Rick1488 Posted March 9, 2011 Report Share Posted March 9, 2011 Hello,OK about 6-7 months ago I got sued by CACH, LLC.I filed my answer letter an notice of appearance along with a sworn denial letter to their only piece of evidence. I received a discovery request from their lawyer which I answered with nothing, but objections and a few months went by and I just got a letter in the mail with a copy of the credit card statement along with a certificate of assignment and business record affidavit. the cover letter says please contact our office to make arrangement's for the balance due.I don't know what action to take next. I would appreciate some guidance...Thank You. Link to comment Share on other sites More sharing options...
tritron Posted March 9, 2011 Report Share Posted March 9, 2011 Did you see if you can have plaintiff case dismissed with prejustice. Does anyone knows the elements that plaintiff has to prove that this deb is his any cases. Link to comment Share on other sites More sharing options...
Rick1488 Posted March 9, 2011 Author Report Share Posted March 9, 2011 How do I do that? Link to comment Share on other sites More sharing options...
ladybug412 Posted March 9, 2011 Report Share Posted March 9, 2011 In our experience with Cach they served a summons, which we answered, then some time later they sent Discovery which we responded to, then a period of time went by and they filed for a summary judgment. All through this time their debt collector attorney called everyday trying to get us to pay the alleged debt.I think if they don't get a default judgment right off the bat than their strategy is to wait hoping you'll let your guard down and that they'll win the summary judgment. So you should be prepared for that possibility. Link to comment Share on other sites More sharing options...
BV80 Posted March 9, 2011 Report Share Posted March 9, 2011 Hello,OK about 6-7 months ago I got sued by CACH, LLC.I filed my answer letter an notice of appearance along with a sworn denial letter to their only piece of evidence. I received a discovery request from their lawyer which I answered with nothing, but objections and a few months went by and I just got a letter in the mail with a copy of the credit card statement along with a certificate of assignment and business record affidavit. the cover letter says please contact our office to make arrangement's for the balance due.I don't know what action to take next. I would appreciate some guidance...Did the cover letter state "this is an attempt to collect a debt" or "this communication is from a debt collector"...anything like that? Have you sent discovery requests to the Plaintiff's attorney? If not, you should read your court's rules of civil procedure, and see if you can still do so. Link to comment Share on other sites More sharing options...
Rick1488 Posted March 9, 2011 Author Report Share Posted March 9, 2011 (edited) Did the cover letter state "this is an attempt to collect a debt" or "this communication is from a debt collector"...anything like that? Have you sent discovery requests to the Plaintiff's attorney? If not, you should read your court's rules of civil procedure, and see if you can still do so.Hi,Yes, the cover letter stats this is an attempt to collectdebt.I have not sent discovery as I don't know what to ask them.BTW: their discovery wasn't through the court.. I guess that is how it is done in IndianaThank You. Edited March 9, 2011 by Rick1488 Link to comment Share on other sites More sharing options...
fightemdontfold Posted March 9, 2011 Report Share Posted March 9, 2011 You should definatly send them out discovery, drown them in paperwork and they will be less likely to pursue you. If you don't know what to ask, a number of good templates are on this site, threads in the past that have dealt with discovery. If you don't feel like searching around, then you could do alot to construct good discovery by using the discovery they sent you. In my case, the discovery the idiots sent me was basically fishing for information that a plaintiff with a case should have already had, they wanted me to make their case for them. If this was the case in your case, simply ask the questions right back to them, after all they are the ones who have to prove their claims not you.Funny that with the "proof" they sent you they also asked you to contact their office to make payment arrangements. If what they sent you was enough to prove their case in court, then why would they not being going for a judgement in court.At least in the beginning you really should be offensive and hold their feet to the fire. Seems like alot of people just file an anwser and seemingly forget about it, you should send them out discovery and then hold the to the deadline to respond. Link to comment Share on other sites More sharing options...
nobk4me Posted March 9, 2011 Report Share Posted March 9, 2011 If you don't mind, could you identify the OC, and the affiant and notary? I have dealt with CACH, and they provided what I believe was a fraudulent affidavit supposedly from the OC, along with statements.The signatures of the affiant and notary were illegible scribbles. What do the signatures look like on your affidavit? Link to comment Share on other sites More sharing options...
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