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Found 7 results

  1. 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!
  2. Hello everyone!! I am new to this boards and I hope I'm posting this in the right place. Last week I've discovered that I had a lawsuit filed against me by Calvary SPV for some old debt from Citi requesting judgement, I didn't know about it until I started receiving letters from lawyers and went to check on public records. And there it was! I have retained an attorney to deal with it, but meanwhile... I'm in the process of purchasing a house and have closing already set for December 20th. Lawsuit was filed on November 8, I understand this is not a judgement, but if title runs the search, will they pick up this lawsuit and how will it affect my closing, will I be able to close?? The amount of debt is 30K (it's a long story with my ex, etc...) I'm really concerned I might not be able to purchase home, even though I was already preapproved. The Citi debt is no longer on my credit report, only this law suit that just popped in at a really bad time. Should I let my lender/title know about this or what should I do if anything at all? Any advise would be much appreciated and thank you in advance!
  3. I had an account years ago called "PayPal Pay Later", which was administered by GE Moneybank. I lost my job in November of 2010, and was unable to make further payments - in fact, I was unemployed for over two years, and was called a "deadbeat dad" by the Friend of the Court because I was unable to pay my full child support payments from my unemployment checks - in fact, they confiscated several tax refunds, such as they were, to pay the back amount. The debt has been sold twice that I know of - possibly more. The first time I was aware of it, I told the collectors I had nothing to give them (they asked the usual questions, including "do you have anything of value you can sell?" - which I do not, as everything of value I once had, I sold in a vain effort to keep my house from being foreclosed on, hoping I would find employment before then). That company continued to try to call, then stopped. I did not hear from anyone for a long time afterwards. When I finally did get a job, I ended up with so much being taken out in child support, plus health insurance (the court requires me to take out health insurance on my kids, despite the fact that their mother makes more money than I do - by a significant amount - and has insurance through her employer, which is the state correctional system), that I have to live with my parents in order to provide my children with a decent living environment when they are with me - I can't even afford the rent on an efficiency apartment, which is hardly suitable for my kids! I have barely enough left over to pay for gas and insurance on my car, plus my necessary medications. I drive 60 miles to the nearest VA clinic because gas is cheaper than the medical bills for a simple doctor visit (I once incurred a bill from my local hospital for just over $400 for basic blood work, which took me over 2 years to pay off)! I got a letter from a company called "Taurus Law Group LLC" in MA in October informing me that their client had purchased my debt. I ignored them, as I had nothing to give them to begin with. They called and left a message asking me to call them on November. I put that number on my blocked list. They called me from another number and left another message yesterday, asking me to call them. That number is also blocked now. It is past 6 years since I lost my job, and Michigan's statute of limitations is 6 years. Can these bozos still sue me (for money I can't afford to give them, no less), now that they are past the S.O.L.? Can I simply send them a letter telling them to cease and desist, and that they ARE past the S.O.L., and that further attempts to collect will be treated as harassment? I have received no further letters from them, just the two phone calls simply stating who they are (with no notification as to who they are calling), that it is an "attempt to collect a debt", and a person and phone number to call.
  4. I sent a Request for Production via paper format to the Plaintiff and they sent back a general objection citing MO Supreme Court Rule 57.01 that is had to be sent in a common electronic medium.... My questions is do I send the same request to the Plaintiff and copy the court again? There has been one court date since I filed the request and the plaintiff never mentioned the object to the request. Appreciate any thoughts on the matter. Court date is 9/27.
  5. Tomorrow morning I have a Motion hearing to compel private arbitration for a $20,000 credit card I stopped paying off in 2011 due to medical reasons. It was for an AT&T Universal Card. The JDB is PYOD, LLC. This is in Florida. I have not participated in discovery even though the attorney tried to trap me. I have a few questions: 1. What are the chances he will drive 280 miles one way to attend the hearing? 2. What are the possible ways he could try to trap me outside of the "sign this" before hearing begins (which I won't do). 3. Is there anything I should know in advance? This is not in small claims. Thank folks.
  6. Anyone Beat CACH LLC and Mandarich in Oregon?! I have been served by Madarich Law group for CACH LLC. I responded claiming they have no standing and that Mandarich is not licensed as a debt collector in Oregon.Mandarich claims they do not need to be registered because they are a Law firm. However ORS ch 697 states exemtion for " An attorney-at-law rendering services in the performance of the duties of an attorney-at-law." The services of an attorney are any duty one must have passed the state bar to do. Mandarich sends dunning letters, creates payment plans,collects through billing. The Attorney they had at State mandated arbitration was a private contractor not an employee! . Has anyone had success with this argument in Oregon state court and if so what is the case number ? Or any other good arguments! Thanks!
  7. Sued by Midland . Sent original response as general denial. Requested the following in official vaidation Request 1. Original account application with my signature for this alleged debt . 2. A fully itemized statement for the amount you are asking which clearly details how this amount over the amount that was paid for this debt was calculated , including the interest rate being charged . Confirm that this rate falls within the state limits . 3. Provide proof of debt ownership including how much this debt was purchased for . 4. provide proof of the date in which alleged charges first became delinquent. Midland sent me a collection type letter about 3 weeks ago with a redacted bill of sale . Yesterday, I got a certified letter return recpt. from midland attorney locally... Answers to request for production . They are objecting to much of my request . Do I need to respond to this Answer? If so, is there a time limit for which this has to be done ? Funny thing , the cover letter sent with this was signed " Very Truly Yours" is this supposed to be a joke ? Are they seriously trying to intimidate me by using accusitory language? Thanks "G"