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  1. I received a Writ of Garnishment from CACH, LLC which was POS in 2010 at an Address I No longer lived at and to a minor! Original amount was 3K but with Interest from 2010 it's now over 7k. Just found out by Certified mail and asked for validation which I didn't receive. SOL in Oregon is 6 years but by getting a Default Judgement they get another 10 years. I want to pursue a MTD or Vacate on the Basis of Sewer Service which Violates the FDCPA what are my options
  2. Cach, LLC, represented by Mandarich, sued me for breach of personal guarantee on alleged defaulted loan for $205K. Trial is 4/16/18 and FSC is 4/10/2018. All docs with exception of Trial Briefs have been submitted. Trying to get them to dismiss for lack of standing that is more egregious than usual. Here's what I wrote to their lawyer (who hasn't been a member of Cal Bar for even a year):In the Complaint CACH alleges that it is the “assignee of original creditor Bank of Internet,” but the “Bill of Sale” offered as EXHIBIT 1 to the JOINT EXHIBIT LIST states that CACH purchased some “Charge
  3. Hello everyone. I've been sued by a JDB in California. I've been lurking. Thank you for your incredibly helpful advice so far. Here are my details. Who is the named plaintiff in the suit? CACH What is the name of the law firm handling the suit? Neuheisel How much are you being sued for? 15K Who is the original creditor? First Bankcard, NE How do you know you are being sued? Served How were you served? In person Was the service legal as required by your state? Yes What was your correspondence (if any) with the people suing you before you think you we
  4. Hello. I had a loan with Springleaf. I became seriously ill and lost my job. I had to move in with my adult daughter. Springleaf charged off the debt, but jdb Cach, LLC picked it up and have filed suit. My question is this: My contract with Springleaf had an arbitration clause in it. Does that clause apply to Cach, LLC too? I have filed an Answer and received an order to produce and interrogatories. I'm trying to proceed cautiously. By the way, before Springleaf charged the debt off, they asked why I missed two payments. I told them the situation and they said not to worry, they wer
  5. 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 defen
  6. "In the State Court of XXX County" I have 30 days to respond with an answer. Cach, LLC complaint comprises of 19 line items, exhibit A (bill of sale and assignment, signed by citibank N.A. Mgr--not notarized--and is this the affidavit?), exhibit 1 (only stated in exhibit A as accounts described in exhibit 1 and the final electronic file), and exhibit B (Sears account statement). My defenses are: 1. Exhibit A not notarized 2. Exhibit A only refers to citibank and zero mention of defendant or account number, or sears 3. Exhibit A has date of sale in narrative in 1st paragraph. Second paragrap
  7. 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 chi
  8. I've been putting off dealing with my lawsuit for the sake of my health and sanity but now it is crunch time. I'm wondering if it is too late for any kind of motions such as motion in limine? In my Demand for Bill of Particulars I asked for: 1. The defendant's application for credit card issued by original creditor GE Capital Retail Bank. 2. The credit card agreement (alleged in paragraph 7 of the complaint) 3. Monthly billing statements reflecting all charges, credits, interest accrued, fees, including but not limited to late fees, and payments alleged in paragraph 9 of the complaint.
  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
  11. Heading to court later this year against Unifund in Northern California where Judges seem to be very lenient on the hearsay/business records exemption. Was wondering if anyone has had any success with citing CACH v. Rodgers...I know it can't hurt...but most of the cases I've looked into around here the Judges seem to be snubbing their noses at Rocha. Pretty much all the JDB needs is a few statements, affi's, generic bill of sale and it's over. Any and all input welcome.
  12. Well had court today. Judge denied Motion to Compel Arbitration even though Card Agreement was from account in Question, didn't give a reason guess he wanted jurisdiction, wouldn't even look at My JAMS case paperwork ( JAMS accepted and gave me a Number and served me and plaintiff). Talked with another attorney that hung around to talk with me, his business was done but he hung around till I was through...he wrote most of OK's Uniform Arbitration Act, he wanted to tell me not answering DV is a FDCPA violation...Betwee that and the overshadowing..least sophisticated consumer thing they pull
  13. Need help to beat a JDB. just need to answer special ROGS. I need to beat them! i got exhausted with my first battle and ended up losing up to the appeals. Thank you in advance! need a better way to answer these questions. 1. did you ever submit a request for credit account to GE capital retail bank? i had chevron card though. 2. did GE capital retail bank issue a credit account number xxxx-xxx-xx in your name? 3. State the approximate date you open the credit account. 4. identify each and every person other than yourself who has ever had the possession of any credit card for the cred
  14. I’ve been litigating against CACH for the last 8 months. Got to court this morning, and they dismissed the case without prejudice the day before the hearing. Nice. I had really thought I had messed up. I didn’t get my trial brief in until 9 days prior, and submitted a judicial notice, indicating the location of the signer of the alleged bill of sale was further out than 150 miles. God is good all the time. there anything I should do, or any actions I should file that would prevent this from popping back up in the future? I didn’t pay for any trial costs, but if anyone wants to add
  15. Hey All, Just received discovery responses from CACH, LLC. wherein they objected to my request for the purchase agreement on the grounds that it was protected as a trade secret. CA Evidence Code 1060. Has anyone had any success compelling this document from a JDB? If so, can you point me to a template? P.S. This is my first time posting, so if I didn't follow any of the normal procedures, my apologies in advance.
  16. Hello everyone!! About a day before I was going to file my Writ of Execution against CACH, I got a knock at my door from the UPS guy. It was from Mandarich. My heart sank. After reluctantly opening the envelope, I saw my check. Hooray! I guess my collection tactics are over! Off to file my satisfaction! I am so thankful for everyone here on CIC! Thanks again!! ~PD
  17. I'm curious if anyone has had their cases from CACH appealed after winning? I'm wondering if this is a new tactic they are using. As some of you know, I have gotten a couple of cases from CACH in Florida dismissed for failure to follow condition precedent on providing 30 days notice of assignment before filing suit. This is an unsettled area of law in Florida, with some jurisdictions ruling that it is a condition precedent and others ruling it is not. I just received a notice of appeal on one of these cases. CACH is appealing it to the Circuit Court (the next level after County Court).
  18. My husband is being sued by CACH and was served today. The court date is next Wednesday, October 8th. Will we be able to request the date be moved to a later date? A week is not really sufficient time to find an attorney and figure out what to do. The summons does not say anything about having x number of days to file a resonse. It just states the pretrial date next week. Any advice would be greatly appreciated while we figure out what attorney to call etc.
  19. Hi all, I'm new to this forum, have been reading other debt/credit forums for years now. This is long, and I apologize, but there's a lot of specifics. I'm in search of some very specific answers that require some understanding of Minn*eso*ta law. I cannot find clear answers to these questions in the Rules of Procedure. Approx. a year ago I was served (pocket service) a Summons & Complaint by Pe*zz*uto Law Firm, representing C-a- c-h LLC, who had purchased a debt from US Ba_nk (amt appro. $6500). I hired an atty listed on NACA, who drafted my Answer and submitted it to Pe*zz*uto withi
  20. Needing help how to best compose a trial brief against cach. I have the transcript uploaded. Also, I want to share anything that can help others going through the appeals process! All i have right now is so I can pattern my brief. No idea where to start at this time. Thanks in advance to all the people here!
  21. Hi everyone, I have been here almost daily since receiving a summons from mandarich law group late last year. I filed my answer, sent a request for BOP (and 2nd and 3rd requests), sent discovery, answered discovery, answered ccp 98, and sent ccp 96. I read many, many posts here, and used templates from here, changing them to fit my situation. Thanks to all the brilliant, giving people here, every time I sent them something, they answered exactly as I thought they would, and I knew exactly what to do next. So now, my trial date is less than 3 weeks away, and I am lost and find myself thi
  22. Square Two Financial organizational and ownership structure. This org chart is from Securities and Exchange Commission filings. It is 2010 filing so it may be outdated. SQ2 has about 15-16 shells that they utilize, only recognize CACH and CACV as JDBs. This is FYI only. SquareTwo-Financial-Corporation-Organizational-Structure-12-31-2010.pdf
  23. If a default judgment has been awarded against you by a General Sessions Court in Tennessee, you have ten days to move to vacate it. However, under Rule 60 you have one year to move for fraud and up to a "reasonable time" to move to set aside for various other reasons. It is imperative to do so before garnishment begins because then most judges will presume that you were served and just don't want to pay a debt purchaser. We can help in some cases and there is no charge to ask us questions. We operate off of attorney fees and fees we derive for statutory violations.
  24. Hi everyone! I've been dealing with a lawsuit from CACH LLC and they failed to respond to my RFPOD. I have been reading conflicting views on wether to file a motion to compel or not. Some say to do RFA's that prove they have no case while others say they dismiss after the motion is filed. What should I do?! They are past the 30 day deadline and I am contemplating if I should send a meet and confer letter or not. Let me know what you think!