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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 “Charged-Off Accounts” from “On Deck Capital Inc.” In your preparation of the JOINT LIST OF STIPULATED FACTS you inserted a “slash mark” between BANK OF INTERNET AND ON DECK CAPITAL, INC., in what I believe to be a fraudulent attempt to merge the two separate entities into one, because you know that your documents not only cannot prove that CACH has a valid assignment, and therefore lacks standing to sue, but that the documents contradict each other. You did this deliberately to mislead both the Court and me, and I believe that this is a violation of Code of Civil Procedure - CCP § 128.7. This is his reply: I have received your letter and understand your concerns. If you will please notice, the Loan Agreement you signed has both Bank of the Internet and OnDeck at the top of the document. As you can see on that document, Bank of Internet was the lender and OnDeck was the servicer. Thus, this was not an attempt to mislead you or the court. I now live 3,000 miles from Santa Monica where the Trial will be held. I'm pretty sure I can win at trial, but I would like to not have to go to the trouble and expense of flying to California. I'm waiting to hear back from Court if they will grant my request to attend the Final Status Conference on April, 10, 2018. Also, I've told plaintiff repeatedly that I am judgment proof (I have a fee waiver) and even if they got a default judgment because I didn't appear, they couldn't get anything. Sorry this is so long-winded! Thanks for your help!
  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 were being sued? Not sure What state and county do you live in? San Luis Obispo, CA. When is the last time you paid on this account? October 2015. What is the SOL on the debt? 4 years What is the status of your case? Filed response, served BOP, got deficient response, sent M&C, CMC mid-Oct, received their and sent my RFPD, rogs, admissions, trial set for mid-Feb. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No Did you request debt validation before the suit was filed? No How long do you have to respond to the suit? Responded timely What evidence did they send with the summons? Illegible Cardmember Agreement, 2 account statements, unsigned letter from OC on plain paper stating debt had been sold to JDB; affidavit from OC, bill of sale, redacted account list. Claims are breach, account stated, and money lent. JDB BOP response: 9 additional statements and second affidavit. Reserved right to amend BOP response. Objected insofar as claim is account stated. I sent M&C. Got a fee waiver. I’m on MediCal and food stamps. Pretty sure I’m judgment proof, so don’t know why they’re bothering… Any and all advice welcome. Thanks!!!
  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 were going to charge it off and not collect. Probably doesn't make a difference because I cannot prove they made that statement.
  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 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?
  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 paragraph 2 has an apparent purchase and sale agreement date between buyer (me?) and bank, contradicting account open date by 13 days as indicated in exhibit 1. 4. Exhibit A indicates that the accounts are described in exhibit 1, but exhibit 1 does not imply it is exhibit 1 (only by compliant cover paper before the actual exhibit) and it is merely a printout that can be produced anywhere--and it is not notarized. Also,exhibit 1 has only one account which contradicts exhibit A's narrative that accounts is plural. 5. Exhibit B is a sears account statement with my name and address and has zero narrative of citibank on any of the 3 pages. The complaint does not reflect to sears and all, only the original creditor as being citibank. The bill of sale is dated over 3 years ago, yet they just filed suite. Plaintiff states they MAY call witness to appear telephonically to testify to the accuracy and genuineness of the exhibits or any other matter deemed necessary (LOL). Then it states that pursuant to a GA code they MAY submit Business Records Affidavit (is this not exhibit A???) execute by a qualified witness that specific records entered into the record are authentic and admissible under GA code. Plaintiff MAY rely on this affidavit in lieu of calling a witness to trial. Again, isn't the bill of sale the business record and the affidavit? If not the affidavit, why not include it with complaint. It appears I can request summary judgement due to the findings I stated above? Many of the defenses I bring were also brought up by Cach of Colo., LLC v Lazarovwsky http://law.justia.com/cases/new-york/other-courts/2014/2014-ny-slip-op-51759-u.html However, Lazarovwsky primarily won on Cach using their wrong name, and therefore I am unsure if what I bring up really matters. Would anyone with expert knowledge like to help me this matter? I am very appreciative of any help. Thanks!
  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 chime in, I can't thank you enough! My Answer to their complaint is due in on this coming Monday, btw. -OregonAce
  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. 4. The procedure for disputing all charges in the credit agreement. 5. Written regulations and conditions to make payments to the account alleged in the complaint as a whole particularly, the first cause of action in the complaint. 6. The agreement to pay interest on the alleged account. 7. An account of all money lent and paid, laid out, and expended to defendent as alleged in the complaint at paragraph 11, 17, and 19. 8. The balance sheets for the alleged account. 9. All statements reflecting the sum of $3,xxx.xx due owing and unpaid alleged in plaintiff's complaint. 10. The procedure for disputing erroneous charges in the credit agreement. 11. Regulations and conditions to dispute erroneous billing statements of the alleged account. 12. All electronically stored information (ESI), including but not limited to, and defendant's tape recorded telephone records of defendant's contact with GE CAPITAL RETAIL BANK to report discrepancies and billing errors in the billing statements. 13. All documents concerning investigations conducted of defendant's credit account by GE CAPITAL RETAIL BANK. 14. All documents concerning investigations conducted of defendant's credit account by plaintiff CACH, LLC. -------------------------- This was CACH's initial response: Mr XXXXXXX: I am writing in response to your demand for a Bill of Particulars. Your request is inapplicable to the causes of action pled in the subject complaint because Plaintiff is not pursuing items of an account and is instead seeking a final sum owed as stated on the monthly bill your client received. (Distefano v. Hall (2nd Dist. 1963) 218 Cal. App. 2d 657, 677) As a result, please be advised that we will not provide a response. Sincerely, Newb Lawyer Mandarich Law Group, LLP Attorneys for Plaintiff CACH, LLC -------------------------- Then about a month later they sent this: Mr XXXXXXX: I am providing you a further reponse to your bill of particulars request even though Plaintiff still contends that the request is inapplicable to the causes of action pled. Plaintiff believes that under California law, a bill of particulars request is not applicable to the breach of contract and account stated causes of action pled as they do not seek "items of an account." The Court clarified that a bill of particulars "is not applicable to a contract or promissory note which has an account for its consideration" and that it only applies to "actions based upon contracts seeking to recover 'items of an account.'" (Distefano v. Hall (2nd Dist. 1963) 218 Cal. App. 2d 657, 677). As Plaintiff is not seeking "items of an account," a bill of particulars is inapplicable here. However, as a courtesy and in an attempt to resolve this matter, Plaintiff will furnish to you all documentation it has in its current possession, custody, and control which includes: the card member agreement, Bill of Sale with redacted Loan Schedule, Affadavit of Sale and Statements dated February 2011 - February 2012. Should additional information become available it will be furnished in response to the discovery requests you propounded upon Plaintiff. Sincerely, Newb Lawyer Mandarich Law Group, LLP Attorneys for Plaintiff CACH, LLC ------------------------------ What they actually attached to this resonse was 3 different pages of "Bill of Sale" documents with various signatures, a section called Notification Files followed by several pages of a computerized printout with headings related to "my account" listing account number, name, address, etc. and 12 billing statements. I'm attaching these documents below. Notably missing was the "redacted loan schedule" (which I'm not even sure as to what that is exactly), and probably most importantly the card member agreement showing me and the original creditor entering into a binding contract. So at this point I'm considering getting a lawyer to help me out because I have no idea what to do next or what my options are. I'm hoping someone here might be able to help me out.
  9. 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?
  10. 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.
  11. 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 pulled with their inital complaint (sent a payment form along with summons...as if it might have come from the court). Problem is getting an attorney to take it up....local ones don't seem interested. Then we went into MSJ motion, attorney waived card statements around and judge gave him judgment. Judge didn't even try reading my Response ( flipped a page or two then quit looking at it), brought up affidavit deficiencies, bill of sale issues, fact that I DV'd them last year and disavowed entire account and got no response, nice guy he cut their attorney's fees in half ( then apologized to attorney big deal ). sarc I'd have sworn the plaintiffs attorney had been under the judges desk on his knees earlier.......... Didn't appear he was interested in my Legal arguments and looked like a little obedient lap dog to plaintiffs attorney..........although plaintiffs attorney was very nervous and seemed relieved to have gotten his judgment, he was worried he knew he had no real case or argument. I do know one thing.....if there is another I case will go for a motion for change of venue LOL. Can't stand a judge slobbering all over the paperwork! Had in back of my mind that this County Bumpkin judge would pull just this......didn't think he'd do it without stating any justification. That's why I detailed all my points of law and Objected to his statements in the MSJ and moved to strike them in my Response, to preserve on appeal...............brought up the deficiencies of affidavit, bill of sale, affiants lack of qualifications (affidavit document specialist...not even a records keeper)......He didn't even respond to that, just got glassy eyed look.....a Plaintiffs Lap Dog..... So filling out paperwork for "Petition in Error" for a de novo review and gathering up info, already got court clerk working to certify all filings and mail them to me for submission to Appeal Court with the Petition in Error. Called JAMS and going to get them hold case open for awhile....if I can get a reversal I'm sure going to drag them right back in and cost them 5 times what they would get............even though I am collection proof and they won't get anything anyway LOL. Anything else come to mind that I can do to make Plaintiffs Attorney miserable with? If I get my paupers affidavit ok'd (money, money, money) with Appeal Court I'll be looking at a Writ for Centaru if need be. At least on the Appeal there will be 3 judges taking a fresh look....and they only have the written record so maybe they will actually read it and apply law. I'll try and get all the documents redacted an posted in a day or two...some up now. Check sig line for other post. type..type....type.......type........................
  12. 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 credit account. 5. identify each and every person who you ever authorized to use the credit account. 6. Did you use the credit account? 7. is $1,043, the amount set forth in the complaint in this case as the sum owed as of February 26, 2014, your balance due as of that date on the credit account? 8. if you do not agree that $1,043, the amount set forth in the complaint in this case as the sum owed, is your balance due is February 26, 2014 on the credit account, state all facts upon which you base your denial that the sum of $1043 is your balance due as of February 26, 2014 on the credit account. 9. did you have a report to GE capital retail bank that the credit card for the credit account was lost or stolen? 10. Did you ever report in writing to GE capital retail bank or portfolio recovery associates that there was any problem with the credit account, which problem remains unresolved? 11. Did you receive periodic statements from GE capital retail bank regarding the credit account? 12. State approximate date of your last payment to GE capital retail bank on the credit account. 13. Have you ever corresponded with GE capital retail bank in writing regarding the credit account. 14. Have you ever corresponded with portfolio recovery Associates in writing regarding the credit account? 15. State all facts upon which you base your denial of the complaint in this action. 16. State all facts upon which you base each affirmative defenses to the complaint in this action.
  13. 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. So...is 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 anything here for the sake of the others who may need the info, feel free. P.S. NEVER GIVE UP.
  14. 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.
  15. 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
  16. 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). It was previously dismissed with prejudice. My guess is that CACH is hoping that the defendant won't be able to hire an appellate attorney to defend it. They aren't as many appellate attorneys and they generally charge more. Why they picked this case, I have no idea yet. It's not for a large sum of money. I plan to do what I can to help defend the appeal, as I doubt the defendant can find an affordable attorney to fight it and I would hate to see CACH get an easy default win via appeal after fighting to get the dismissal in the first place. So it's either a new tactic they may start to use when they lose a case, or they are actually trying to get a higher court opinion to weight in and settle this particular area of law. Either way, it should be interesting.
  17. 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.
  18. 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 within the 20 day time frame required in MN. Some initial disclosures were made, persuant to the newer rules of procedure in MN civil cases. (Essentially, Pe*zz*uto's office mailed my atty a couple statements, affidavit stating they owned the debt., etc.). Just short of the 1-year deadline for filing the case in court, Pe*zz*uto filed in district court. My atty admitted the affidavit doesn't technically meet standards of proof, but said he's dealt with many judges who accept it anyway and it would be hard for me to prevail in court. Suggested I try and settle. Either way, it would have been a retainer fee of roughly half my debt, so I declined. Instead, I decided to try push for arbitration, as there's an arb clause in the the US Bank contract that allows either party to initiate (including the contract Pe*zz*uto submitted to my atty). It includes JAMS, so my desire was to force the issue in the hopes they'd drop the case due to the high cost of JAMS. Now pro se, I completed the JAMS initiation paperwork, sent a copy to Pe*zz*uto's office with my cover letter stating I was initiating JAMS, then once I received proof of delivery sent the initiation in to JAMS. This was last week. Pe*zz*uto's office promptly mailed me a letter stating I'd waived my right to arbitration, citing Minn*eso*ta case law where MTC arb had been denied. I looked up both cases; one involved a case that was already deep in court litigation, and the other involved a case where arbitration was not brought up until _appeal_. Issue #1: Whether or not I have waived my right seems to be hinged on how the MN courts define lititation. If litigation is considered to be court proceedings, then I'm likely fine because I've not wasted the judge's time, etc. However, if litigation is considered to include the past year with the summons, my answer, and then crickets, then I may in fact be screwed. Does anyone know how this may be interpreted by a court or if I have indeed waived my right to arbitration by not initiating earlier? Likewise, arbitration was NOT indicated in the answer my atty sent to Pe*zz*uto (although there was that standard line about "other defenses" the defendant may assert blah blah blah). Issue #2: Although Pe*zz*uto received my Answer from my (now former) atty, preventing them from getting a default judgment, I've not filed an Answer in court. No court dates have been set YET. Folks on other boards have said to file a Motion to Compel Arb in Lieu of my Answer. This sounds great, except I am unsure how this works in terms of having a previous Answer floating around out there. Today I called 4 different attorneys in Minn*eap*olis. Either they didn't know enough about arb to help me or they only work on full retainer cases. No one could provide any guidance, even though I was willing to do a paid consult. So my second question is this: Can I file an Answer (or Motion in lieu of Answer) with the court that is NOT the same as the Answer sent to Pe*zz*uto's office a year ago by my former atty? Or, am I somehow legally bound to submit that answer? IF I file a MTC in Lieu, can Pe*zz*uto come back and claim I didn't make a strong assertion of arb in my Answer to them? And if so, am I doomed? I am under the gun with this given Pe*zz*uto's statement about seeking a summary judgement soon, and it will cost me $422 to file this stuff and if it's wrong the Court clerk will still accept it (as they can't give out any legal advice), so I obviously want to do this the right way. I've spent literally hours pouring over case law, appeal court opinions, rules of procedure, and other debt boards but due to some of the uniqueness of MN and this pocket service stuff, I just can't find specific answers to some of this. In fact, when I asked one atty earlier today if the Answer sent to Pe*zz*uto a year ago but not officially filed yet "counts" in the eyes of the court, he said, "Well....Yes and No." So, yeah. I need some help. Please. I'm begging. I feel like I'm losing my mind and my husband is sick of listening to me talk about this. I almost just threw in the towel today and called Pe*zz*uto to ask them how much they want to drop the case, but then regained my sanity. If you made it this far, thanks for reading (and you're a total saint). FM
  19. 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 http://www.courts.ca.gov/documents/SampleFormK.pdf so I can pattern my brief. No idea where to start at this time. Thanks in advance to all the people here!
  20. 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 thinking why bother? My only income is a military pension, and I don't own anything, I'm essentially judgement-proof. I am usually a very happy, optimistic person, but this last month has been horrible. My beloved dog was killed, and I am heartbroken. I know I have time limits to get ready for trial, so I'm hoping that you guys will help me by reminding me of anything I may have forgotten to do, and not letting me give up and let the bad guys win. So, the basics: 1. Who is the named plaintiff in the suit? Cach 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? 1500 4. Who is the original creditor? (if not the Plaintiff) Wells Fargo 5. How do you know you are being sued? (You were served, right?) Yes 6. How were you served? (Mail, In person, Notice on door) In person 7. Was the service legal as required by your state? Yes Process Service Requirements by State - Summons Complaint 8. What was your correspondence (if any) with the people suing you before you think you were being sued? None 9. What state and county do you live in? California, San Bernardino 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) I think it was October, 2010, they say October, 2011. (I haven't been able to get my bank records from 2011.) 11. What is the SOL on the debt? To find out: Statute of Limitations on Debts 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). Trial in mid august. Answer filed, discovery done, requested BOP, they refused, and l just received their Plaintiff's CCP 96 Response. 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? Already responded with a general denial. The complaint is for 1. BREACH OF CONTRACT 2. COMMON COUNTS Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. None with the summons, they cited Distifano and Hall in response to my BOP request, claimed "Trade Secrets" in response to my discovery, and sent copies of a statement dated "10/25/2011 to 11/23/2011" with a past due balance, and another statement dated "11/24/2011 to 11/30/2011 with a balance of 0.00, addressed to a house I owned at the time but did not live at. In response to my CCP 96 they sent copies of the same two statements, and a short form purchase agreement between Wells Fargo and Cach. For witnesses, they say they plan to use a declaration pursuant to CCP 98. They list eight names that they say are custodians of records that they may call. they say they can't know the identity of the individual who will be available to testify until approx. 10 days before trial. They gave a contact address for the lawyers office. They also plan to call Defendant. For evidence, they listed the CCP 96, the billing statements, and the Wells Fargo Bill of Sale and accompanying redacted Loan Schedule (I see no loan schedule attached.) So, what is my next step? I know I'm supposed to send a subpoena, but aren't the witnesses supposed to be available for personal service 20 days before trial? Are they allowed to just cut that time in half? Or have they already given me a reason to exclude the CCP 96 Declaration in Lieu? For the subpoena, can I have someone I know attempt to serve it? Also, they had already sent me a Declaration Pursuant to CCP 98 in Lieu of direct testimony, which I received on the same day I mailed my request for it. That one is dated June 16, 2014, and signed by one of the people listed to testify. So doesn't that person have to be their witness? Is that who I subpoena? And when? 20 days out, or 10 days out? Thank you in advance for answering my questions, and thank you for giving your time and knowledge to people like me. By the way, the lawyers referred to the list of people who might show up in court as "traveling witnesses" whose schedules are made weekly, not as the custodians of records. they say they will testify about the plaintiff's business records, and how they aquired the account. Are they not missing the main part of their lawsuit? How can they skip over the whole "contract" part of a Breach of Contract case?
  21. 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
  22. 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.
  23. 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!
  24. 1. Who is the named plaintiff in the suit? Me 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Neuheisel 3. How much are you being sued for? 4. Who is the original creditor? (if not the Plaintiff) MBNA 5. How do you know you are being sued? (You were served, right?) I looked it up online 6. How were you served? (Mail, In person, Notice on door) Not served yet 7. Was the service legal as required by your state? 8. What was your correspondence (if any) with the people suing you before you think you were being sued? They have called and left messages but I have never spoken with them. 9. What state and county do you live in? AZ Maricopa 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 4/11 slightly more than three years ago. 11. What is the SOL on the debt? To find out: 6 years by AZ state law but looking to change to 3 on DE law. 12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). Answer and discovery sent. 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No 14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late. No 15. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit? 20 days from date of service 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. An affidavit is all they sent plus a later statement. Trying to find out if anyone in AZ has had success with an attorney. I cannot find any recent cases from Cach as there are so many that only cases from 2010 are searchable.
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