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Found 11 results

  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. 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. 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.
  4. 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.
  5. 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
  6. 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,
  7. 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...
  8. 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
  9. 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.)
  10. 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.