Jump to content

CACH, LLC vs. JimDandy


Recommended Posts

Hello, all,

 

Story

I'm truly happy to have found this forum and all the encouraging members. Last night (Sunday evening) I was served at my house, in person. Having read The Hitchhiker's Guide to the Galaxy, I did not panic. I instead took out my laptop and prepared to dig my heels in, and after a couple of searches I was deep into reading topics on this forum, and searching for the lingo whenever I saw something I didn't understand (soooo many open browser tabs).

 

I am comfortable with pulling my own load (and even others'), and I don't want anyone to do this for me. I'm prepared to own this! However, I'm pretty low on "juice" right now, and I feel like I have a lot of things to handle at once (spouse issues, work issues, money issues...). I just ask for guidance, support, and encouragement, and to bear with me as I'm dealing with this.

 

I'm sure I could have read a lot more before I got started on this thread, but sometimes you just want to start and get the ball rolling.

 

 

In my mind right now

I have received a summons and I understand I have to reply to it within 30 days. From what I've read, there are two ways to answer it: PLD-050 or PLD-C-010. I don't know which is applicable as I have doubts on if what I got is truly a verified complaint (read a lot on these forums that hinted it may not be, even though the wording is as such).

 

 

To do

1. Rest is sorely required, and after a busy day tomorrow, I will post the answers to the 16+ questions template I've seen in many threads. Sorry for the inconvenience, but my energy is truly drained at the moment.

2: Reply with an edited-for-any-sensitive-information scan of the summons in the hopes of getting forum help on if I can reply with PLD-050 or not.

3. Cross fingers and keep reading the forums and do my research thoroughly, as I proactively wait for help.

4. Determine which answer to send in response to the summons and execute on that.

5. ?

6. Profit (hey, you never know) :)

 

 

Thank you!

Link to comment
Share on other sites

Welcome,

 

I know the feeling that you're going thru. When I was served, it made me sick to my stomach. I didn't tell anyone not even my spouse. The whole weekend I sat on it, then the following Monday (I was served on a Friday) I started searching. I never heard of Midland and I stumbled on this wonderful site with wonderful people. So you came to the right place. Take your time, and when you're ready to post everyone will chime in. Here's a very good article to get you started: http://digitalcommons.law.umaryland.edu/cgi/viewcontent.cgi?article=2206&context=fac_pubs

Link to comment
Share on other sites

Welcome send a Bill of Particulars to them right away. We can talk about further actions when you are ready.

So I should do this even before answering the Summons? Like, the first thing to do when you get sued like this is BOP 'em?  :yahoo: "mmm bop, bop, bop, mmm bop"

 

I just want to make sure I do this in the right order, and all.

 

Thanks

Link to comment
Share on other sites

Welcome,

 

I know the feeling that you're going thru. When I was served, it made me sick to my stomach. I didn't tell anyone not even my spouse. The whole weekend I sat on it, then the following Monday (I was served on a Friday) I started searching. I never heard of Midland and I stumbled on this wonderful site with wonderful people. So you came to the right place. Take your time, and when you're ready to post everyone will chime in. Here's a very good article to get you started: http://digitalcommons.law.umaryland.edu/cgi/viewcontent.cgi?article=2206&context=fac_pubs

This was a very good read to me, but also quite technical. There was a lot I understood as part of having read it "in more context" from other forum threads here, and some was just tough to wrap my head around. I have a feeling I'll re-read parts of it as I go through this ordeal.

Link to comment
Share on other sites

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.)

NEUHEISEL LAW FIRM, P.C.

3. How much are you being sued for?

Roughly $5200 USD.

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

GE MONEY BANK

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

I received a Summons at my house.

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

I was served in person at the front door.

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?

I kept receiving calls from NEUHEISEL LAW FIRM, P.C. wanting to make a deal or "we will sue you". They said they were acting on behalf of CACH, LLC (to the best of my recollection).

9. What state and county do you live in?

California, Sacramento County

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

I don't recall specifically, but over 2 years ago. I don't believe it's been over 4 years (no SOL) since I even entered into the contract with the OC.

11. What is the SOL on the debt? To find out:
(4 years in CA) Roughly 1 year before SOL (guesstimating).

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).

Received summons. No idea when court date is (or if it's been set) as any dates on the paperwork I received are past, and I got the summons 5 days ago. No actions taken by me yet as I'm still gathering knowledge.

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

No disputes have been made.

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.

No DV request has been made.

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?

I have 30 calendar days (~25 left as of posting) to respond to the summons.

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

No statements, no contract, no affidavits (though I'm not even sure I know how to recognize one). The only thing I got was the papers stating "General allegations", "First cause of action (Breach of contract)", "Second cause of action (Account stated)", "Third cause of action (Money lent paid or expended)", and "Verification".

 

 

 

I intend to scan the summons tomorrow and white out any sensitive information, then post it here. From what I've read, chances are definitely in my favor, overall. I just need to do this right - by the book, so to speak. For this I need help. I'm still confused about BOP-ing first or after I reply to the summons (this says "after", and Seadragon says "right away", and I'm not sure the "Verification" is proper (which is why I'd like help interpreting it to see if I can do a General Denial).

Link to comment
Share on other sites

This was a very good read to me, but also quite technical. There was a lot I understood as part of having read it "in more context" from other forum threads here, and some was just tough to wrap my head around. I have a feeling I'll re-read parts of it as I go through this ordeal.

 

 

Try this one: http://www.courts.ca.gov/partners/documents/2011SRL5eRooney.pdf

Link to comment
Share on other sites

 Do you think CACH, LLC will want to pay for arbitration with Jams?

http://www.consumerfinance.gov/credit-cards/agreements/issuer/144/

http://www.jamsadr.com/rules-download-rules/

25. DISPUTE AND CLAIM RESOLUTION (INCLUDING ARBITRATION) PROVISION.

General/Requirement to Arbitrate. PLEASE READ THIS PROVISION CAREFULLY. UNLESS YOU SEND US THE REJECTION NOTICE DESCRIBED

BELOW, THIS PROVISION WILL APPLY TO YOUR ACCOUNT, AND MOST DISPUTES BETWEEN YOU AND US WILL BE SUBJECT TO INDIVIDUAL

ARBITRATION. THIS MEANS THAT: (1) NEITHER A COURT NOR A JURY WILL RESOLVE ANY SUCH DISPUTE; (2) YOU WILL NOT BE ABLE

TO PARTICIPATE IN A CLASS ACTION OR SIMILAR PROCEEDING; (3) LESS INFORMATION WILL BE AVAILABLE; AND (4) APPEAL RIGHTS

WILL BE LIMITED.

 

This Provision replaces any existing arbitration provision with us and will stay in force no matter what happens to your Account,

including termination.

Upon demand, and except as otherwise provided below, you and we must arbitrate individually any dispute or claim between you, any joint cardholder and/or

any additional cardholder, on the one hand; and us, our affiliates, and agents, on the other hand, if the dispute or claim arises from or relates to your Account.

However, we will not require you to arbitrate: (1) any individual case in small claims court or your state’s equivalent court, so long as it remains an individual

case in that court; or (2) any claim by us that only involves our effort to collect money you owe us. However, if you respond to a collection lawsuit by claiming

that we engaged in any wrongdoing, we may require you to arbitrate.

YOU AGREE NOT TO PARTICIPATE IN A CLASS, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION AGAINST US IN COURT OR

ARBITRATION. ALSO, YOU MAY NOT BRING CLAIMS AGAINST US ON BEHALF OF ANY CARDHOLDER WHO IS NOT A JOINT OR ADDITIONAL

CARDHOLDER WITH YOU ON YOUR ACCOUNT (AN “UNRELATED CARDHOLDER”), AND YOU AGREE THAT NO UNRELATED CARDHOLDER

MAY BRING ANY CLAIMS AGAINST US ON YOUR BEHALF. CLAIMS BY YOU AND BY AN UNRELATED CARDHOLDER MAY NOT BE JOINED

IN A SINGLE ARBITRATION.

 

Only a court may decide whether any part of this paragraph is enforceable. If it is finally determined that this paragraph is

not fully enforceable, only this sentence of the Provision will remain in force and the remainder of the Provision will be null and void, provided that the court’s

determination concerning the enforceability of this paragraph shall be subject to appeal.

Starting an Arbitration.

 

If you or we elect to arbitrate a claim, the electing party must notify the other party in writing. This notice can be given after the

beginning of a lawsuit and can be given in papers filed in the lawsuit. Otherwise, your notice must be sent to GE Money Bank, Legal Operation, P.O. Box 29110,

Shawnee Mission, KS 66201, ATTN: ARBITRATION DEMAND and our notice must be sent to the most recent address for you in our files. The party seeking

arbitration must select as the arbitration administrator either the American Arbitration Association (“AAA”), 1633 Broadway, 10th Floor, New York, NY 10019,

www.adr.org, (800) 778-7879, or JAMS, 620 Eighth Avenue, 34th Floor, New York, NY 10018, www.jamsadr.com, (800) 352-5267. If neither the AAA nor

JAMS is able or willing to handle the dispute, then the parties will resolve their dispute in court.

The arbitration administrator will appoint the arbitrator and tell the parties what to do next. The arbitrator must be a lawyer with at least ten years legal

experience. In making decisions or awarding remedies, the arbitrator must apply the same law and legal principles that would apply in court, but may use

different procedural rules. If the administrator’s rules conflict with this Provision, this Provision will control.

Arbitration Location and Fees.

 

The arbitration will take place at a location reasonably convenient to you. Upon your request, we will normally pay all the fees

the administrator or arbitrator charges, if we believe you are acting in good faith. We will always pay these arbitration costs, as well as your legal fees and costs,

to the extent required under applicable law or in order for this Provision to be enforced.

Governing Law.

 

This Provision is governed by the Federal Arbitration Act (the “FAA”). Utah law shall apply to the extent state law is relevant under Section 2

of the FAA in determining the validity of this Provision. The arbitrator must follow: (1) the substantive law, consistent with the FAA, that would apply if the matter

had been brought in court, (2) this Provision, and (3) the administrator’s rules. The arbitrator’s decision will be final and binding, except for any appeal right under

the FAA. Any court with jurisdiction may enter judgment upon the arbitrator’s award.

Rejecting this Provision. You may reject this Provision, in which case only a court may be used to resolve any dispute or claim.

 

Rejection will not

affect any other aspect of [the cardholder agreement]. To reject, you must send us a notice within 60 days after you open your account or we first provide you

with a right to reject this Provision. The notice must include your name, address, and account number and be mailed to GE Money Bank, P.O. Box 981429,

El Paso, TX 79998-1429. This is the only way you can reject this Provision.

26. WAIVER.

 

We may decide to give up any of our rights under this Agreement. This includes our right to impose the full amount of any charge. If we do, we do

not give up any of our other rights under this Agreement. If we give up any of our rights in one situation, we do not give up the same right in another situation.

Except as we may agree in a signed writing, we do not give up any rights if we (a) accept a late or partial payment, ( B) accept a check or other payment marked

“payment in full” or tendered with other conditions or limitations, © extend the due date of any payment due under this Agreement, and/or (d) release any

collateral or person responsible for your obligations under this Agreement.

27. ASSIGNMENT.

 

We may sell, assign or transfer any or all of our rights or duties under this Agreement or your account. This includes our rights to payments.

We do not have to give you prior notice of such action. You may not sell, assign or transfer any of your rights or duties under this Agreement or your account.

28. SEVERABILITY.

 

If any part of this Agreement is found to be void or unenforceable under applicable law, all other parts of this Agreement will still apply.

29. ENTIRE AGREEMENT.

 

This Agreement, along with the other documents listed in section 1 above, are the entire Agreement between you and us relating

to your account. These documents replace any other agreement relating to your account that you and we made earlier or at the same time. This Agreement may not be changed except as provided in this Agreement.

Link to comment
Share on other sites

My brain hurts... I appreciate all the information, but I always get stuck in learning new things when I don't understand or clear-up the roadblocks I've met so far. I'm working on the PDF versions now, and will post them for you guys' opinion tonight.

 

Thanks for reading my thread and contributing.

Link to comment
Share on other sites

OK, I've finally managed to do this PDF of my summons. I've censored dates and amounts, based on what I've read in Pinned topics here.

 

LINK: http://temp-share.com/show/dPf3g13NW

 

Please help me answer as if I'm in kintergarden

1. Is there somewhere stated when the trial is?

2. Based on that verification, can I answer the summons with a PLD-050 General Denial or not?

3. Does it matter if I send the BOP in before I answer the summons, or should I wait until after I answer it (and if so, how long)?

 

Thank you... I'm feeling like I'm nagging and like I'm not able to do this on my own. I know I can do the most of this on my own if I'm able to get answers that I can comprehend (sorry for being slow :(). Please let me know if I can contribute monetarily or otherwise to anyone for help with this.

 

 

I changed my Display Name to JimDandy, btw.

Link to comment
Share on other sites

OK, I've finally managed to do this PDF of my summons. I've censored dates and amounts, based on what I've read in Pinned topics here.

 

LINK: http://temp-share.com/show/dPf3g13NW

 

Please help me answer as if I'm in kintergarden

1. Is there somewhere stated when the trial is?

2. Based on that verification, can I answer the summons with a PLD-050 General Denial or not?

3. Does it matter if I send the BOP in before I answer the summons, or should I wait until after I answer it (and if so, how long)?

 

Thank you... I'm feeling like I'm nagging and like I'm not able to do this on my own. I know I can do the most of this on my own if I'm able to get answers that I can comprehend (sorry for being slow :(). Please let me know if I can contribute monetarily or otherwise to anyone for help with this.

 

 

I changed my Display Name to JimDandy, btw.

 

 

Hello JimDandy :)++

 

I'm new at this, too, so I'm no expert but I can tell you what I've done so far and maybe answer a couple of your questions in the process. 

 

I read your Summons and Complaint and it is exactly like the one I got.  Word for word.  http://www.creditinfocenter.com/community/user/93433-themis/'>Click Here for my thread.

 

ok, to answer your questions:

 

1.  You don't have a trial date yet.  You should get a date for a Case Management Conference from the civil court clerk when you file your Answer.  You'll most likely get a trial date at the CMC.

 

2.  Your Complaint is not verified so you can do a general denial using either form PLD-050 or PLD-C-010.   I'm not sure that it matters but I used PLD-C-010 and checked box 3.a. which says "Defendant generally denies each statement of the complaint or cross-complaint".

 

3.  You can send the BOP at any time.  I sent it at the same time as the Answer, but that's only because I didn't know I could send it before.

 

I don't know anything about JAMS because it wasn't an option in my situation, but it's something you might want to consider, if it applies.

 

Good luck! 

  • Like 1
Link to comment
Share on other sites

So I should do this even before answering the Summons? Like, the first thing to do when you get sued like this is BOP 'em?  :yahoo: "mmm bop, bop, bop, mmm bop"

 

I just want to make sure I do this in the right order, and all.

 

Thanks

Oh no he did not just quote Hanson please tell me he didn't :clapper:

Link to comment
Share on other sites

OK, I've finally managed to do this PDF of my summons. I've censored dates and amounts, based on what I've read in Pinned topics here.

 

LINK: http://temp-share.com/show/dPf3g13NW

 

Please help me answer as if I'm in kintergarden

1. Is there somewhere stated when the trial is?

2. Based on that verification, can I answer the summons with a PLD-050 General Denial or not?

3. Does it matter if I send the BOP in before I answer the summons, or should I wait until after I answer it (and if so, how long)?

 

Thank you... I'm feeling like I'm nagging and like I'm not able to do this on my own. I know I can do the most of this on my own if I'm able to get answers that I can comprehend (sorry for being slow :(). Please let me know if I can contribute monetarily or otherwise to anyone for help with this.

 

 

I changed my Display Name to JimDandy, btw.

Get the BOP in as soon as possible(read TOMORROW) that will start a very short clock for them. then wait to answer after 15 days have passed. Then motion to preclude before you send discovery, then CMC and request trial asap because with the preclusion of evidence they would be hard pressed to have a case. and then 45 days before trial do the pre trial stuff.

  • Like 1
Link to comment
Share on other sites

OK, Seadragon! :) Thank you. These are clear directions that I can sink my teeth into. I don't know if arbitration is something I want to do or not (I don't understand it well enough, and I only have so much time in a day to learn). Everyone's advice in this thread is something I'm looking into. No link will go unlooked at.

Link to comment
Share on other sites

  • 3 weeks later...

In true procrastination fashion, I've waiting to do anything about this until I have to send my reply in on Monday or Tuesday (Tuesday if you're supposed to start counting the 30 days to reply starting on the day after you receive the summons). Naturally I've got a lot of really good-sounding-at-the-time excuses that I won't bother listing. Instead, I'm going to:

1. Find a BOP template right now and fill it out, so I really hope I'm lucky enough that someone will be online tonight and/or tomorrow to read it.

2. When that's done and posted, I'll do the same with the reply to the summons, and hope I get a second pair of eyes on that, too.

 

I've been getting calls from the law firm that I've been ignoring, and I've gotten another letter where they're giving me a special offer which expires on January 28, 2013. They're claiming the current balance due now is over $6K. I'm not going to let myself be deluded by their attempts at "being good to me", of course. They're counting on people to take the easy way. This is a new year, though, and I'm gonna kick a$$!

 

 

-JD

Link to comment
Share on other sites

In true procrastination fashion, I've waiting to do anything about this until I have to send my reply in on Monday or Tuesday (Tuesday if you're supposed to start counting the 30 days to reply starting on the day after you receive the summons).

 

I've been getting calls from the law firm that I've been ignoring, and I've gotten another letter where they're giving me a special offer which expires on January 28, 2013. They're claiming the current balance due now is over $6K. I'm not going to let myself be deluded by their attempts at "being good to me", of course. They're counting on people to take the easy way. This is a new year, though, and I'm gonna kick a$$!

 

 

-JD

 

 

JD,

 

Don't wait the extra day, get that thing in the mail TOMORROW. (Monday)

 

Also, you're right on the money about them 'counting on people to take the easy way out'...

 

Your attitude:  new year =  new attitude.... kick some a$$! Good for you, that's how you'll beat them.

 

Kudos!

 

-RD

Link to comment
Share on other sites

Below is my BOP. I used calawyer's template posted here. Please review. I understand this must be printed on pleading paper, and then sent with POS. Is POS a form that I have someone else fill out, then place in the same envelope as the BOP, and then mail using Certified Mail Return Receipt? Thank you for reading and helping. I feel so much better already. Baby steps is better than no steps at all :)

 

 

 

 

 

JIM DANDY, IN PRO PER
Street address

City, CA 9####



 

SUPERIOR COURT OF THE STATE OF CALIFORNIA




 

FOR THE COUNTY OF SACRAMENTO



CACH, LLC,

Plaintiff,

v.

JIM DANDY,

Defendant.

Case No. ##-2012-########


DEMAND FOR BILL OF PARTICULARS




To PLAINTIFF CACH, LLC and its attorneys of record herein:
DEMAND IS HEREBY MADE UPON YOU, pursuant to California Code of Civil Procedure section 454, to furnish to Defendant JIM DANDY, within 10 days, a Bill of Particulars setting forth all items and details of the account on which the cause of action for BREACH OF CONTRACT and MONEY LENT PAID OR EXPENDED, and of plaintiff’s complaint is based, including the date of each transaction, a description of the services, materials or goods supplied or other considerations rendered, the price or charge made for each item, and all payments or credits that have been made to the account.

Dated: _________ _____________________
JIM DANDY

Link to comment
Share on other sites

I feel a little silly discovering pleading paper is a format of a document with numbers in the margin, and not actually a special type of paper that's all a specific color and thicker and all sorts of things my mind made up.
 
I'm working on the Answer part now. From what I can tell, I will do a PDL050 for the General Denial because the complaint isn't truly verified - only the venue is. Not entirely clear on how many copies of what documents I need to do and what to get stamped by the court, but here's what I have planned so far:
 

  • Fill in the Bill of Particulars (BOP) above into the pleading paper template I downloaded from Scribd: Sample Demand for Bill of Particulars for California.
  • Fill in the PDL050 for the General Denial (link). I really need someone to look this over before tomorrow! Please help... my fears are creeping up on me again.
  • Find a co-worker/friend to fill out the Proof of Service (POS) template (last page of the BOP template) from the link in step 1).

  
Ok, now what? There's a bunch of document sets I'm not really sure about what to do with...
 

  • How many copies of the BOP should I make?
  • How many copies of the PDL050 should I make?
  • How many copies of the POS should I get?
  • What do I get stamped by the Clerk at the Courthouse?
  • Who do I send what to?
  • When I've sent the reply and the BOP the correct ways, what do I do then?

 
I'm reading the forums but I get so much info it's hard to keep track. That's what I'm using my thread for here, and hope for some help - at the very least I have this as notes and as help for others who might be wondering about the same things.
 
Thanks,
 
 
-JD

Edited by JimDandy
Link to comment
Share on other sites

OK, I honestly don't know what to fill in on the PDL050 General Denial form, point 2). DEFENDANT states the following FACTS as separate affirmative defenses to plaintiff's complaint. Am I even supposed to fill that out if I do a general denial? Please help - I've got to get this done for tomorrow, and I'm not sure about a few other things, still. Just when I thought I knew what I was doing I get confused again, and I'm a freaking roller coaster of pessimism and optimism right now (I'm sure having my 4-year old nagging at me while mom's out is not affecting me in any way *twitch*).

Link to comment
Share on other sites

Guest
This topic is now closed to further replies.
 Share

×
×
  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.. For more information, please see our Privacy Policy and Terms of Use.