Jump to content

Another Cach lawsuit in CA - need a lot of help


Recommended Posts

Well Cach LLC is coming after me. They sent me a complaint and Declaration of Venue. The complaint does not have verified signature only the Declaration does. I have received the cookie cutter letter that seems like everyone gets.

1. Who is the named plaintiff in the suit? Cach LLC

2. What is the name of the law firm handling the suit? Mandarich Law Group LLP

3. How much are you being sued for? $12,416

4. Who is the original creditor? (if not the Plaintiff) HSBC Bank Nevada

5. How do you know you are being sued? Served

6. How were you served? Mail and father was served In person (although not listed on the suit)

7. Was the service legal as required by your state? Not sure, father didnt accept it and she threw in on the ground.

8. What was your correspondence (if any) with the people suing you before you think you were being sued? I dont know. I do not live at the address they served at my parents. I dont believe they have my address.

9. What state and county do you live in? CA - Napa County

10. When is the last time you paid on this account? "Within the last four years" - per the suit. I will get into more detail in next post.

11. What is the SOL on the debt? To find out: 4

12. What is the status of your case? Suit served

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? No

15. How long do you have to respond to the suit? 30 Days - Complaints are for 1. Breach of Contract and 2. Common Counts

Did you receive an interrogatory (questionnaire) regarding the lawsuit? No

16. What evidence did they send with the summons? Its still in the complaint stage

I hope this is a good start. I really need help! I am def not law literate.

Link to comment
Share on other sites

I have scoured this site and have already filled out but not sent:

FW-001

FW-003

BOP

And have in my possession:

PLD-C-010

POS-030

although I have read about the PLD-050 but not sure if this is right for me

I am having a hell of a time filling out the PLD-C-010 because my jargon in law is next to nothing. So any help in the Affirmative Defenses would be great and if I should be in the 010 or the 050 form.

Thank you in advance!

Edited by looking4help
Link to comment
Share on other sites

Ahh...CACH - really good friends of mine and contributors of $1,411 to my Latin America Retirement Palace...

The service is iffy...you could make a motion to quash it if you wanted to (just to run up the bill)...but if not, just focus on your answer.

File the answer - general denial is good enough. If you feel that you want to use an affirmative defense - use lack of standing.

Since it's breach of contract and common counts, you can use a BOP and put them on the clock.

File your answer, then send the BOP using CMRRR.

Link to comment
Share on other sites

Hello neighbor to the north....1stStep is right, get your answer in (general denial), put together some affirmative defenses (lack of standing being one of them).

Get your answer and proof of service together and filed with the court. Send both of those and BOP to Cach and get your meet and confer letter together as they probably won't respond.

Feel free to ask additional questions and search for 1111girl posts as she also dealt with Cach and whooped them good in court.

Link to comment
Share on other sites

You two are awesome. Its a huge sigh of relief to have someone at least there for me. I was able to search and find a BOP - but unable to track down the "meet and confer" - which I understand is the next letter once the BOP is not acknowledged... if I understand correctly.

I am starting the process tomorrow, since I do not work and have a little more time to make sure everything is done right.

Real quick, this is the BOP I found on here... could you let me know if this is suffice or not?

1 TO PLAINTIFF, CACH, LLC, AND THEIR ATTORNEY OF RECORD:

DEMAND IS HEREBY MADE UPON YOU pursuant to Code of Civil Procedure § 454 to furnish to defendant -ME-, within ten days hereafter, a Bill of Particulars setting forth all items and details of the account on which the cause of action for money lent or paid of plaintiff’s complaint is based to include: an agreement and/or contract of said account, date of each transaction on the said account, the price or charge made for each item, all payments or credits that have been made to the account, a detailed account of how plaintiff calculated the amount owed, and any agreement assigning the account at issue to the plaintiff.

:notworthy: I cannot thank you enough for the help and I will check out 1111girl's thread as well.

Link to comment
Share on other sites

Look at CAlawyer's posts, you'll find everything you need for your state. The rest is strategy, most of us can help you with that, devious bunch that we are. The forms from CA make my eyes glaze over, not my thing. The most important thing is dicscovery.....production of documents. They won't have them and won't pay to get them. These outfits run on about 95% default judgments....people who never even bother to answer the suit. They don't like it when somebody fights.

Link to comment
Share on other sites

Quick question... the BOP and Answer is to be sent to the Attorneys for the Plaintiff... correct? Doing it tomorrow morning and just wanted to make sure.

admin: Ya I believe you are right as well... just really rude on their behalf.

Seadragon: They have on the summons the XXXX with the last four as numbers... they are the correct last four, so I am guessing they have that much. Is a demurrer still a good idea?

1stStep: Then I must have been thinking about another form. Something I read on this site about once the 10 days are up on the BOP to send them. I'll have to check my history to find it. So a meet and confer should say what then? I understand the meaning behind it, but not sure the correct wording it should say.

On a complete side note... I was told by a friend that if I were to lose and have my wages garnished, its normally 25% or 30x the minimum wage which ever is less. Because I am only a part time employee and only making about $200-250 a week - that a garnishment may not be an option for them since I don't make enough. Is there any truth to that, that you are aware of?

Link to comment
Share on other sites

I was able to search and find a BOP - but unable to track down the "meet and confer" - which I understand is the next letter once the BOP is not acknowledged... if I understand correctly.

Your BOP is fine.

Here is a link with everything you need to know about BOPs in California (post # 18):

http://www.creditinfocenter.com/forums/there-lawyer-house/310833-anyone-california-know-what-pos-use-when-serving-answer-complaint.html#post1135453

Link to comment
Share on other sites

calawyer: In that thread you said

You should not file it with the court.

Should I not place that on the POS-030 then?

And a question for everyone... there was a thread in regards to Lack of Standing - I do not have enough posts to drop a link... :(

In particular was on Line 16:

With affirmative defense, the defendant has the the burden of proof and must provide the evidence.

With Regular defense, the plaintiff has the burden of proof and must provide the evidence.

I believe they may have my correct account number. Is this a smart Affirmative Defense?

Link to comment
Share on other sites

I've decided to wait one more day with the Answer and BOP - only because I do not want to mess this up out the gate.

The main things right now are if I should even place an Affirmative Defense (possibles were Lack of Standing and Lack of Privity) as well as if I should include the BOP in the Proof of Service.

I'd rather hear what you guys think before I jump.

Link to comment
Share on other sites

failure to state a claim for sure. unclean hands for sure for any gankty stuff. Do not admit that you even received the alleged notice prior to suit.

the answer is good if you totally deny the allegations.

One question was the complaint verified if so a general denial would not be good.

Link to comment
Share on other sites

Seadragon: Well if I read correctly on this site...

The Declaration of Venue has the "under penalty of perjury..." on it just before the signature.

The Complaint however does not have this at all on it.

So as I understand it the complaint is not verified. Am I correct?

P.S. Sounds like I need to do some homework on the Defenses.

Link to comment
Share on other sites

Forget privity, there is no need for a contract between you and the JDB, the right to sell your account belonged to the OC and was in the cardholder agreement.

Got it. I researched all the defenses Seadragon mentioned and they seem to fit. So going with lack of standing, failure to state a claim & unclean hands.

Sound about right? I am filing tomorrow, so any suggestions or comments will be greatly appreciated.

Link to comment
Share on other sites

If I haven't learned anything else one here it is that you shouldn't assume anything. I too am being sued by CACH through Mandarich. They haven't been able to agree on what the account numbers are. Every time they send me a document they are generally the same numbers but in different orders. I honestly couldn't say what account they are even alleging.

Also, send the BOP as advised by Calawyer (an absolute saint on here). You will get a bunch of crud to which you start sending meet and confer letters to them requesting the actual information that is required by a BOP.

Take a deep breath and take one thing at a time. Once you filed your Answer you have time to research and prepare. Stay on top of it but don't freak. And check in here often! These guys and gals know what they are talking about.

Have you received your CMC date yet?

Link to comment
Share on other sites

My first point in the above post being...

don't assume they know or have your account or account number. Make them prove EVERYTHING and don't give them ANYTHING you don't have to.

And yes, it is a waiting game. Take a breather for a day or two (easier said then done, believe me I know). Then start doing some research and a preliminary outline of the case. I have a notebook with each of their counts against me, what I know are the 'issues' with each as well as their so-called supporting documents. If they hold true to form you will get the same as myself and 1111girl.

At any rate, you will get a response to your BOP it just won't be what is required. When you do post it and we will help you with the next step, especially Calawyer.

Edited by mommamia3
Additional info
Link to comment
Share on other sites

  • 4 weeks later...

So an update, since I neglected on my own thread - running through others...

I got my BOP answered with a letter saying that my request was inapplicable under CA law for the account stated and breach of contract causes of action pled in the subject complaint Distefano v Hall 1963. As a result please be advised that we will not provide a response.

calawyer came up with a brilliant letter to help me out and I wanted to share this as well:

Thank you for your letter dated [Date] regarding the Bill of Particulars served in this matter. In that letter, you refuse to respond to Defendant’s Bill of Particulars claiming that a Bill of Particulars is not required for plaintiff’s claims of account stated and breach of contract.

You cite the case of Distefano v. Hall for this proposition. While Distefano does suggest that a Bill of Particulars may not be required for an account stated claim, the Court reached the opposite conclusion with respect to breach of contract: “Section 454 has received a fairly broad interpretation and has been construed to cover almost any kind of contract action for a money claim made up of more than one item.” [218 Cal. App. 2d 677].

I cannot understand why plaintiff would object to providing the most basic discovery that will be necessary to prove its claims. In any event, your erroneous objection to the Bill has already caused plaintiff’s response to be tardy. As the Distefano court noted, “The penalty for failure to furnish a bill of particulars, when one has been demanded, is that no evidence will be allowed in support of the cause of action pleaded.”

Please respond without further delay or defendant will seek relief from the Court.

And then came back with this gem as well!

DEFENDANT'S FIRST REQUEST FOR PRODUCTION OF DOCUMENTS

(Code Civ. Proc. §2031.010 et seq.)

PROPOUNDING PARTY: DEFENDANT _____

RESPONDING PARTIES: PLAINTIFF _____

SET NO.: 1 (One)

Pursuant to §2031 of the California Code of Civil Procedure, please provide and serve, within 30 days of the date of service of this request, the written response and statement required pursuant to CCP §§2031 (g), (h) and (i) and please produce for inspection and copying within 30 days of the date of service of this request, at 9:30 a.m., at [YOUR ADDRESS]the following DOCUMENTS and things listed below.

I. DEFINITIONS

“DOCUMENT” means and includes, but is not limited to, the following: ANY writings, drawings, graphs, charts, photographs, phonograph records, tape recordings, notes, diaries, calendars, checkbooks, books, papers, accounts, memoranda, correspondence, reports, spreadsheets, working papers, drafts, appointment books, videotape recordings, and ANY computer-generated, computer-stored or electronically stored matter, such as e-mail, instant messages, computer databases and electronic data stored on hard disks, floppy disks, magnetic tape or other electronic storage medium, as well as ANY other written, typed, printed, graphic or recorded matter of ANY kind, however produced or reproduced; ALL “writings” within the meaning of California Evidence Code §250; and ALL “writings,” “recordings” and “photographs” within the meaning of Federal Rules of Evidence §1001. Any written, printed or electronic copies of DOCUMENTS bearing notations, marks or codes not found in the original shall be deemed to be different DOCUMENTS and shall also be produced.

“ANY” shall mean “any and all.” Similarly, “ALL” means “any and all.”

1. ALL DOCUMENTS relating to or constituting ANY agreement between defendant and OC.

2. ALL DOCUMENTS relating to or constituting ANY assignment to plaintiff of the account referred to in the complaint.

Dated: ______

__________

Your name

The letter I sent off had a change to it, but these are great templates that someone may need in the near future.

Edited by looking4help
  • Like 1
Link to comment
Share on other sites

I have received my Interrogatories, production of documents, and requests for admissions. They seems to be the same as 1111girls wording and all -Cant post a link yet, not enough posts-. Except my Admissions adds a couple more for a total of 11 Q's:

4. Admit that You agreed to pay OC and its successors and assigned all outstanding balances owed on the account.

6. Admit that you received a final statement on or around xx/xx/xx from OC with an outstanding balance of $.

7. Admit that you never disputed, with any person or entity including the OC, the statement with an outstanding balance of $.

All other Q's are the same.

I am trying to work on these now.

Link to comment
Share on other sites

I have received my Interrogatories, production of documents, and requests for admissions. They seems to be the same as 1111girls wording and all -Cant post a link yet, not enough posts-. Except my Admissions adds a couple more for a total of 11 Q's:

4. Admit that You agreed to pay OC and its successors and assigned all outstanding balances owed on the account.

6. Admit that you received a final statement on or around xx/xx/xx from OC with an outstanding balance of $.

7. Admit that you never disputed, with any person or entity including the OC, the statement with an outstanding balance of $.

All other Q's are the same.

I am trying to work on these now.

These are my suggestions:

4. Denied

6. Denied

7. Admitted to the extent that Defendant could not have disputed a statement which Defendant denied receiving.

Link to comment
Share on other sites

Guest
This topic is now closed to further replies.
 Share

×
×
  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.. For more information, please see our Privacy Policy and Terms of Use.