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CACH LLC vs. Me (update: dismissed w/o prejudice)


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Thanks for the congrats. Although I was all prepared to do all sorts of objecting and question the witness and all the other stuff, I suppose I'll take this as a victory for now. :-)

 

Thank you to everyone who helped me along the way in this - it's been a very difficult year for me so getting through this with help is much appreciated.

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sounds like the lawyer was fishing out of desperation...bottom-line, these JDB's can't prove squat without the original terms and agreement and a signed contract (your signature when you first opened the credit card)

 

they have no standing, affidavits signed by anyone is not admissible in court, even if they do appear they have to prove how the transfer is typically set and how the documents were produced and you, as the defendant, do not have to prove a lick. you are not the one suing anyone. 

 

these JDB's make millions a year bullying and scaring people into settling debt when they pay pennies on the dollar for it. i would say as an educated guess, probably 8 out of 10 people end up settling something with by automatic judgement if a defendant doesn't respond they automatically win or people getting scared by the legal jargon. 

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these JDB's make millions a year bullying and scaring people into settling debt when they pay pennies on the dollar for it. i would say as an educated guess, probably 8 out of 10 people end up settling something with by automatic judgement if a defendant doesn't respond they automatically win or people getting scared by the legal jargon. 

 

I would say you're correct. This adorable family who was on the docket before me (man and woman who had the cutest baby on the planet) had been cornered by the lawyer before the session started for the morning and had agreed to a settlement. They had to pay something like 50 bucks a month for the next five years! I was saddened by the sight of it because they clearly had no lawyer (likely something they could not afford) and had this new baby to take care of.

 

Default judgments too I think are just too common. These debt collectors are just running wild with the court system and abusing it. Cluttering dockets and getting money for debts of which they can't prove ownership. Just horrible people.

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Congrats on your win!!

 

as far as them getting the OC's records, and they become legit just because they were transferred, is pure bull.  In my case Chase didn't register my account as settled, and sold it despite the fact I settled it.  They still need someone from the oc that says he/she went through the account and the records were correct.  In my case, how could I dispute on an account stated if I had paid it off in a settlement?  Double jeopardy.  (I didn't keep my stipulation letter (dumass) so I had to pull my payments and credit report.)

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It really seemed like a losing battle for so many defendants and cases when I was in court. People (even if they had lawyers) were settling cases, people without lawyers were getting rail roaded. Crazy stuff.

 

I'm thinking of trying to sue them for violations of the FDCPA. I'm currently looking at whether all the different contracts they tried to provide might offer ammunition for such a suit.

 

Congratulations!!! This is great inspiration for my case against CACH as well!!

 

I'm glad :) After all of the settlements and default judgments I saw during my day in court, I can see why these JDBs think they can just roll over defendants.

 

Congrats on your win!!

 

as far as them getting the OC's records, and they become legit just because they were transferred, is pure bull.  In my case Chase didn't register my account as settled, and sold it despite the fact I settled it.  They still need someone from the oc that says he/she went through the account and the records were correct.  In my case, how could I dispute on an account stated if I had paid it off in a settlement?  Double jeopardy.  (I didn't keep my stipulation letter (dumass) so I had to pull my payments and credit report.)

 

See, I'd think there would be something to supercede or contradict this particular federal rule - and the defendant at whom the statute was hurled just didn't know how to respond because he wasn't a lawyer. Nevertheless, it's an argument I hadn't heard before on the forums.

 

Yep.  You are the prevailing party.  File a Memorandum of Costs.

 

Doing this Monday! Need to get that money back!

 

You pulled it off great job. Get your costs back

www.courts.ca.gov/documents/mc010.pdf

 

Oh yes, indeed, I will.

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Also, I'm considering a lawsuit due to all the incorrect contracts they sent me. They provided an invalid contract during litigation and tried to validate their causes of action with this contract. Under the FDCPA, I read this:

 

§ 807.  False or misleading representations  [15 USC 1692e]

 

(10) The use of any false representation or deceptive means to collect or attempt to collect any debt or to obtain information concerning a consumer.

 

 

A lawsuit is an attempt to collect a debt and using a false contract is a deception, correct?

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I am SO proud of you.  You took this all the way and won.  Nice going.  And you remembered about the continuance.  THat is so important.  Many Judges don't know the rule because NOBODY shows up for trial and asks for a continuance except these debt collectors.

 

You beat these guys at their own game.  Don't forget to recover your costs.  And have a very nice dinner out to celebrate your victory.

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  • 6 months later...

I know it's been ages since I won this case, but I thought I'd come back to update things.

 

The lawyer on trial day warned me after the dismissal that they could come back and sue again (since it was w/o prejudice), but I haven't heard back from them yet. I hope they've learned their lesson. I can break out the lawyer garb and my phat legal motion skills again if necessary.

 

I'm half-expecting them to sell the debt to someone else (despite the nearness of the SOL). Will be interesting to see if they do.

 

I want a license plate that says LV2ARGU

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