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Helping a friend fight a cache case: I vaguely remember something from back when my case was fought (and won) that changed in California on January 1st 2015, didn't apply because my case was filed in December of 2014, so I don't completely remember. Here's where we are: Cache filed, friends answered AND sent first request for docs. The answer they received yesterday stated "Cache is still preparing the case for trial and does not have the necessary information to answer at this time....on ALL questions. They then sent a statement from over a year ago from a different collection company. If I remember correctly this is enough to request dismissal, BUT I don't remember which law it is that makes this so. Anyone?
Hi am also being sued by CACHE , LLC 1. Who is the named plaintiff in the suit? I am 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) NEUHEUSIEL LAWFIRM , PC 3. How much are you being sued for? $1568.37 4. Who is the original creditor? (if not the Plaintiff) HSBC BANK NEVEDA 5. How do you know you are being sued? (You were served, right?) served 6. How were you served? (Mail, In person, Notice on door) in person 7. Was the service legal as required by your state? yesProcess 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? They sent notice to a corporate entity I was involved in. 9. What state and county do you live in? SAN JOAQUINCOUNTY , CA 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) thats$100 in december of 2013 the last CREDIT CARD PAYMENT WAS IN 2012 11. What is the SOL on the debt? To find out: 4 yearsStatute of Limitations on Debts 12. What is the status of your case? Suit served? Motions filed? -PENDING 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) NOPE 14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late. NOPEi did with another law firm 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. GENERAL ALLEGATIONS,FIRST CAUSEOF ACTION ,MONEY LENT PAID OR EXPENDED,VERIFICATION
I just received a drop off summons and complaint from a JDB- Cache confirmed copy filed with the court with a case #- It was dropped off to the UPS Store and the clerk there said they ask if that person has a box and just hand him the complaint- I asked the clerk and he said a process server dropped it off. But I see NO PROOF OF SERVICE ATTACHED. I also asked the clerk if he signed anything to receive it- he said no. The complaint also states the debt was assigned to them in 2012. It also said within the last 4 years defendant became indebted. I will check the SOL on this and see what appears on my credit report as last payment by OC. I will use lack of standing to answer- but first I want to know if this is legitamate service?
LAW FIRM RERESENTING CACHE RESPONDS TO DV They responded with a copy of my credit report in full showing the OC reporting notated- and a copy of a statement about 1 1/2 years old. The letter states the balance- but I had originally disputed the balance on my OC and the OC sent me back a letter stating they no longer own the account. THen I get a letter from the law firm representing Cache. Dont have funds to settle and won't settle. What should I do wait to see if they go further?