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Sent DV letter two weeks ago, then served papers.


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I'm getting more information from my wife (the papers are for her), but these are these are the very basics of what has happened.

We're thinking of trying to settle (although it seems the community here is VERY against this) because I'm currently in Afghanistan, and she have VERY busy with school. I'm wondering what my options are here.

Could I contact a lawyer and have them handle this, on our behalf?

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I know this is a dumb question, but, how much of a process am I looking at here? As in, how long does something like this take a lawyer to fight?

Sorry, I'm trying to read as much as I can about this, but I find that the huge amounts of information here is somewhat overwhelming. Which is not a terrible thing, but I wish I would have started reading up on this MONTHS ago!

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Any case in Calif takes a minimum of 6 months... unless you decide to take a default...

We would very much prefer NOT to take the default. I think at this point, we would be fine with settling, and requesting that they delete the negative credit remarks on her report, but I don't know where to even begin in negotiating this, in a way to where they won't screw us over.

This is the letter we sent them previously

Date

Name

Address

City, State Zip

Collection Agency

Collection Agency Address

City, State Zip

Re: Acct # XXXX-XXXX-XXXX-XXXX

To Whom It May Concern:

I am sending this letter to you in response to a notice I received from you on (date of letter). Be advised, this is not a refusal to pay, but a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 (B) that your claim is disputed and validation is requested.

This is NOT a request for “verification” or proof of my mailing address, but a request for VALIDATION made pursuant to the above named Title and Section. I respectfully request that your office provide me with competent evidence that I have any legal obligation to pay you.

Please provide me with the following:

• What the money you say I owe is for;

• Explain and show me how you calculated what you say I owe;

• Provide me with copies of any papers that show I agreed to pay what you say I owe;

• Provide a verification or copy of any judgment if applicable;

• Identify the original creditor;

• Prove the Statute of Limitations has not expired on this account;

• Show me that you are licensed to collect in my state; and

• Provide me with your license numbers and Registered Agent.

If your offices have reported invalidated information to any of the three major Credit Bureau’s (Equifax, Experian or TransUnion), said action might constitute fraud under both Federal and State Laws. Due to this fact, if any negative mark is found on any of my credit reports by your company or the company that you represent I will not hesitate in bringing legal action against you for the following:

• Violation of the Fair Credit Reporting Act

• Violation of the Fair Debt Collection Practices Act

• Defamation of Character

If your offices are able to provide the proper documentation as requested, I will require at least 30 days to investigate this information and during such time all collection activity must cease and desist.

Also during this validation period, if any action is taken which could be considered detrimental to any of my credit reports, I will consult with my legal counsel. This includes any information to a credit reporting repository that could be inaccurate or invalidated or verifying an account as accurate when in fact there is no provided proof that it is.

If your offices fail to respond to this validation request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from my credit file and a copy of such deletion request shall be sent to me immediately.

I would also like to request, in writing, that no telephone contact be made by your offices to my home or to my place of employment. If your offices attempt telephone communication with me, including but not limited to computer generated calls or correspondence sent to any third parties, it will be considered harassment and I will have no choice but to file suit. All future communications with me MUST be done in writing and sent to the address noted in this letter.

This is an attempt to correct your records, any information obtained shall be used for that purpose.

Best Regards,

Signature

Name

I had her send this via Certified Mail. Could the fact that we sent this, previous to being be of any advantage to us?

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Well that answers on why you immediatley got sued. That's the please sue me because I don't know what I'm doing letter.

You can read many posts on this board. I'd sit back take a day off so you don't do anything stupid. Then start reading about standing, the BOP for California, and in general on how to beat these cases. They are very, very beatable, but it does take some work. But the main thing you don't need to do from this point on is send something that is just copy and pasted that you are not for sure what it means or what could come of it.

Those that fight to the bitter end generally win. If settling for a smaller amount is considered a victory then you can probably get your victory that way also. Good luck and read and ask a ton of questions.

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Well that answers on why you immediatley got sued. That's the please sue me because I don't know what I'm doing letter.

You can read many posts on this board. I'd sit back take a day off so you don't do anything stupid. Then start reading about standing, the BOP for California, and in general on how to beat these cases. They are very, very beatable, but it does take some work. But the main thing you don't need to do from this point on is send something that is just copy and pasted that you are not for sure what it means or what could come of it.

Those that fight to the bitter end generally win. If settling for a smaller amount is considered a victory then you can probably get your victory that way also. Good luck and read and ask a ton of questions.

:oops: CRAP! Like I said, I wish I would have found this place MONTHS ago! We're trying to clean up some credit items on her report. If it means we have to settle, or pay what they're asking, we're more than willing to go that route, BUT since I've NOW found this place, I want to find a way to make these payments and not open ourselves up for further headaches.

We're not really in a position to fight the good fight on this one. As I mentioned, I'm in Afghanistan, and she's incredibly busy with school, and internships.

Edited by 1stGenRex
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It will take a ton of time and effort to do this pro-se and it does not appear you have that time. You can look for an atty but generally speaking their idea of fighting for you is to tell you to settle at around 60% and then by the time you pay the atty you've paid the full balance. The pay for delete is also a lot harder to accomplish than one might think. In fact, if this is with a junk debt buyer then the original creditor will keep their negative reporting on the report no matter what. Sorry to sound negative, but it's just the truth. Her not having time and you out of the country does not equal success, generally speaking.

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You have really not provided any information on this debt fou us to help you with a decision. There is a 20 question form you need to fill out. Who is the creditor, the amount, SOL? and many other things.

You might be good to file aribritration on this if it's below 10K.

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Depending how much the debt is.... I think it is worth the time. I was at first overwhelmed and now I am convinced these folks (folks on this site) mean business. They talked me out of a bankruptcy and are now guiding me through my lawsuit. It has just begun. They have given me the confidence to pursue this and hopefully win. Have your wife get on her and ask questions and do searches. You will find a case similiar to your own and often they have drafts and templates that will help you fight your case. DO NOT GIVE MONEY to these people wouldn't you rather give it to a charitable cause after you win!

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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, LLP

3. How much are you being sued for?

Less than $3500

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

B of A

5. How do you know you are being sued? (You were served, right?)

Served.

6. How were you served? (Mail, In person, Notice on door)

In Person

7. Was the service legal as required by your state?

I believe so

8. What was your correspondence (if any) with the people suing you before you think you were being sued?

The stupid letter above. Sent as a response to their "if you don't respond within 30 days, it's assumed the debt is valid" type letter.

9. What state and county do you live in?

California, San Bernardino County.

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

Not sure, but I'm almost positive we are within SOL.

11. What is the SOL on the debt?

4 years

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

CASE ASSIGNED FOR ALL PURPOSES TO DEPARTMENT S37

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? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late.

YES (if the letter above counts for anything)

15. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit?

30 days from 10/23/2012

No questionnaire

16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits.

Pg 1 Summons

Pg 2-3 Facts common to all causes of action

Pg 4-5 First Cause of Action (Breach of Contract) Second cause of action (Account Stated)

Pg 6-7 Letters starting with "I am an attorney licensed to practice....

Pg 8 Certificate of Assignment

Pg 9 Certificate of Service

That's it.

Edited by 1stGenRex
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  • 6 months later...

Well that answers on why you immediatley got sued. That's the please sue me because I don't know what I'm doing letter.

You can read many posts on this board. I'd sit back take a day off so you don't do anything stupid. Then start reading about standing, the BOP for California, and in general on how to beat these cases. They are very, very beatable, but it does take some work. But the main thing you don't need to do from this point on is send something that is just copy and pasted that you are not for sure what it means or what could come of it.

Those that fight to the bitter end generally win. If settling for a smaller amount is considered a victory then you can probably get your victory that way also. Good luck and read and ask a ton of questions.

Are you saying this is a bad letter or just the fact that he copied and pasted.  Im confused.  I thought other people on the forum used the same letter with good results.

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  • 2 weeks later...

You are in a COMMUNITY PROPERTY state.  Any lawsuit against your legally recognized wife is a lawsuit against YOU, too.  So the next question is, are you in Afghanistan as part of military duty assignment?

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