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  1. Good morning everyone! I would really appreciate help on this UNLIMITED CASE in California! THANK YOU so much, beforehand!! Here is the info on my case: -------------- 1. Who is the named plaintiff in the suit? ABSOLUTE RESOLUTIONS INVESTMENTS, LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) MANDARICH LAW GROUP, LLP 420 N. Wabash Ave, Suite 400 Chicago, IL 60611 3. How much are you being sued for? 25k and change 4. Who is the original creditor? (if not the Plaintiff) US BANK NATIONAL ASSOCIATION ND 60 Livingston Ave St. Paul, MN 55107 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 at home 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 that I am aware of. 9. What state and county do you live in? CALIFORNIA, County of Los Angeles 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Not 100% sure – they presented a CC statement with the complaint dated September 2017. 11. When did you open the account (looking to establish what card agreement may be applicable)? Unsure. But it is not a super old account. It is relatively recent (last 5 years perhaps). 12. What is the SOL on the debt? To find out: California. Written: 4 years, Oral: 2 years, Open Ended Accounts: 4 years. Statute of Limitations on Debts 13. 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). - Filed the answer with the court (personally, and on time, on day 30) this week. - Served plaintiff’s lawyers by mail the same day – CMRR - Case Management Conference has been set for the end of April, 2019. 14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No. 15. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request before being sued, it likely won't help create FDCPA violations, but disputing after being sued could be useful to show the court that you dispute the debt ('account stated' vs. 'breach of contract'). No. I had no warning I was going to be sued. 16. 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? Filed the answer personally, and on time, this week. 17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Only two things: - Exhibit A: A copy of a Credit Card statement from Sept 2017. Guessing they're alleging that it's the "last payment"? - Exhibit B: A copy of a Credit Card statement from April 2018. Guessing they're alleging ths is the charge off? * THE ACCOUNT NUMBER PROVIDED IS ALL BLACKED OUT except for the "last four" numbers of the account. In the complaint itself the account is listed as "XXXXXXXX and last 4 numbers." 18. What are the causes of action listed in the complaint? First Cause (Account Stated) - Within past 4 years, an account was stated in writing in which it was agreed that defendant was indebted in the amount previously referenced herein. Although demand has been made upon defendant, said amount has not been paid, and is now due, owing and unpaid from defendant to plaintiff, as successor in interest. Second Cause (Open Book Account) - within past 4 years, defendant and each of them became indebted in the amount of the previously mentioned herein for a balance due on a book account for goods sold and delivered and/or services rendered by U.S. Bank National Association. Although demand has been made upon defendant, said amount has not been paid, and is now due, owing and unpaid including attorney's fees from defendant to plaintiff as successor in interest. 19. How did you find out about this site? Guess I am not necessarily a “newbie.” I won two lawsuits against JDBs about 10 years ago (one went in front of a judge, who ruled in my favor; the other one was dismissed by the rent-a-lawyer right before going in front of the judge). But, it has been a while, I’m sure things have changed a bit in the last 10-years, and this time around I am dealing with an UNLIMITED CASE. I had completely forgotten about this site until the night before I was to file my Answer this week – when I was double checking everything before filing it the next day. I remember how helpful everyone here was back then (I helped also). Since I am in new territory with this being my first UNLIMITED CASE, I want to make sure I have all my ducks in a row. I am SUPER RUSTY and it’s been a while, but I am 2-0, and definitely plan to make my record 3-0. A HUGE THANK YOU beforehand to everyone who is able to help me win this one! @LoveIsPower (this is a new account I created, since I can’t remember what my old one was)
  2. Finally got posted on court site, Dismissed without prejudice of course but as my friend said, hey a win is a win...no idea why they dragged it out sooooo long... Case History Mandarich Chicago filed last july 2019, for LVNV, I answered after being served and buying and quickly reading "Stick it to Sue Happy Debt Collectors", made notes and went to the legal library and did the line by line response ( I had to pay for the FULL lawsuit as it was served without required paperwork)...and fortunately this was BEFORE Covid because I filed answer got stamped copy etc (which was NEVER posted on the court website) and then about 10 days after filing my answer (to Chicago office) as I was trying to figure out best discovery questions from book since california only allows 35 non-compound questions, their discovery (from California office) arrived...so I answered theirs (to California office)and sent mine and got their back at end of October 2019...(California office)...then nothing really happened till July 2020 order to show cause hearing...It was pretty unclear to me if I should go or not but I am so glad I did...I came forward and that led to my first post here...Judge did not see filed answer and I told her I had the stamped copy here and she said " take it up with the clerks...it is like you are not even here...this doesnt concern you""" WTF???? I AM THE ONE BEING SUED...HOW DOES THIS NOT CONCERN ME????Anyways, called clerks (if not for covid would have gone down there directly!!!!) (side note thank God the other suit filed in feb had my answer posted on court site since they never sent me a stamped copy of my answer)...anyways, I got a request for judgement (from Chicago office) dated the Fri before order to show cause hearing...I had filed case management statement that week and thought that was what I was getting...nope..but their judgement was denied due to my answer on file from Aug 2019....Then they set a case management conference for 9-14-20 and I kept waiting for their statement which was not filed till 9-1 which is LATE and I when I went to the conference I told the judge it was filed late and no one had talked to me from their side or even tried...to which the judge told the local snake...erm....lawyer to tell them to pick up the phone next time...so I talked to her briefly after to give her the papers showing I am basically judgement proof which she said she could not accept....and that was that...our court date was set at end of next year...then suddenly Monday I received the Request for Dismissal which I called court about Monday which she did not see it and I posted here about it...and then last night checked court site and it said DISMISSED WITHOUT PREJUDICE PRIOR TO TRIAL... so really not sure a) why they went all the way to setting trial date before dismissing and b) why they waited nearly a month after case management to dismiss...not sure if it was because of lack of communication between Chicago and California offices (dismissal and judgement requests came from Chicago but discovery back and forth came from California office) I know everyone says it is a win at least but actually was totally more confident in winning this case than the TD Bank one (we have done no discovery either side on that one)...but I will be posting some of my commentary I had ready to put in a Motion in Limine and some stuff about LVNV I found all this stuff that I felt would be super helpful for winning...that way, anyone else who wants to fight and protect themselves against judgements etc can use in their cases...it is frankly shocking and very upsetting to me how many people are not even trying to make an answer in my own town which means so many people could be attempting to at least have a shot at preserving their money etc...I feel like trying to locate them and pass on what I learned but of course do not want to get jn trouble for practicing law without a license....although CLEARLY I learned more about the law than these lawyers even know or care about...even the judge had no idea what I was talking about ccp 1013 where it says 3 times that proof of service should be accompanied by an UNSIGNED copy of proof of service...otherwise you are committing perjury...I made copies of that for the judge...it was SUPER annoying that I was going out of my way to follow ALL the laws and yet here I am, regular person who is constantly getting these proof of services signed...by people who should know better...My mailer never signed the proof of service to the attorneys but I submitted her proof of services signed to clerks and I kept a signed copy....but anyways...I am truly thinking of writing my own book for California people...so anyways, will be keeping everyone updated on the other case... thanks for all the assistance I personally got and all the anonymous people's posts I combed thru...this victory is ALL of ours....
  3. Hi. I cannot find ANYTHING about my situation. I am in California and was sued last year by LVNV and Mandarich. I read up and filed my answer about 2 weeks after being served. I never saw the answer listed on the website for the court. I even called them 2x in September and they kept saying it would be posted. Mandarich from Chicago is who filed and who I sent answer to. Then they sent me discovery from Ca office. I answered and sent MY discovery to Ca. The Order to Show Cause was this month so I went because it was a bit unclear from the boards about who should be there...So, there was a lady attorney for them and she asked the OSC to be put off till next year...I told the judge I was not sure why this is happening since I filed my answer. I had the ENTIRE binder with me with my answer both our discovery etc. Judge said you did? I dont see it...I said I never saw it on the web either and I called about it a few times but I told her I have the stamped filed copy here. She told me to take it up with the county clerks??? WTF???? I read a 300 pg.book DIRECTED AT JUDGES called "Bench Etiquette for Self-Represented Defendants". She needs a copy...she could have at least LOOKED at it...I mean I showed up...Obviously am interested in case. She told me "osc is not for me...it doesnt concern me...I might as well be talking to a wall..."??? I cannot tell you how offensive I found it...I DID my part...So called to clerks office when I got to the car...And they found it and got case management scheduled. I am getting sued by Target as well and that was filed in Feb and in April they did Case management conference for next week so I was wondering why the LVNV one never had that...Then I got a letter from the CHICAGO office AGAIN with papers for requesting default judgement...they said it was filed the Friday before the OSC. But we do have Sept date for case management for them...But it said in the default request they were supposed to be attaching the assignment etc which was NOT on the copy they sent me. And the name they first stamped is a paralegal in Chicago but that name was crossed out and Raquel Lopez was who apparently did it but cant find her anywhere. So why did the judge seem completely unhelpful??? She is going to be the judge both my cases so have to tread lightly... The things that these lawyers are doing seem very wrong to me...Example: I am NOT an attorney but I KNOW CCP 1013 has in 3 places that you are to send the Proof of Service by mail UNSIGNED!!! Which I have done EACH time I send them anything..Yet theirs are signed...thus committing perjury. LVNV did not include the REQUIRED ADR packet and Cover sheet when I was served...So they broke the Rule 3.7 and 3.221 with those...so WHY do I know this and they dont?? or they dont care... Target did not even finish the form for case management...they did not answer number 10 about the ADR packet and they did not list the date by which discovery would be done...I amswered those...I mean it is ridiculous... ESPECIALLY the LVNV discovery etc because WHY are we doing that if I did not answer??? And the transfer and assignment was RIDICULOUS!!! transferred thru 3 "seemingly" individual companies on the SAME DAY with 3 signatures I looked up as I have seen people suggest...There was NO header NO addresses..I could have made the Transfer and Assignment and Bill of Sale...and one of the people the infamous "Rusty Kendall" signed "Kennet Kendall"...that seems illegal to me...esp since I found he has 9 alias not one of which is Rusty...so not sure how that is an affidavit...if it is... And the Answers they sent were Verified and Executed in SC on Oct 15 by someone for LVNV and they also typed up answers and signed Oct 15...so you sent my discovery to SC and got her answers back and signed (what looks like she signed in pen) and typed it all up and signed and sent all on Oct 15???? I find that highly suspect.. And I found 3 lawsuits with LVNV stating that they "have no offices and no employees" and they merely hold the assets and let Resurgent sue and contact people and LVNV NEVER contacts any debtors"...Resurgent is not who is named in suit..LVNV is...and my transfer was signed 2018 and one case was in 2018 and one in 2019...so explain why Kevin Branigan and Rusty Kendall are believed to be LVNV reps and it says on my transfer Rusty Kendall is representative for LVNV the company I am assuming SWORE UNDER OATH they have NO OFFICES AND NO PLOYEES.... Anyways, those are the questions I have for my cases... Just really frustrated with all the shenanigans and clearly breaking the LAW that no ome seems to get reprimanded for... Planning to put those issues in Brief but who knows if the "take it up with the clerks" will even read it etc...would LOVE to put their incomplete request for default judgement in the case since they clearly did not attach the right things but know i should not give their side any leeway.... oh and the case management statement said the PLAINTIFFS ATTORNEY was supposed to send ME the cover sheet and ADR with the case management statement which they did not....arrgh...so frustrating that I am TRYING to follow the law and they flaut it at each turn... And one more thing...I found last night (and the book is from 1987 so it may not be the rule anymore) but Business and Profession Code 6077.5 says employees who are NOT lawyers MUST sign their name AND position on the letters and ALL the letters from Mandarich are signed Mandarich Law Group... So any info on these issues would be deeply appreciated...thanks so much!!! ps...next wed is the target case management thing and they have not contacted me...i know the rules say i can contact them but since they are suing me....why should I have to call them???
  4. 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!
  5. Hi everyone; I'm a newbie here and feeling way in over my head, needing some advice and wisdom from all your experience. I reside in California. I got a notice of intention dated 7/18/2017 to sue (and incur court costs) from Mandarich Law Group on behalf of Cavalry SPV for a $8900 Citibank CC balance. Last payment made 12/2013 (4 yr Cali statute of limitations not up yet). I have not yet been served any court papers. Like most people who find themselves in this predicament, I'm going thru a tough time financially and cannot pay this loan off, so it went delinquent. Now I'm in a state of near panic wondering the best strategy is short of declaring bankruptcy. I have NOT contacted Mandarich to negotiate a settlement. I'm not well versed in the arts of negotiations, and even less in the law, So, I have been speaking to a few law firms to get some options offered to me, none of which feel all kosher! Without naming names; One suggests telling Mandarich the intention to file bankrupcy, but keep putting it off until the SOL clock runs out. (for a fee of $500) One will charge $595 to negotiate a debt settlement and also get a 5% bonus for moneys saved in the process. and so on... questions: can I use the remaining 5 months left on the statute of limitations to my advantage (running out the shot clock, as it were)? Should I refrain from calling Mandarich directly and offer say 10% ( i know that is unlikely)? what are the risks of dealing with these sharks? Is it a good idea to retain legal council, and more importantly ; how do i find an honest one?? I'm trying to get this dark cloud from over my head and get this off my back. ANY advice would be appreciated!! Thanks.
  6. 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.
  7. 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
  8. I need some advice on how to proceed. Had a CC debt with Bank of America and due to losing my job and not working for 3.5 years, I lost all my savings and unemployment. I tried to settle with Bank of America and they offered a settlement of $9000+ on a CC debt of $16k. I did find a job and offered them $200 a month to pay off the settlement but that wasn't good enough. They wanted 3 consecutive payments of over $3000 which if I was able to pay this, I wouldn't be in this situation!! So we left it at the original amount having no luck reasoning with them. I filed a complaint with the FTC but it fell on deaf ears. The debt was sold and now owned by Cach, LLC represented by Mandarich Law Group, LLP of Woodland Hills. They called a few times and I ignored it due to being pissed off not being able to settle, they now sent me a 10 day notice before they "attempt to sue". How much should I worry? What options do I have??? I currently am not working again with a very limited budget so I cant pay much due to owing the IRS and car payment, etc Thanks,
  9. Sued by the usual court-clogging suspects (CACH and Mandarich) for small change here in Orange County. In their Complaint, plaintiff alleged Breach of Contract and Common Counts on an HBSC credit card account. Huh, what? Luckily for me, I soon found this (fantastic) board, full of (many) wonderful people, and, after much reading, determined how to respond. Filed a General Denial with the court as my Answer, and served a Demand for Bill of Particulars on plaintiff's attorney's. Mandarich responded with their boilerplate initial "we don't have to furnish BOP per Distefano v. Hall" letter. Mandarich followed up with boilerplate Discovery request set 1, also a Mandarich boilerplate Case Management Conference statement. Went to the CMC where opposing counsel did nothing but ask for a trial date eight months (!) out. Judge set the trial date, and that was it for the CMC. Just before the 30-day deadline, I responded to plaintiff's Discovery requests with answers provided by and vetted by the fine people on this board. At the same time, I served my M&C letter / 2nd Demand for Bill of Particulars on plaintiff's attorneys. In response to my 2nd demand, Mandarich lawyer mailed a more elaborate version of their "we don't have to provide BOP" letter. Again they cited Distefano while also making reference to Ahlbin v. Crescent Coml. Corp; Auzerais v. Naglee; Kelly v. Hinkhouse (this one is from WA state); and Burton v. Santa Barbara Nat'l Bank. Along with this letter, "as a show of good faith", Mandarich also included CACH's famously few scraps of suspect documentation alleged to be "proof" both of plaintiff's standing and the alleged debt. Most humorously, the first paragraph of CACH's 1-page "Assignment and Bill of Sale" document (dated May 14, 2012) reads: "Reference is made to that certain Purchase and Sale Agreement as of March 28th, 2012 ("Agreement") for the sale of Accounts and Account Documents described therein to CACH, LLC, (hereinafter called "Purchaser"), upon the terms and conditions set forth in that Agreement." A real thigh-slapper, that one! Foot freshly bleeding from their own shot, CACH bravely soldiers on, admitting "Whereas, HSBC Bank Nevada, N.A....(collectively, HSBC") sold the Accounts described in Schedule 1 attached hereto to Capital One Bank (USA), National Association ("Seller") in connection with the transactions contemplated under that certain Purchase and Assumption Agreement among HSBC Finance Corporation...and Capital One Financial Corporation dated August 10, 2011 as amended from time to time." Yuk, yuk! Not to be stopped, and clearly on a roll, CACH builds to their big finish, disclosing that: "Purchaser (CACH) acknowledges and agrees that (i) Seller (Capital One Bank) did not originate any of the Accounts and, prior to May 1, 2012, did not service any of the Accounts, and (ii) seller's internal policies and procedures for servicing accounts including, but not limited to, charge-off, credit bureau reporting, fraud, and billing disputes policies may be different that the charge-off policies and procedures of HSBC." Further: "This assignment and Bill of Sale may be executed in two or more counterparts, each of which shall be deemed an original, but all of which shall constitute but one instrument." Thank you very much, you've been great! Try the beef stroganoff - its terrific. We'll be here all week folks! At this point I just want to send plaintiff a letter stating: Dear CACH, 1. Me counsel: good 2. You counsel: no good 3. Target v. Rocha 4. FACE!!!!!!!!!!!!!!!!!!!!! But I suppose I should send them some discovery...
  10. We received a Summons from Mandarich, which we answered with denying the allegations. The complaint was for 1. Breach of contract 2. Breach of personal guarantee 3. Unjust enrichment 4. Account stated. they did not provide any documents regarding the account in the paperwork. We are planning on filing for bankruptcy and answered the complaint, but now the bankruptcy will take a bit longer to file than we anticipated because there is some business property at stake. The trial is set for March 7. 2014. I have been reading through a lot of posts and it looks like I cannot do discovery at this point. Can anyone help me in how I can salvage this? I dont want anymore judgements. Thanks
  11. Can Cach, LLC legally sue (does it have the legal capacity to sue) in California through Mandarich? I have read that they can sue but can't "maintain it" as I understand it. On the small claims court website it says the case can be dismissed if not registered. So can I get it dismissed based on this? Of course they can refile once they register but it might help someone that is close to SOL. I checked with the secretary of State and they are not registered there. So is Cach considered a foreign corporation and transacting interstate business by suing here? Foreign corporations are prohibited from transacting intrastate business without obtaining a "certificate of qualification" from the California Secretary of State. Corporations Code section 2203 subd. © only bars a foreign corporation from "maintaining" an action based on intrastate business transacted in California. (United Med. Management Ltd. v. Gatto (1996) 49 Cal.App.4th 1732, 1739.)
  12. Really need step by step guide. Thanks in advance. I have been reading some posts. I'm glad people here offer their time and effort. This 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 Law Group LLP 3. How much are you being sued for? - $7000+ 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) - 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? - None 9. What state and county do you live in? - California, Solano 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) - According to their claim, in 2011 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) - Complaint filed: 03/12/13; Summons & Complaint served: 03/19/13 - General denial (PlD-C-010 form) Answer filed: 04/23/13 - Plaintiff's RFA, Special Interrogatories, and RFP served 05/24/13 - Defendants Answers to RFA, Special Interrogatories, and RFP- In the process - Defendant's First request for production of document served- 05/13/13 - Case Management Conference One Schedule- 07/17/13 - Status- Vacate-Vacated 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. - Summon was served 3/19/13, I filed answer 4/23/13 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 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. 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 summons or complaint.
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