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Being sued by CACH, LLC. Need major help!


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First time poster. A little stressed out as I have no legal knowledge whatsoever. Any help would be greatly appreciated.

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

3. How much are you being sued for? $4500

4. Who is the original creditor? (if not the Plaintiff)CITIBANK SOUTH DAKOTA, N.A.

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

6. How were you served? (Mail, In person, Notice on door)Summons left on my doorstep, then mailed copy about a week later.

7. Was the service legal as required by your state? Not sure?

8. What was your correspondence (if any) with the people suing you before you think you were being sued? None noted.

9. What state and county do you live in? California (Santa Clara County)

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Less than 2 years.

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

Some more info:

After receiving the summons on Feb. 10th I called Mandarich and worked out a payment plan. I was told I would be receiving paperwork for me to sign (supposedly a contract?). They stated they would cease from going forward with the lawsuit. I made first payment over the phone (stupidly as I now know). Now they are ignoring my requests for a contract stating those claims. I am past the 30 day response time period.

The court websites has two recent entries from 2/27/12. I will do my best to show what they say as I don't understand the lingo.

Cv Decl:Non-Service 2/27/12

Cv Proof Of Svc Compl/Pet/Summons 2/27/12

So....what can I do? I beleive I can still file my answer, but I have no idea how to even do that. I have the Answer paper on my computer in PDF, but I don't know how to fill out most of the boxes and/or if I need to.

Any and all help would be greatly appreciated.

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That really sucks, just to be blunt. They do this all the time. They promise you the moon then when the time period to respond has expired, go back on their word and usually hit you with a default judgement.

Your options are limited. You can move the court and ask for more time to respond. You can try to show the other side used trickery, but really that is a long shot. What I would do is file my answer tomorrow and have it served on the other side. Then argue to the judge there is no prejudice to the other side and hope you catch the judge is a good mood.

You admit you were served, have not answered the suit in the time frame allowed, and have paid the other side. That is not exactly three things in your favor.

One thing in your favor is if you can find someway to keep this from a default and the judge either accept your answer or give you more time to answer, you can get around the payment issue since this is a junk debt buyer. You can argue you paid out of fear and lack of knowledge and yes your payment would probably show you owe the debt you can still argue you don't owe it to the junk debt buyer.

In other words you can still challenge their standing, the best defense going for defeating junk debt buyers.

I can't sugar coat it though. You're not in a very good position. It will take some work (quick work) and a little luck to get this out of a default judgement. Bottom line is you did not answer in time and there is no way in hell the other side is going to admit to this "agreement" in other words the agreement you had/have with the other side is as good as the paper it is written on.

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Thank you Coltfan1972 for the reply. Now my other problem is filling out the paperwork to respond. I have no idea how to do it. I have the Answer Contract, but no idea how to properly fill it out. I was told that as long as they haven't filed whatever paperwork (don't know the correct term), the court will still accept my response. Is this true?

If I do get a court date, would I have any defense if I showed I have paid them $700 so far? I agreed on $700 upfront, then $700 on 3/30/12, then $250/mo on the 20th of every month. If I can get that in writing AND get it in writing that they will cease the judgement process, is that good enough?

Any ideas on those two lines I posted from the court website?

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Thank you Coltfan1972 for the reply. Now my other problem is filling out the paperwork to respond. I have no idea how to do it. I have the Answer Contract, but no idea how to properly fill it out. I was told that as long as they haven't filed whatever paperwork (don't know the correct term), the court will still accept my response. Is this true?

That is your shot that I was referring to as if you can show no prejudice to the other side. It's not true as 100% guaranteed, but it is a very good chance, really your only chance.

You need to get some professional help real quick. There is just too much to learn and really you need to be at the courthouse tomorrow morning filing your paperwork.

But real quick, yes, your defense would be challenging their standing. That is what I was saying about being able to pay them but still win. You don't deny you owe the money, you just don't owe it to them. They are not the original creditor so they would have to prove they have standing to even sue you, that flips an incredible burden to them.

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Ok, so I just got off the phone with Mandarich. They said they mailed me the contract last week. They will be E-MAILING me the "stipulations" of the payment plan and including the notes that they will not move forward with this lawsuit unless I default on the payments. They said since its late in the day, I should receive by mid day tomorrow.

So now, what type of paperwork should I file tomorrow? I was planning on doing the general denial. I should definitely still file an answer no matter what the stipulations of the contract are, correct? And whos to say ill ever receive it :roll:

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You realize they are sending you a stipulated JUDGEMENT ?

You sign that you don't need to worry about filing an answer.

LOL they are calling it a contract. I guess that is actually fairly accurate. Notice they won't use judgement. However, look it over when you get it and really read it. It's a judgement and your signing off on it. I don't really know what else you can do this late though to be honest with you.

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Thanks for the heads up. I still plan on filing a response tomorrow morning since they haven't done anything yet.

Does a stipulated judgement go on my public record and/or credit report? They said they won't persue it any further unless I default on the payment plan.

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Even you had made a check to Mandarich, it admitted you owed the debt but you still have a chance to fight back. You could have CACH lacks of standing as one of the defenses in an answer. You best shot is finding a hole in chain of title since OC is CITIBANK, or other defects through Discovery. Your situation is similar to case law CACH, LLC v. JON ASKEW.

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I don't deny that I owe the debt, but I understand they are a JDB and I probably shouldn't have to pay them. Based on my previous stupidity or lack of knowledge, all I'm looking for now is to avoid a judgement on my public record and credit report.

I'll be at the Courthouse first thing tomorrow morning to get the paperwork thats already been filed. Then I'll file a response after getting some help there. I don't know if I should file a Discovery. Wouldn't that anger them to press forward?

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No use crying over spilt milk. You made a payment because the plaintiff not their attorney called you. they frightened you into paying and tried to trick you into a stipulated judgement.

They don't think you will answer, but and here is one bad thing you have to have the filing fee or a fee waiver to file it tomorrow.

so post the complaint quickly and we will help

10 to one says breach of contract, account stated and possibly open book account are the causes of action.

BoP them and possibly demurrer them.

Edited by Seadragon
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Yes, first cause of action is Breach of Contract. Second is Account Stated. What do you recommend filing. I should be receiving their "stipulated judgement" tomorrow.

What is the cost to file these papers?

Edited by bark32
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Yes, first cause of action is Breach of Contract. Second is Account Stated. What do you recommend filing. I should be receiving their "stipulated judgement" tomorrow.

What is the cost to file these papers?

Answer or other first paper filed by each party other than plaintiff (amounts up to $10,000) (including unlawful detainer)

GC 70614(B)

$ 225*

you can use a fee waiver form (it will give you extra time to come up with the money:

http://www.courts.ca.gov/documents/fw001.pdf

http://www.courts.ca.gov/documents/fw001info.pdf

http://www.courts.ca.gov/documents/fw002.pdf for waiving jury fees

http://www.courts.ca.gov/documents/fw003.pdf order for fee waiver

I have a california non form answer here:

http://www.creditinfocenter.com/forums/there-lawyer-house/312479-posting-answer-california.html#post1151240

need the complaint to tighten it up

oh and you need someone not you to sign this. Fill in the documents, and of course send a BoP.

and as for the payment just say I was under the impression that was to settle the case totally. what are they gonna pull out a settlement negotiation tape. you throw them a curve because of their dallying you thought the payment was a settlement they have not sent you anything to gainsay it. use that as an affirmative defense and make a settlement letter for the check as settlement for the total case. and mail that to them. beat them at their own game.

affirmative defense #1

Accord and Satisfaction

plaintiffs have accepteded settlement in this matter. plaintiff requested an amount to settle and funds were sent and cashed.

you see the fact of the matter is the cashed the check. that is how you handle the holding the stipulated judgment until the defendant defaults game.

http://www.creditinfocenter.com/forums/there-lawyer-house/312479-posting-answer-california.html#post1151240

Edited by Seadragon
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Even you had made a check to Mandarich, it admitted you owed the debt but you still have a chance to fight back.

The payment admits nothing other than a payment was made to avoid going to court. JDBs make payments to consumers to avoid going to court for FDCPA and FCRA violations without admitting anything.

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You may want to file a motion to quash service...from what you describe, service was deficient under CCP 415.10.

He was improperly served. I believe in California the summons MUST be handed to a competent adult over the age of 18 at the place of service. Once handed to a person, then a copy must be mailed. If they just left it at the door, that service is deficient.

Not to cloud the issue, but if he can get an affidavit from his wife or roommate or whoever stating the summons was hanging on the door when they got home and file a motion to quash service because it was deficient, that would certainly buy him some time as they would have to re-serve him and the 30 day clock starts over again.

What do you all think???

rt

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My Wife said that paperwork was just sitting on our doormat when she got home. She said it looked like they may have tried to tape it on our door, then it fell off. No one was home the whole day as we were both at work.

I'll be heading down to the Courthouse shortly to look through all of the paperwork that has been filed so far.

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After reading ccp 415.10 and ccp 415.20 it doesn't look like I was served properly. That may explain the last entry on my Actions/Docket dated 2/27/12 as saying "Cv Decl:Non-Service". Doesn't that mean they were unable to serve me?

Also, on 2/27/12 is says "Cv Proof Of Svc Compl/Pet/Summons". So not sure what these two entries above actually mean?

Regardless, ccp 415.20 says something about if they fail to serve me personally (if they served someone else in my home, which they didn't) then "Service of a summons in this manner is deemed complete on the 10th

day after the mailing". So technically I have extra time to respond.

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I don't see where the payment he made by phone hurts him at all. He said they never sent the proposed agreement, and he was within the SOL anyway. He still has a perfect legal right to defend the suit. I would recommend closing that account, nothing worse than letting a JDB have access to your money. They may just decide to raid the account, and then he'll have to sue them to get the money back. He did acknowledge the debt by making that payment, but that's easy to fix.

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I just wanted to thank everyone for the replies and advice. I would have no idea where to start and I appreciate the replies and direction.

Does anyone know what these two entries mean on my Actions/Docket?

Cv Decl:Non-Service 2/27/12

Cv Proof Of Svc Compl/Pet/Summons 2/27/12

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Mandarihc uses rent-a-lawyer all over counties. Each greedy one handles a few hundred cases and has a chance to mix up and make mistakes. So, read carefully every paper they have sent you and find error amount of $$ or contradictory statement on it, to formulate a defense. The law firm is a CA has quite a few complaints on BBB, so be aware !!.

Like other had said on this board, 95% they win by default SJ. Dont let them have too easy money. Coltfan is right, I’m not offer you an answer,but the support.

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