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Need help Mandrich LLC CACH vs me

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This site is great and filled with so much good advice!!

I am being sued by Mandrich LLC CACH for a debt they purchased from HSBC. I have followed so many of the suggestions from all of you! I responded to their first notice of judgement with a general denial, I answered their ROG's and Discovery request with responses I got from this site. I served them with a BOP as many of you suggested. I received their letter denying my request for a BOP but they did send me some doc's on the debt they said it was a courtesy and not part of my BOP request.

I just received from them a filing where they are asking for a trial date.

Can anyone help me?

Where do I go from here?

In the doc's they sent the HSBC agreement has a arbitration clause. Is this a good path??

 

Help!!

 

Here is some background information on my case

 

Being sued by- CACH

Plaintiff's attorney- Mandrich LLC

Amount they are asking for- $4,200.00

Original creditor- HSBC

Served in person

Assuming I was served legally?

I received a few demanding payment

Last payment on the account was early 2010

Debt has never been disputed

 

I see so much great help being given here! Just hoping someone can offer some help??!!

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Do you have a trial date? If so, when is it? I too am being sued by Mandarich for $20,000.00. They have a one size fits all approach to collection lawsuits. As the trial date approaches they will give you a CCP98 declaration, a credit card agreement (may not even be yours), some credit card statements, A Bill of Sale. Did you get this stuff?

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I don't have a date but the info they just sent is their request for a date. After they ignored my BOP request and my outline of Destefano v Hall response which the claimed didn't apply to this suit. They then sent a credit card agreement, some statements and a Bill of Sale.

Just wondering where I go from here??

Should I call Mandrich?

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I don't have a date but the info they just sent is their request for a date. After they ignored my BOP request and my outline of Destefano v Hall response which the claimed didn't apply to this suit. They then sent a credit card agreement, some statements and a Bill of Sale.

Just wondering where I go from here??

Should I call Mandrich?

You want to pin them down on what documents exist. You can either move to compel a further reponse to your BOP, or preclude them from introducing any documents other than the docs they gave you or send a request for production.  Because it does not seem as if they will provide the documents voluntarily, the first approach is probably the best.

 

When you say "outline" do yoou mean you wrote them a letter saying that their refusal was inappropriate?  If you, you have "met and conferred" and can file your motion any time.

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Glad to see you heard my plea calawyer!! 

After they sent a letter telling me my BOP was inapplicable (same one others have mentioned on this site). I sent them a letter stating the points of Distefano v Hall (found one of your examples) and that their response was inappropriate. We have not "met and conferred". Do I file a motion to compel and the attempt to meet and confer?

 

Next steps?

Motion to compel?

 

CaLawyer, I have a question on Statute of Limitations. The statements they sent me show the last action on the account was in Aug 2009. Is the three year statute of limitations past? Is the statute irrelevant if they filed to sue in June 2012?

 

Thanks for responding!

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MTC would be the next step then if you sent, what sounds to be, a M&C. I have a MTC in my thread I started about how I beat Midland.

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You want to pin them down on what documents exist. You can either move to compel a further reponse to your BOP, or preclude them from introducing any documents other than the docs they gave you or send a request for production.  Because it does not seem as if they will provide the documents voluntarily, the first approach is probably the best.

 

When you say "outline" do yoou mean you wrote them a letter saying that their refusal was inappropriate?  If you, you have "met and conferred" and can file your motion any time.

Hi Calawyer,

 

Do you mind explain your take on motion to compel? Why do you prefer it more than motion to preclude?

I am about to send my final M&C and prepare a motion, so I wanna weight my options too.  

 

Thank you very much in advance~

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I live in Los Angeles County in Calif

ASTmedic does MTC work in Calif?

calawyer do you have a MTC example for Calif?

Does the Motion to Compel have to be on pleading paper?

Is the motion filed at the courthouse?

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I live in Los Angeles County in Calif

ASTmedic does MTC work in Calif?

calawyer do you have a MTC example for Calif?

Does the Motion to Compel have to be on pleading paper?

Is the motion filed at the courthouse?

I have filed a MTC further responses and it was on pleading paper.  I filed it at the courthouse, too.

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I live in Los Angeles County in Calif

ASTmedic does MTC work in Calif?

calawyer do you have a MTC example for Calif?

Does the Motion to Compel have to be on pleading paper?

Is the motion filed at the courthouse?

And anything filed with the Courts must have a POS as well.

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Does anyone have a sample of a Motion to Compel?? I am having a little trouble with this new lay out and not really sure where I should be searching?

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