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How do I respond to a Meet and Confer by CACH LLC?


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Hi,

CACH LLC. filed suit against me for a credit card debt that is past the Statue of Limitations.

I responded to their discovery denying every single question and request on their special interrogatories, request for production of documents, and request for admissions. I felt that they want me to prove their case in court.

They sent a "Meet and Confer" letter stating that they intend to work out the deficiencies on my response to their discovery without court involvement. They said that overall my responses to their Special Interrogatories are deficient and non-responsive. They have requested that I supplement my responses. With regards to the request for documents, they were asking that I find the requested documents and supplement accordingly. If I don't respond within their given timeframe, they will take action accordingly.

My questions are :

1. What will happen if I ignore this "Meet and Confer" letter?

2. If I need to respond, how do I respond to this letter?

3. Should I send my own discovery to them?

4. Should I also send a request for a Bill of Particulars to CACH LLC?

Thank you very much in advance for your help.

sidea

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CACH LLC. filed suit against me for a credit card debt that is past the Statue of Limitations.

I would respond by telling them that their discovery is moot since the case is time barred by the SOL. I would attach a motion to dismiss. That is, of course, provided the information you are giving us is accurate.

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What did they identify as being deficient? Generally you will want to respond clearly and promptly to a meet and confer. This way when they decided to be stupid and press the matter with the court you can show you have been attempting to work with them and their demands are nothing but a pile of stinky stuff.

Usually what the deem as deficient, is total BS needed to make the case they do not have.

HOWEVER if this is truely SOL, reply as legaleagle suggests with a motion to dismiss based on SOL.

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1. What will happen if I ignore this "Meet and Confer" letter?

No telling. They will probably file a motion to compel. They have a deadline to do so, however. 45 days plus 5 extra days if you served the response by mail.

2. If I need to respond, how do I respond to this letter?

You look at their letter and see if you think they are right. If so, write them back and agree to supplement your response. Tell them you need _____days to do so. They will probably write you back and tell you they will need an extension on the motion to compel. Give it to them.

When you do your supplemental responses, remember that they don’t need to like your supplemental responses either. What I like to do is get some discovery out to the plaintiff ASAP. They won’t respond because they never do. But then you can say something like,” the complaint is vague. It does not even have the full account number. I have asked plaintiff to produce the account statements so I can tell what account this is. I will provide further information once plaintiff does so.” They won’t move to compel unless and until they give you sufficient documents because they know the Court will not be happy.

3. Should I send my own discovery to them?

Absolutely.

4. Should I also send a request for a Bill of Particulars to CACH LLC?

Absolutely.

As for the SOL issue, I doubt you have sufficient proof for a motion at this point. You should send a request for documents asking for all documents that show the date of last payment on the account at issue in the litigation. I would send that as a single request. Easy to file a motion to compel if they give you the run around.

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Many thanks to 1stStep, legaleagle, mommamia3, and KentWA for your valuable input and insight.

Special thanks to calawyer for your kindness and generosity.

1. BOP

I sent today my demand for BOP via CMRR and fax.

Do I give them 30 days as well to respond?

2. Discovery

I don't know how to start with my own discovery.

Does anyone have a sample for Special Interrogatories, Request for Production of Documents, and Request for Admissions?

3. M&C

I reviewed the M&C letter they sent me against my responses to their discovery. I felt that my responses to their discovery request are not deficient and non-responsive. Because they are the plaintiff, I think they have the burden of production to go forward with reliable, verifiable, and accurate evidence and they appear not to have the necessary paperwork. Instead, they want me to provide their evidence.

How do I respond to their M&C, if my responses are not what they claim it to be?

Thank you very much for all the help.

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I am sure Calawyer will point you in the right direction but I would send them a letter stating that you too are intent on handling this without court involvement, that you sent them a BOP request on ____ date, that based on the information you have available to you that your responses are the best that you can do at this time, and that once they respond to the bop you sent there is a good chance you will be better able to respond to their discovery.

I am sure Calawyer can help you polish this up :)!

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Hi,

1stStep,

Thank you very much for the information.

mommamia3,

Thanks so much for your input.

calawyer,

I sent a reminder but it didn't go through. I needed 8 more posts to be able to PM but here's my friendly reminder.

Thank you.

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If the debt is indeed time-barred and the JDB did sue outside the SOL, I agree with Legal that you should motion for dismissal. Also, that is a violation of FDCPA and you can sue them accordingly.

Any and all slapping of CACH LLC makes my day.. :D:D:D:D

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calawyer,

I sent a reminder but it didn't go through. I needed 8 more posts to be able to PM but here's my friendly reminder.

Thank you.

I pm'd you with a discovery suggestion.

As far as the SOL is concerned, you can't file a motion unless you have evidence. You should consider sending a single interrogatory as follows:

State the date upon which the last payment was made on the account referred to in the complaint.

And a document request that says:

Produce all documents showing date upon which the last payment was made on the account referred to in the complaint.

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yellowdog,

Thank you so much for the input. I will read up on the FDCPA.

calawyer,

I got your pm. Thank you very much for the two-pronged approach suggestions which are very helpful to my situation. You're heaven-sent. I'll send out my discovery throwing in the SOL documents.

Many, many thanks.

sidea

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