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Hi Everyone, Looks like Cach, llc has been quite busy.. I need help on what to do or how to handle this lawsuit I received recently. Any opinions 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?

Rather not say, they might be snooping.

3. How much are you being sued for?

$2,000.00 plus court cost and interest. I assume this is small claims court.

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

G.E. Money Bank>Sound Advice.

5. How do you know you are being sued?

Process server at the door.

6. How were you served?

To me personally.

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

Yes.

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

No verbal, only Validation letters.

9. What state and county do you live in?

Florida.

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

Early 2011.

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

I believe 4 or 5 years, don’t know for sure.

12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or B) looking it up online (many states have this information posted - when you find the online court site, search by case number or your name).

Served Notice to Appear for Pre-Trial Conference/Mediation. I was served on 10/18/12 and Pretrial Conference is set for 11/13/12 (less than 30 days from time it was served).

13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?

Yes, numerous times and it comes back as verified.

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.

After discovering them in the Credit Bureaus I sent them (CACH) letters requesting validation. They never responded. Unfortunately I did not send the letters certified.

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?

It doesn’t state I need to respond, only to appear. But I read in Florida Small Claims Court Procedures it states if you are going to counterclaim it must be recorded 5 days prior to the pre-trial hearing. They are claiming Count 1 -UNJUST ENRICHMENT, Count 2-ACCOUNT STATED. I did not receive any interrogatory regarding the lawsuit.

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

Exhibit A: Bill Of Sale. Which states in the single paragraph: “For value received and in further consideration of the mutual Covenants and conditions set forth in the Forward Flow Receivables Purchase Agreement dated October 4, 2010 by and between GE Bank and CACH LLC, Seller transfers, sells, conveys and deliver to buyer assigns without recourse except as set forth in the purchase agreement and delivers by seller to buyer on each transfer date, and as further described in the purchase agreement”.. It was only signed by the sellers and nowhere was there an area for CACH to sign. The signatures were dated 1 year later on October7, 2011. There is no mention of my name or any account number anywhere.

Exhibit B: Affidavit of Sale from State of Minnesota: affiant stating to be a collections Operations Representative at GE Bank. Affidavit states my name and an account number stating this is my account and it was reflected in the system of GE Bank that this account was sold to CACH LLC. At the bottom above the signature it states “The following statement pertains if the debtor referenced above is a state of California resident (which I am not): I certify under the penalty of perjury under the laws of the state of California that the following is true and correct. It was signed this last June, 2012. Affidavit had no letter head from the Bank, it looks like something I could create. It was also notarized.

Exhibit B: 2 bank states, 1 in Feb. of 2011 showing a payment and 1 statement in August of 2011 showing a charge off. Neither statement shows any purchases.

I was wondering if I could countersue to have them delete their tradelines from the credit bureaus. I really don’t know how to attack this lawsuit. General Denial? Etc.

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Have you looked into the possibility of arbitration? It can cost them a lot of money and may not be worth it for them. Check out the arbitration forum to see if that is something you are interested in.

If you want to fight it in court, and Cach is an out of state plaintiff, you can ask the court to make them post a $100 bond like this FL member did.

http://www.creditinfocenter.com/forums/1204904-post16.html

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Thanks for the response.. right now I am trying to fiqure out my options on attacking them. I think their bill of sale can be dismissed because there is no mention of the account on it. I am concerned about the affidavit of sale and the 2 statements.

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Affidavit states my name and an account number stating this is my account and it was reflected in the system of GE Bank that this account was sold to CACH LLC.

Did the affiant ever work for GE? No. So how do they know what is in GE's system? They don't. How could they possibly know whether the info they never saw in GE's system is accurate? They don't. They'll swear to it though, which in my opinion is borderline perjury. Most states have a statute or court rule covering affidavits made in bad faith. These things qualify in my opinion. They are attempting to pull a fast one on the court by filing something that cannot possibly be true in order to get over on a consumer. I would send them one interrogatory......state the dates during which time affiant Joe Smith worked for GE Bank. That's all you'll need. Then file on them for the fraudulent affidavit. The way they worded it is fairly obtuse, and probably for a reason. However, a plain reading of this would lead the least sophisticated consumer and pro se litigant to believe that they are authenticating GE's records. If they balk, ask them just what in heck they ARE attempting to do.

You may have to wait to do this, the only place I see affidavits in bad faith in FLA is when they file for summary judgment, which they might do. Or, you could file a motion to strike the affidavit for the same reasons and challenge the legal sufficiency of the pleading to which it was attached.

Edited by BrunoTheJDBkiller

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I was wondering if I could countersue to have them delete their tradelines from the credit bureaus.

Probably not. First, there would need to be a valid counterclaim. For instance, if this account were outside the SOL, you'd have a counterclaim against them for filing suit on a time-barred debt.

Second, I don't think you can stipulate the end result of the counterclaim in a pleading. You could stipulate the removal of the TLs in a settlement agreement but not in the pleading itself.

Right now, focus on answering the complaint. Study your court's Rules of Civil Procedure. Also, read the following threads:

http://www.creditinfocenter.com/forums/there-lawyer-house/313112-all-inclusive-ive-been-sued-contacted-midland-whats-next-help-me.html

In the above thread, just replace the name "Midland" with "Cach".

http://www.creditinfocenter.com/forums/there-lawyer-house/312714-standing-when-dealing-jdb.html

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BV80 is right, you would need some separate suit to accomplish this, like a suit under the FCRA. You would have to petition the court in your prayer for relief to issue an order removing the negative information. For two grand, don't get ahead of yourself. Look into arbitration.

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Thanks everyone for the input and I see what you mean. I also read the links that was suggested. I see about the "lack of Standing" approach being effective. I believe I can use that. I was wondering how to go about the pre-trial hearing. Do I do nothing and go in there and deny everything, wait for the court date and then start discovery. Or should I file motions before the hearing so the judge will see them off the bat, I'm a little confused on that point and don't quite know the best approach. I do know I want to deny, deny, deny!

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Answer the suit, deny everything, and start your discovery. That is where you will demand all their evidence (which down the road you will destroy as hearsay b.s.) and anything else they will use at trial.

Prepare like this is going to trial. They are full of b.s. but you don't really have any pre-trial motions to beat them. Let it play out and if you just keep up the pressure with discovery THEN your motions to preclude, you will get in a position to destroy them at trial or even beat them by summary judgement.

You have to lay the foundation and the best way to do that is to let them lay it for you, in discovery. They will spoon feed you the victory with the b.s. they produce in discovery, or the lack of production (even better).

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Thanks so much Coltfan1972. Can I use just a one sentence denial like: "Defendant denies for want of knowledge the allegations contained in Plaintiff's complaint". I don't know if I can use that since they attached some things. Or should I answer (deny) each paragraph.

Also I came across this with caselaw and wonder if it can be used. It is about assignment:

The issue presented to the Court concerns the application of Section 559.715, Florida Statutes, to the facts of the instant case, based upon the record evidence indicating Plaintiff did not provide notice of an assignment within thirty (30) days as provided by the Statute. Section 559.715, Florida Statutes, states: “This part does not prohibit the assignment, by a creditor, of the right to bill and collect a consumer debt. However, the assignee must give the debtor written notice of such assignment within 30 days after the assignment.”

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Thanks so much Coltfan1972. Can I use just a one sentence denial like: "Defendant denies for want of knowledge the allegations contained in Plaintiff's complaint". I don't know if I can use that since they attached some things. Or should I answer (deny) each paragraph.

Also I came across this with caselaw and wonder if it can be used. It is about assignment:

The issue presented to the Court concerns the application of Section 559.715, Florida Statutes, to the facts of the instant case, based upon the record evidence indicating Plaintiff did not provide notice of an assignment within thirty (30) days as provided by the Statute. Section 559.715, Florida Statutes, states: “This part does not prohibit the assignment, by a creditor, of the right to bill and collect a consumer debt. However, the assignee must give the debtor written notice of such assignment within 30 days after the assignment.”

You don't really use case law in your answer to the complaint.

Regarding the allegations, deny any allegation that merely requires a simple denial. Don't elaborate. For instance, if they claim to own the account, simply deny. No explanation.

If they claim you had an account with the OC but haven't provided absolute proof of that account, then you might state something like, "Defendant has insufficient information to admit or deny and, therefore, denies."

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Okay, so answer every paragraph then... I mentioned the one simple sentence of "Defendant denies for want of knowledge the allegations contained in Plaintiff's complaint" because an attorney at one point in time told me that one line can simply be used and then I would have my day in court. I was skeptical at the time, this was several years ago.

So what's your thought on the Fla. statue I mentioned concerning assignment. You think it would just be their word against mine since they could simply state in court that they did send me a letter.

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Hi everyone! Guess what happened!! last week I sent answers denying everything then yesterday in the mail I receive a Voluntary Dismissal without Prejudice from CACH, LLC's attorney.

It appears to me they were on a fishing expedition and when I answered they gave up. I am going to check with the clerk's office the day before the pretrial Conference to make sure it was filed and recorded (I don't want any surprises).

Now the only thing left to do is I need to figure out how to get CACH, LLC off the credit bureaus. Since they filed the dismissal I was wondering if I can counter sue them to get them to remove themselves from the credit bureaus or is that not a good thing to do, I don't want to wake a sleeping giant.

Has anyone had any success in having them, or any JDB removed from the credit files? I believe their next course of action is to just keep verifying when I dispute in hopes I'll pay up. Any suggestions!

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I am in the same situation. How did you write your response? Did you simply write "Defendant denies" or did you write "Defendant has insufficient information to admit or deny and, therefore, denies." I have 5 requests for admissions. 1st is the amount, 2nd is documents are true, 3rd is interest rate, 4th is pricipal amount due is correct, and 5th is damages are liqidatedand full.

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Hi everyone! Guess what happened!! last week I sent answers denying everything then yesterday in the mail I receive a Voluntary Dismissal without Prejudice from CACH, LLC's attorney.

It appears to me they were on a fishing expedition and when I answered they gave up. I am going to check with the clerk's office the day before the pretrial Conference to make sure it was filed and recorded (I don't want any surprises).

Now the only thing left to do is I need to figure out how to get CACH, LLC off the credit bureaus. Since they filed the dismissal I was wondering if I can counter sue them to get them to remove themselves from the credit bureaus or is that not a good thing to do, I don't want to wake a sleeping giant.

Has anyone had any success in having them, or any JDB removed from the credit files? I believe their next course of action is to just keep verifying when I dispute in hopes I'll pay up. Any suggestions!

That's just how easy it can be (sometimes). Got the paperwork on a Midland case here, the defendant's attorney (her son) denied everything, they had meet and confer (on phone most likely) then filed for discovery. About 45 days later Midland dismissed with prejudice. The amount was almost 3k. I pulled all the papers in the file and nowhere were there any supporting documents from Midland.

Just remember, that until the SOL is run out they can always refile later and try again. Continue to educate yourself and be vigilant. Don't get complacint.

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To Hobbitlin1...I answered the entire complaint in one sentence. I wrote Comes Now the Defendant, XXXX, Pro Se, and states the following as his answer to the Plaintiff's Complaint: "Defendant denies for want of knowledge the allegations contained in Plaintiff's complaint". I was told by an attorney that I could use that one sentence and by doing so I would have my day in court.

However, I would suggest to ask and look around this forum though because I believe the majority of people here are saying to answer each paragraph (or charge). My method was after talking with an attorney with him looking over my lawsuit.

To Saytar... Yes I agree with you. I only wish they would have continued with the lawsuit because the items attached to the suit could easily have been defeated in court. I feel if I would have won it would have been easy to get them off the credit bureaus.

Edited by 1artisan
word change

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I did not receive a notice to appear, rather I received a summons requesting a written response. I had the same exhibit A and B except that they did not include any copies of my statements. They have not included anything else. I am sending a response stating what you said and then addressing each admission with the same. I would think that they would have to provide some sought of proof other than the Bill of Sale and Affidavit of Sale. Also figure if they take me to court I can then get an attorney. Keeping my fingers crossed. Bringing it to the court tomorrow and mailing it to them also. Wish me luck.

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In my situation I only stated the one sentence and did not answer each accusation. My attorney I talked with stated to me just answer with that one sentence then I could do discovery to make them produce.

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