Cross & Peters Co., 451 Mich. 358, 547 N.W. 2d 314 (1996). STATEMENT OF FACTS 1. On June 15, 2012, the Plaintiff “CACH” filed a complaint Clare County District Court alleging two claims of a breach of contract and account stated along with an affidavit from an employee of CACH which was dated September 29, 2011 though the summons was issued on June 15, 2012, which does not comply with MCL 600.2145 “Account Stated” where the affidavit and account need to be attached to complaint, the affidavit needs to be dated within 10 days of the summons in order for it to be deemed Prima Facie evidence to create an account stated claim, the Plaintiff failed to comply with this law. 2. The Defendant filed an “amended answer” with the court on November 6, 2012 denying the claims of the Plaintiff and stating two defenses of 1) A Lack of Standing 2) Failure to State a Claim, along with a counter-affidavit denying the account and the amount allegedly owed to the Plaintiff. 3. Plaintiff has proved no evidence that the Defendant defaulted on payments or that the Defendant was the one who made payments on said account. 4. The Plaintiff never plead in their complaint a clear assignment from HSBC or Household Finance to CACH, this error is fatal their attempt to obtain a summary judgment under MCR 2.116©(10). 5. The Plaintiff has not established that they have purchased this account, the Plaintiff has only provided a bill of sale from HSBC that does not state or show the Defendant’s alleged account or provided additional documents that form the bill of sale or assignment of accounts, Furthermore the affidavits of both Peter Huber and Tom Vigil are used in trying to comply with MRE 803(6) to serve as a foundation to use the bill of sale in CACH’s motion for summary judgment, but they are attesting the wrong account. 6. The Plaintiff provided an affidavit to support the assignment of the account from an employee named Tom Vigil who is an authorized representative of CACH in an attempt to authenticate a document that was created by another company, this error is fatal to their claims. 7. The Plaintiff cannot clearly show that they have standing to enforce their claims in which they failed to state a claim which relief can be granted., therefore the Defendant has provided a valid defense to the Plaintiff’s claims that will invalidate their cause of action under MCR 2.116©(9). 8. As a result, there is a genuine issue of material fact that shows that the Plaintiff is not entitled to relief for $14,028.80 plus interest, costs and attorneys fees under MCR 2.116©(9) and MCR 2.116©(10).
  6. CACH LLC is not registered with the California Secretary of State's office to do business in CA. This article http // www patriotmoney com /debt/Understanding_FDCPA pdf says: "not include any assignment agreement from the creditor, did not include evidence of consideration for that agreement, or for your consent to enter into any so-called obligations with the collector (unless you made payment), and many times, the fact that they are not registered with your state’s Secretary of State to do business in your state. It is always good practice to obtain a certificate of non-existence from your Secretary of State for any third party debt collector so that it can be used in court. Failure to register means that the collector is not authorized to file any lawsuits in that state. Any thoughts or pointers on this? I vaguely remember seeing something saying out of state companies could hire lawyers to collect, but CACH does -thousands- of collections in California, which seems like 'doing business' to me.
  7. 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.
  8. I filed an answer and BOP in response to a summon received from CACH LLC and their attorney Mandarich Law Group. Got an objection letter from them refused to provide anything. Literarily NOTHING but a letter saying they are not going to provide a response and use Distefano v. Hall for their reason of objection. I found a draft of M&C by Calawyer stating that they can't just refuse to provide since Breach of Contract is one of their cause of action as well. I will send out the M&C today but Do I need to use POS when I send it out? And do I need to do a Request for Production of Documents? If Yes, when do I do that? (after they reply my M&C letter?)
  9. 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?
  10. Hello All, Good stuff here so I thought I would try and get the same help. I received a summons from Cach,llc represented by Mandarich Law Group, LLP in Ventura County, CA. Can someone please outline (flow chart) the steps to take and where I might obtain the necessary forms. For example; Received Summons: File your "Answer": link: Answer to form Then submit Bill of Particulars: one to the courts and one to the attorneys Then... I sincerly apologize if this is redundant to most of you but thank you for your time and consideration. joesy wales
  11. I have received phone calls from JDBs about two debts that are outside the SOL in South Carolina. Neither has left a message and I haven't received anything in writing either but I can see the names of the JDBs on my credit report. Should I send them C&D letter or just wait and see if I get sued and then have it thrown out? One JDB is a law firm representing Cach Llc, the other is for a $250 debt on a store card; my ex was not authorized on either account and I explained that to both original creditors and the debt was written off but then recently sold to JDBs. Any advice? Should I be proactive or reactive? Also, debt collectors constantly call for my ex. How do I get them to stop robocalling me? Any letters that they might send to this address would be forwarded or destroyed so I don't have info beyond the numbers on my caller id box and the daily messages asking for him.
  12. Hello Everyone, I am still continuing to deal with CACH LLC on a debt so here is where we stand now. I will insert my questions in the post. This debt went from the OC to a 3rd party agency who I nailed on FDCPA violations. In September this debt then went to the Law Offices of J. Bonewicz. When I spoke to their rep on the phone there were clear violations to the FDCPA. My Attorney sent them a letter and he is handling the FDCPA violations from Bonewicz. Today I found out (via credit alert w/ Experian) that on November 15, 2012 CACH LLC put this account on my Experian Credit File, even though they know I am represented by an Attorney and the account is disputed. (question) does this violate the FDCPA by CACH, LLC further? Apparently Attorney Bonewicz is no longer the Attorney handling the account, CACH, LLC has transferred it to another Attorney who is in Denver CO. (question) do I have to send another DV letter to this new Attorney or should I send it to CACH, LLC since they are the ones who placed the negative trade line on my credit file AND do I also dispute this with Experian? I have not received any dunning letter from this new Attorney who received it in his office on 10/24/2012 according to CACH, LLC. I am trying to make sure that I am taking the right steps here to dispute this account. I spoke to a CACH, LLC Rep today and she told me they have thousands of Attorney's who will know how to handle me. I am thinking that I should also dispute this with Experian, and check the other CB's to see if anything is listed on their as well. Any insight as to what I should do?
  13. Hi all, new here so hopefully I am doing this right. I literally just got back from court and unfortunately CACH LLC won. The original debt was $1600.00 and with their fees and all that they were awarded it is now $2200. I tried my best in court citing things that I thought were inconsistent in documents they presented but they judge awarded CACH LLC just like I thought. My basis on fighting this was that I did not agree that CASH LLC owned my debt and I disputed the amount. I did not deny it was my debt, I just couldn't lie. Anyhow, I informed the court that I have been unemployed for 2 years and that is why I have not paid. I have not been able to collect unemployment for that time. Now, I have a truck ('04 Tacoma) that is payed off as of 2 days ago. My husband got a loan from his boss that he will work off. The loan amount was for $1700. According to kbb my truck is worth approx $3000 and the only exempt info I found for ca is $2300 for a vehicle. So do you think they will take my truck? Additionally I was going to put my truck in my husbands name since he secured the loan to pay it off AND he uses the truck daily to go to work. I do have one other car worth maybe $500 ('75 rusted out, dog walking Duster)
  14. Hello all, Thank you everyone for all the info on this site! Little about the case,i was sued by Cach llc in turn hired a law office in my state (Michigan) to collect on their behalf. After reading through post after post on the proper way to answer a summons i had no idea what to do so last minute i threw something together and filed with the court. Went to pretrial and set for discovery and the judge told me to find a lawyer and Amend my pleadings. So here i am asking what i did wrong with my answer so i can amend them to have a fighting chance. I am so lost:( #1-Def entered contract with plaintiff or its assignor acct#xxxx (Answer-Deny Def never entered into contract with plaintiff) #2-Def defaulted under terms of contract (Answer-Deny no contract w/plaint #3-Plaintiff or assignors completed performance under terms of contract. ( answer-no contract with plaintiff) #-4 Acct has been stated. (answer Deny no contract with plaintiff) #-5 Def default claims breach of contract,acct stated or unjust enrichment.(answer-Def has no acct or contract with plaintiff ,purchased debt causing injury to own self. #6-Amount due to plaintiff is $xxxxxxxx (answer Def does not agree with amount due) The only Affirmative defense i used was (Failure to state a claim) The only thing attached to the summons was a affidavit signed and notarized. How can i Amend these to stand a chance? Thank you so much.
  15. My husband and I need help. My husband is/was being sued by CACH LLC. He received a summons/complaint Oct.2nd.... we vacillated back and forth about what to do all the while the 20 days to answer to the complaint/summons ticked away. I kept telling him that we could fight this in court, but he was afraid of taking time off work because of the economy being what it is, and he is a foreman in charge of others... it is not easy for him to leave. So it came to the point where I had to say look something has to be done, or CACH is going to win a judgement against you.... you can't freeze up on this...it is not going to go away. My husband said he feels obligated to pay the debt that he owes the original creditor which was/is Roomstogo/Citicorp. I told him that was not going to happen because the debt had been sold to GEMONEY, then they in turn sold it to CACH LLC. In the complaint by CACH there were several things I felt we could have fought and won against... such as the fact that the account number from the original creditor was different from GEMONEY, money amounts are different as to what is owed, interest in contract is different from original creditor, and GEMONEY... GEMONEY interest rate was and is abusive as to what is allowed in Florida, there is no chain of ownership relating all the way back to original creditor... example no sale or assignment of roomstogo to GEMONEY... only an affidavit of sale from GEMONEY to CACH LLC, from someone in Ramsey county Minnesota stating he has personal knowledge of this account, and he is swearing and attesting it is true, and it is notorized... but there is a statement or line in this that is completely false, and makes me question the whole validity of this particular notorized document... remember that I said the account numbers are different? Well this affidavit states that if the debtor, XXX XXXXXXX is a resident of the state of California, then this statement is true..... My husband has never even visited the state of California, muchless ever lived there, and we don't have any relatives from there. So even knowing all this... my husband said... Look call them CACH LLC and see if we can work something out, and make this go away.... he didn't want to risk losing his job, over to going back and forth over this stuff. So I did...very reluctantly... and I specifically told them that we were even questioning whether this person was even my husband because of the affidavit... Long story short we entered into an agreement for payment that was drawn up by CACH LLC, submitted over email, and then followed by a hard copy in the mail, and this along with the answer to the summons was signed and sent to the court as an answer to the summons, which my husband answered true to all the complaints on.... nothing more... just true....and the agreement stipulation between himself, and CACH LLC. The judge signed off on it, and placed a stay on it... we did not even have a court date yet, no pre-trial hearing nothing... there wasn't even a case number yet.... So my husband and I are thinking okay well this will be behind us now, and we won't have to worry about it... we have faced the thing face to face.... So between the time the summons was received Oct. 2nd, and answered Oct. 17th, and when the judge signed off, and stayed the case....Oct. 31st. Now comes the mail on Nov. 17th....letter dated Nov. 14th....from CACH LLC attorney...who we are sending payments already to as agreed in the stipulation.... He now says that CACH LLC is now stating that they will now accept payment in full ONLY if it is paid in full by Dec. 28th, and the remainder of the amount owed between what was agreed, and interest, and attorney fees will be dropped.This is NOT what the agreed stipulation was.... they suggested what was finally agreed on, wrote up the instrument, and we signed it, and have followed through in good faith on the stipulation. I am furious!!! I can only think that their (CACH) reasoning is that since they drew up the agreement ...they know that all their interest, and attorney fees is going out the window. So if we can't now come up with the balance of what was agreed on by their NEW letter to us, then they can file with the IRS the difference between what the stipulation to the court was, and what they (CACH) says is totally due... Oh I forgot to mention... in the stipulation CACH states that if the agreed upon amount is paid by the following dates and completed balance is paid by the last day of the month in Feb. then all interest that was accruing per annum would be eliminated, and the 3000.00 agreed upon by the Feb. 28th date would be PAYMENT IN FULL. How can CACH come to us with this second letter now, and say oh we changed our minds, now it has to be paid in full by Dec. 28th, or everything attaches to what we say is the original amount? Isn't the stipulation in the court a protected agreement, doesn't that have to be followed, not only by us, but also by CACH? What should we now do.... I know, I know, we shouldn't have EVER entered into this in the first place, and fought it.... Is there even a case if it never went to court? If there is can we go back and file a Motion for Specific Performance, and ask the court, by proof of this second letter to make CACH comply with what they drew up as the agreement, and also is there any way to head off the IRS on this if CACH tries to enter the other amount in a 1099C since the stipulation is for payment in full 3000.00, not the 7627.96 which they say included interest, and attorney fees... can I mail them(IRS) a copy of the stipulation for payment in full about the 3000.00 so if CACH comes to them with a requesr for filing a 1099C against us they can't, or hopefully not be able to obtain? I don't want to rescind the stipulated agreement, because I know CACH will come back with a summary judgement, all I want to do is make them keep their word, and admonish them for this second letter.... some how. Thank you .... any help on this will be greatly appreciated.
  16. So I will try to make this as short as possible while still being detailed. Back in May 2009 my now ex fiance and myself went in to buy a new bed. Once we decided on what to get she wanted to try to apply for it herself but doubted that she would get approved because of her credit history. The slimy salesman had us fill out 2 applications one with me as a co-signer and one without (I know I know, shame on me for co-signing). The salesman leaves for a few minutes to run her credit then comes back stating that she was approved without me having to co-sign. We ended up splitting a couple months later. Early 2010 I ran my annual credit report as I have done for the past 8 years and noticed that I had that loan on my credit, which had never had a payment made. Never once had I received a phone call or letter stating that the account was delinquent. I had contacted citi who was the OC and they sent me a copy of the agreement, which ended up being the one we were told wouldn't be used with me as a co-signer, that clearly had my name, address, phone # and ssn on it. I responded to that stating that I had never been contacted and that need to contact the primary account holder and I provided them with her home and cell #'s as well as her parents home address and cell #'s. After that I once again never heard a thing so just let it go. Now 2 years later I receive a letter from an attorney that they are collecting the debt for CACH LLC. I send the a debt validation letter registered and again never heard a word. This was back in January and as I had spotless credit up until this bed thing I was clueless on the process. I again just decide to forget about the whole thing. Then in August I received another letter from a different attorney in a completely different state from the first stating almost word for word what the first one said. I sent another validation letter at around day 20 after receiving the notice again registered with no response. I am about a month and a half passed when I sent the letter. What should I do now? I just find the whole thing odd that the OC as well as CACH LLC clearly have had my contact info yet aside from these 2 letters from attorneys I have never heard a word on the account. I would really just like to get my credit back to where it used to be and get one with my life. Also being 3 years later and having a very bad break up I have no way of getting in contact with her or anyone connected to her.
  17. I just got served 2 weeks ago, sued by CACH LLC, original creditor was BOA. After reading many of the posts here, I know I should file an answer or general denial. Since Calawyer said, if it is not verified I can go with the simpler one PLD-050 So I am trying to fill out PLD-050 and I searched many of the posts but couldn't find an example. Can someone copy and paste a link to me or do I just simply put my affirmative defenses on the 2nd section on the form where it says: "Defendant states the following FACTS as separate affirmative defenses to plaintiff's complain" ?
  18. 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? approx $2,000 4. Who is the original creditor? (if not the Plaintiff) Washington Mutual 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? Process Service Requirements by State - Summons Complaint Yes 8. What was your correspondence (if any) with the people suing you before you think you were being sued? No recollection 9. What state and county do you live in? California, Sacramento County 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) I do not remember. 11. What is the SOL on the debt? To find out: Statute of Limitations on Debts 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). I got served last month, forgot about papers until today, been about a month. Will call court monday, general denial and POS ready to be printed. 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) I had a credit counseling agency i was working with last year. I am not sure what they did if anything. 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? Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits 30 days 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. None 17. Read this article: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits Done
  19. 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.) Borns and Steele 3. How much are you being sued for? approx $5,000 4. Who is the original creditor? (if not the Plaintiff) MBNA 5. How do you know you are being sued? (You were served, right?) Saw judgement on credit report 6. How were you served? (Mail, In person, Notice on door) I don't know, I don't live in the USA right now 7. Was the service legal as required by your state? I don't know, I don't live in the USA right now. 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? Indiana 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 2007 11. What is the SOL on the debt? To find out: Statute of Limitations on Debts 6 years in Indiana 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). The case went to court and the plaintiff was awarded a default judgement in June of 2010. 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? I think I'm past that point. 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. None that I know of. It would have been sent to my mom's house and she has no recollection. 17. Read this article: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits Done
  20. I have so many questions I don't even know where to begin. Below is the standard questions and responses. 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? 24,000 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?) Served 6. How were you served? (Mail, In person, Notice on door) County processor came to my door 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? Nothing in writing except the threat to take me to court if I didn't pay them. I referred them to my bankruptcy lawyer and asked for supporting documentation. They never sent anything to me or my lawyer. 9. What state and county do you live in? CA El Dorado 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) July or August of 2009 11. What is the SOL on the debt? To find out: 4 years in CA, 3 years in DE 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). Going to court mid-week. I filled a response denying the charges and requesting more information. 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.. with Cach. They ignored my repeated verbal and one letter I sent them. If this is a legal term with a special form, then 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. I filled my response with the court. 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Nothing. *** Here are my questions/concerns *** My bankruptcy attorney has most of my paper work. Unfortunately, I gave him all the originals. I tried to get copies from BofA from my checking account but I don't think they will arrive on time. I've been trying to get a hold of my attorney but so for he's unresponsive. I have a copy of the complaint, my credit reports, and when I stopped paying the card. According to the credit report, my last payment was July 2009. I know the SOL in California is 4 years, however, in one of the other threads I read how BofA's credit cards are based out of Delaware. If they can prove they own the debt, then isn't the contract limited to 3 years as stated in Delaware law? If so, what kind of documentation do I need to present in court? Does the SOL freeze when they filed suit? If it does, I think I'm screwed. If not, then I beat it by a couple of weeks. Worst case- do they automatically request wage garnishment or do we talk settlement if I'm behind the 8 ball? This is what pisses me off about Cach. And I was ready to pay them off if they could prove the account information and that they owned the account. They NEVER responded to my requests even though they said they would mail it out. Sometimes they would say, "Well, you have an attorney so we can't talk to you or send you the information." I was like, then why are you calling? They never called or sent the info to my attorney either. But they sure as hell pushed forward with the civil case. I'll see in a couple of days if I get my arse handed to me or if they don't even show up. The funny thing is, they are out of woodland hills in the LA area. I'm in Northern Cali.... I guess there is a chance they rented a local attorney to represent them.
  21. Hi Everyone, Looks like Cach, llc has been quite busy.. I need help on what to do or how to handle this lawsuit I received recently. Any opinions 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? Rather not say, they might be snooping. 3. How much are you being sued for? $2,000.00 plus court cost and interest. I assume this is small claims court. 4. Who is the original creditor? (if not the Plaintiff) G.E. Money Bank>Sound Advice. 5. How do you know you are being sued? Process server at the door. 6. How were you served? To me personally. 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? No verbal, only Validation letters. 9. What state and county do you live in? Florida. 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Early 2011. 11. What is the SOL on the debt? To find out: I believe 4 or 5 years, don’t know for sure. 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 Notice to Appear for Pre-Trial Conference/Mediation. I was served on 10/18/12 and Pretrial Conference is set for 11/13/12 (less than 30 days from time it was served). 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency? Yes, numerous times and it comes back as verified. 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. After discovering them in the Credit Bureaus I sent them (CACH) letters requesting validation. They never responded. Unfortunately I did not send the letters certified. 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? It doesn’t state I need to respond, only to appear. But I read in Florida Small Claims Court Procedures it states if you are going to counterclaim it must be recorded 5 days prior to the pre-trial hearing. They are claiming Count 1 -UNJUST ENRICHMENT, Count 2-ACCOUNT STATED. I did not receive any interrogatory regarding the lawsuit. 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Exhibit A: Bill Of Sale. Which states in the single paragraph: “For value received and in further consideration of the mutual Covenants and conditions set forth in the Forward Flow Receivables Purchase Agreement dated October 4, 2010 by and between GE Bank and CACH LLC, Seller transfers, sells, conveys and deliver to buyer assigns without recourse except as set forth in the purchase agreement and delivers by seller to buyer on each transfer date, and as further described in the purchase agreement”.. It was only signed by the sellers and nowhere was there an area for CACH to sign. The signatures were dated 1 year later on October7, 2011. There is no mention of my name or any account number anywhere. Exhibit B: Affidavit of Sale from State of Minnesota: affiant stating to be a collections Operations Representative at GE Bank. Affidavit states my name and an account number stating this is my account and it was reflected in the system of GE Bank that this account was sold to CACH LLC. At the bottom above the signature it states “The following statement pertains if the debtor referenced above is a state of California resident (which I am not): I certify under the penalty of perjury under the laws of the state of California that the following is true and correct. It was signed this last June, 2012. Affidavit had no letter head from the Bank, it looks like something I could create. It was also notarized. Exhibit B: 2 bank states, 1 in Feb. of 2011 showing a payment and 1 statement in August of 2011 showing a charge off. Neither statement shows any purchases. I was wondering if I could countersue to have them delete their tradelines from the credit bureaus. I really don’t know how to attack this lawsuit. General Denial? Etc.
  22. I saw in one of the post from Calawyer saying that if the complain is not verified I can use General Denial. But I just saw this under Orange County court website "You may use a General Denial form if the complaint is not verified or the complaint is not verified and the case is a limited civil case ($25,000.00 or less) BUT NOT if the complaint involves a claim for more than $1,000.00 that has been assigned to a third party for collection." I got served by CACH LLC and the original creditor is BOA. So does that count as been assigned to a 3rd party for collection? which means that I can't use the General Denial?
  23. Hello I have been gathering lots of great info on this board but recently signed up as I tried to collect my thoughts before asking for guidance on here. I apologize in advance if I am not posting in the right forum. I have received a summons recently and it is marked as a "Verified complaint for breach of contract; common counts "amount demanded does exceed $10,000" I am trying to find the best way to tackle this. We are answering by denying allegations and asking for a bill of particulars but not sure how best to word this on the answer and BOP? I do have a few questions and if possible can we add this to the answer? If yes, how should it be worded? 1) They attached a undated consumer credit card customer agreement and a pricing addendum that is recent. It does not have my account info or name(s) or signature on it. The account is stated in the complaint but there is no original agreement attached. 2) The affidavit of debt lists my complete credit card # is this allowed? There is no bill of sale attached. The affiant states, "to the best of Affiant's knowledge, information and belief, there are no uncredited payments, just counter claims or offsets against the account and underlying debt" Can we argue against the Affiant'sclause "to the best of Affiants knowledge?" If yes, how should we address it? 3) They attached what seems to be a computer generated statement that does not look authentic. Looks like something that could be manually typed up as it is not a original copy of a statement on the credit companys letterhead. 4) I found out the law office handling this JDB case by Cach LLC pulled a regular inquiry on my credit report last year. Is this legal? I just received the summons. 5) They attached a copy of the letter in the summons that said they mailed us a written notice of the transfer of all rights under the agreement and mailed it via first class mail. They also mentioned a "a true and collect copy of the letter to defendent notifying them of Plaintiff's intent to seek attorney's fees and costs is attached in exhibit "X". We never received such a letter. How can we respond to this? This is what I have for now. Sorry for the long winded post but I am trying to get everything together as I need to send the answer ASAP. Thanks in advance for any help or light you can shed on this newbie!
  24. Just got a summon 5 days ago, felt helpless until I found this forum. Please HELP!!!!
  25. I just spoke with the CS of a law office for CACH LLC saying that my account has been sold to them for less than $400.00. I told them I can't afford that $200 settlement (i could but i don't want to because she became so rude) and asked for the name and address of the original creditor. She just said the name of the original creditor and said it was sold to them. I mentioned about JAMS and she became extremely rude. Saying that the arbitration agreement is not valid and has expired since I stopped paying on my account and that she will marked the account as "refuse to pay". I said.. Ok. What is my next step now?