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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!

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

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.

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?

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.

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..

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.

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

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

FOr every poster being sued by CACH LLC, please read this. I am helping another poster on this board oppose an MSJ here in Michigan. CACH supplied their attorney with an affidavit supposedly to authenticate the bill of sale. The affidavit made by a person named Tom Vigil is not an employee of CACH LLC, he is an employee of a company called Squared Two FInancial in Colorado, employed as an affidavit spe******t. Further, look at all of the documentation. In this posters case, CACH supplied a credit application with a forged signature on it, though Tom Vigil states that the records supplied in this case are true and accurate copies of the originals and stored over the course of regularly conducted business acitvity. In other words, do your homework and you will find evidence of fraud upon the court. If you go in front of a crooked judge and you point out multiple flaws and defects in the Plaintiff's case, you can appeal where the court has to follow the law.

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?

HELP!! Being taken to court Nov 19th! Need to show for Pretrial and am not sure If I need to file any paperwork before hand. In Florida I don't believe I HAVE to but probably should. I was thinking about answering the summons and state I WILL be in court, file Request for Production (not sure the procedure for this since it's small claims. Do I do this before/after. Does it matter?) and possibly answer to the alleged claims (confirm/deny line by line). Any help is greatly appreciated!! Thank you in advance!! 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? About $4,300 4. Who is the original creditor? (if not the Plaintiff) Bank of America 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? None! 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) September 2010 11. What is the SOL on the debt? To find out: 5 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). Just a notice requesting I appear for pretrial. Nothing else requested of me other than to show up. 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. This is the first I have heard from them even though they CLAIM they sent me a notice that they purchased the debt. 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? No Interrogatory. Just request for me to appear for pretrial. "charges" are: 1. Defendant requested an account with Bank of America acc # XXXX (which acc # is wrong and I did NOT request an account with BOA. I think my original creditor was sold to/bought out by them but it was so long ago I don't know what the balances were. If I negotaited a pay off throughout the years. I allegedly opened the original card in 2002! 2.Defendant failed to make monthly payments...closed for failure to pay on or about 9/30/2010. 3.Plaintiff purchased the account from the original creditor...becoming the rightful owner. 4.Before the institution of this action, the original creditor and Defendant had business transactions between them and they agreed to the resulting balance. 5.The original creditor rendered statements to the defendant and the defendant did not object to any of the statements. (no idea what this means or what statements were made. were they verbal/written? no clue.) 6.The statements were received by the Defendant and retained without objection being made thereto on any item thereof. 7.The Defendant has not paid...Defendant refused to pay. (pay BOA or CACH?) 8.The Defendents account has a remaining balance of $4XXX exclusive of interest and court costs. 8.The Defendant was mailed an initial demand letter showing the assignment of the account to the Plaintiff. 9.The Plaintiff has complied with all conditions precedent to the filing of this statment of claim. 10. This is an attempt to collect a debt and any information obtained will be used for that purpose. 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Exibit A: Affidavid of Sale and Certification of Debt Exibit B: Several statements from 09-2010. (don't they have to substantiate the amount? Don't they need to provide ALL statements so I know where the total alleged amount came from?) PLEASE HELP!! I've been driving myself crazy with research and have read so many different conflicting articles, blogs etc I don't know what to do!

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")

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")

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

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

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!

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!

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.

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?

Hi to everyone, im being sued by this company called CACH LLC, which is the Plaintiff Vs me, this is in FLORIDA SMALL CLAIM Court, the amount is for 4k, and the original creditor is GE Money Bank (Which subsequently sold the debt to CACH LLC according to them. -------------------------------------------------------------------------- They are suing on 2 counts : 1- Account Stated : Plaintiff asserts that Defendant acceptance of the extension of credit represented a periodic account, for which GE MONEY BANK generated regular monthly statements. Defendant is liable to plaintiff, the assignee of the account , for the account balance, together with interest thereon at the rate allowed by law. 2- Unjust Enrichment: In the alternative, and without waiving the foregoing, Defendant used the funds provided by GE Money Bank. GE expected to be repaid for said extension of credit, together with interest thereon. Defendant is liable for repayment of such sums under the doctrine of unjust enrichment. -The defendant entered into an agreement with GE Money Bank for the extension of credit to facilitate the purchase of goods and services (The "Agreement" ) under it's account # ********1234. -The past due was assigned to plaintiff. -The defendant by use of the funds provided by GE, have accepted responsibility to repay said funds. -Defendant defaulted in the payment obligation, as results caused GE damages in the amount XXXX. That obligation has been assigned to Plaintiff, who is the party entitle to receive payment of the account balance. -Plaintiff is the assignee of GE MONEY BANK's right to be repaid by Defendant. -Plaintiff has Demanded payment from Defendant but defendant has not satisfied such demand. Plaintiff has performed all conditions precedent to the filing of this action , or all conditions precedent have occurred. -------------------------------------------------------------------------- NOTE : A-They have not provided anything but a bullcrap AFFIDAVIT OF SALE (Which i posted a Scan of the bottom half of the affidavit,the top part you can read it below, check it out and tell me any more deficiencies you guys might find please. AFFIDAVIT OF SALE In the STATE of :State Minnessota County of: Ramsey Before me on the day and date set forth below, the undersigned Notary, being qualified and commissioned and for the county and state aforesaid, personally came and appeared Josh Ramirez, who being duly sworn, did depose and say: Affiant is the DOCUMENT CONTROL SPE_CIA_LIST at GE Money bank and in that capacity, Affiant is personally familiar with the debt... "BLACKED OUT BY THE RENT A LAWYER"(the "Account") made by My NAME (The debtor) made payable to GE money bank and subsequently sold to CACH, LLC. The Correct amount owed by the Debtor on Account Number is the sum of $$$$$$ as 9/18/2009 and is reflected in all records of the account which GE Money bank has Knowledge. The following Statement pertains of the Debtor referenced above is a state of California resident : I certify under penalty of perjury under the laws of the state of California that the foregoing is true and correct. B-They make reference of an "Agreement" but they have failed to attach it to the complaint. C-They sued on account stated but a copy of the account showing items, time of accrual of each and amount of each must be attached to the complaint and it was not. D-I have the pretrial on the 4th of january 2012, i am not required to answer before the pre-trial. E-Any strategy that you guys think i should use , like..... -To have ready a motion to Dismiss, or.. -ask for leave of court for sufficient time (90 days) to conduct discovery on the plaintiff and.... -My right to trial? Shoot away my friends, give me ideas , dont be shy , i want to crush this mofo. thanks for everything.

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.

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.

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.) I'd rather not say in case they actually search the internet and find my post. They are at least the third law firm to contact me about this debt. 3. How much are you being sued for? $10,000+ 4. Who is the original creditor? (if not the Plaintiff) Chase 5. How do you know you are being sued? (You were served, right?) Papers served. 6. How were you served? (Mail, In person, Notice on door) Served to the face. 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? I sent a letter asking them what they would accept for a settlement or payment arrangement. No response, just a suit. Prior to this letter I talked with them on the phone several times with no resolution for settlement or payment schedule. 9. What state and county do you live in? CA 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) I'm still inside of the SOL 11. What is the SOL on the debt? To find out: Four years (edited to add: but perhaps 3 since Chase apparently works with Deleware law - I'm still under 2 years since payment was made on the debt, however) 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 with summons, reply required by end of June (I was served at the end of May and the literature suggests I have 30 days from date of service) 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 have 30 days from date served to respond. I did not get an interrogatory. Included in the (badly photocopied) packet I got is the cover page with the "you must make a response" information followed by an Order to Show Cause Hearing for November, a Civil Case Cover Sheet (designating the case as a a limited case, a non-complex case and a case where monetary compensation is requested), and then the actual complaint which lists the charges as: Complaint for Breach of Contract, Common Counts and Accounts Stated (at least I suppose that's what the case is). 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. No evidence or exhibits, just statements. The complaint suggests that CACH got the account from the OC and that "the transfer was memorialized in writing."

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!