LeoGoddess

CACH, Mchughes law firm, LLC-Summons/Complaint

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Hello all. i need help with a quick answer to send to court and attorney to this summoms complaint. I don't know who it got this far when i sent them a DV within 30 days of them sending their frist letter. After the frist letter they send a settlement offer and now a Summons complaint.

 

I just want to make sure i answer this correctly before responding.

 

All the help i can get would be greatly appreciated.

 

Thanks In Advance.

 

 


1. Plaintiff? CACH, LLC

 

2. law Firm: McHughes Law Firm, LLC

 

3. Amount? $4,000+ attorney and court fees

 

4. Original Creditor? GE Capital Retail Bank

 

5. How do i know i'm being sued? Summons/complaint

 

 

6. How were you served? certified mail pick-up

 

7. What was your correspondence (if any) with the people suing you before you think you were being sued?  I received a letter from Mchuges-Conumer notice Pursuant to 15 U.S.C. Section 1692(G) letting me know they were retained by CACH, LLC. The letter is dated Dec 6, 2012, but the envelope is post marked 12/27/13. I sent a DV letter to them dated 1/15/13..signed by their firm 1/17/13. Since my DV letter to them they sent me a 70% settlement letter Feb 5, 2013, next day I get a notice to pick up a letter from post office certified…Summons complaint.. ..I faxed a letter to the law office in reference to their no response to DV, etc.
 

8. What state and county do you live in? Arkansas, Pulaski County

 

9. Last time paid, well over a year ago

 

10. What is the status of your case? I need to answer summons

 

11. Have you ever disputed the debt with the credit bureau's? Disputed with bureaus several months ago, sent CACH DV letter. Account on Bureaus state disputed by consumer, now account closed through CACH to McHughes

 

12. Did you request debt validation before the suit was filed? yes

 

13. I fyou don't respond tot he lawsuit notice you will automactically in 99% of the cases, they will require you to answer the summons, and each point they are claiming? I have to file a written answer to the complaint or a motion under Rule 12 of the Arkansas Rules of Civil Procedure

 

14. What eveidence did they send with the summoms?

They sent the summons, amount with court fees, etc. Complaint  says:

 

Comes by the Plaintiff by its Attorneys, The McHughes law Firm, LLC, and for its cause of action against the Defendant states and alleges.

  1. Plaintiff is a foreign entity authorized to do business in the state of Arkansas for the purpose of collecting a debt pursuant to Arkansas Code Annotated 4-27-1501(B)(8). The Plaintiff is the assignee of GE Capital Retail Bank.
  2. Venue of this action is proper in the county names above because Defendant is an individual believed to be residing in the said county at the time of commencement of suit.

Therefore, the Court has jurisdiction over the subject matter of this action and the parties hereto.

3Defendant defaulted on the obligation to make monthly payments on the credit card account, and the card was subsequently canceled. The entire balance on the credit card account is presently due and payable in full.

  1. By using and or authorizing the use of the credit card Defendant accepted the contract with the issuer and became bound to pay for all charges incurred with the credit card.
  2. This account was issued by the OC GE Capital Retail Bank. CACH, LLC is the current owner of the account and purchased the account for good and valuable consideration. The Plaintiff is entitled to enforce the obligation and receive payment of the total balance due in the amount of $4,xxx.xxx as shown by the attached hereto.
  3. Defendant received and used the credit card knowing that the issuer expected to be repaid for all charges…..
  4. Through its undersigned attorney, Plaintiff has demanded payment from Defendant, but defendant has not satisfied such demand. Plaintiff has performed all conditions precedent to the filing of this action, or all such conditions precedent have occurred.

Wherefore, premises considered, Plaintiff prays that Defendant be summoned to appear and answer, that upon final hearing, Plaintiff have judgment against the Defendant for:

(a)$$$$ which is the balance due

(B) Post judgment interest at 10% and

© Attorney fees in the amount to be determined by the court;

(d) All cost of court; and

(e) All such other just and proper relief to which plaintiff may be entitled.


Statements from the OC? Contract? Certificate of Assignment, Business records affidavit, GE Money bank Credit card agreement

 

 

 

 

They sent the summons, amount with court fees, etc. Complaint  says:

 

 

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This is an option you may want to look in to.

Cach will not want to pay to arbitrate this claim.

 

RESOLVING A DISPUTE WITH ARBITRATION

PLEASE READ THIS SECTION CAREFULLY. IF YOU DO NOT REJECT IT, THIS SECTION 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.

• What claims are subject to arbitration

1. If either you or we make a demand for arbitration, you and we must arbitrate any dispute or claim between you or any other user of your account, and us, our affiliates, agents and/or providers that accept the card or program sponsors if it relates to your account, except as noted below.

2. 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) a case we file to collect money you owe us. However, if you respond to the collection lawsuit by claiming any wrongdoing, we may require you to arbitrate.

3. Notwithstanding any other language in this section, only a court, not an arbitrator, will decide disputes about the validity, enforceability, coverage or scope of this section or any part thereof (including, without limitation, the next paragraph of this section and/or this sentence). However, any dispute or argument that concerns the validity or enforceability of the Agreement as a whole is for the arbitrator, not a court, to decide.

No Class Actions

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 ACCOUNTHOLDER WHO IS NOT A ACCOUNTHOLDER ON YOUR ACCOUNT, AND YOU AGREE THAT ONLY ACCOUNTHOLDERS ON YOUR ACCOUNT MAY BE JOINED IN A SINGLE ARBITRATION WITH ANY CLAIM YOU HAVE.

If a court determines that this paragraph is not fully enforceable, only this sentence will remain in force and the remainder will be null and void, and the court’s determination shall be subject to appeal. This paragraph does not apply to any lawsuit or administrative proceeding filed against us by a state or federal government agency even when such agency is seeking relief on behalf of a class of borrowers, including you. This means that we will not have the right to compel arbitration of any claim brought by such an agency.

How to start an arbitration, and the arbitration process

1. The party who wants to arbitrate must notify the other party in writing. This notice can be given after the beginning of a lawsuit or in papers filed in the lawsuit. Otherwise, your notice must be sent to GE Capital Retail Bank, Legal Operation, P.O. Box 29110, Shawnee Mission, KS 66201, ATTN: ARBITRATION DEMAND. The party seeking arbitration must select an arbitration administrator, which can be 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 administrator is able or willing to handle the dispute, then the court will appoint an arbitrator.

2. If a party files a lawsuit in court asserting claim(s) that are subject to arbitration and the other party files a motion with the court to compel arbitration, which is granted, it will be the responsibility of the party asserting the claim(s) to commence the arbitration proceeding.3. The arbitration administrator will appoint the arbitrator and will tell the parties what to do next. The arbitrator must be a lawyer with at least ten years of legal experience. Once appointed, the arbitrator must apply the same law and legal principles, consistent with the FAA, that would apply in court, but may use different procedural rules. If the administrator’s rules conflict with this Agreement, this Agreement will control.

4. The arbitration will take place by phone or at a reasonably convenient location. If you ask us to, we will pay all the fees the administrator or arbitrator charges, as long as we believe you are acting in good faith. We will always pay arbitration costs, as well as your legal fees and costs, to the extent you prevail on claims you assert against us in an arbitration proceeding which you have commenced.

Governing Law for Arbitration

This Arbitration section of your Agreement is governed by the Federal Arbitration Act (FAA). Utah law shall apply to the extent state law is relevant under the FAA. 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.

How to reject this section.

You may reject this Arbitration section of your Agreement. If you do that, only a court may be used to resolve any dispute or claim. To reject this section, you must send us a notice within 60 days after you open your account or we first provided you with your right to reject this section. The notice must include your name, address and account number, and must be mailed to GE Capital Retail Bank, P.O. Box 965034, Orlando, FL 32896-5034. This is the only way you can reject this section.

http://www.consumerfinance.gov/credit-cards/agreements/search/?q=ge+capital

http://www.jamsadr.com/

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

http://www.creditinfocenter.com/community/topic/314030-the-strategy-and-steps-of-arbitration/ see linda7's posts

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Other option is to answer plaintiffs claim and fight them in court.

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I'm trying to figure out how to answer their claim. The board has changed a little bit and i'm trying to find letters used or forms to send the court with a response. Thanks so much racecar.

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Generally you file a Motion to Compel Arbitration, and attach the cardholder agreement with the arbitration clause highlighted. You can also file a general denial based upon the election of arbitration. I would write it like this:

 

"For her Answer to the Complaint of Plaintiff Cach LLC, Defendant Leogoddess states as follows: Defendant specifically and generally denies any liability to Plaintiff for the alleged debt which is the subject of this action. Additionally, Defendant has chosen to elect arbitration as provided in the cardholder agreement, copies of which are appended hereto."

 

That should cover you. Coltfan will probably see this and may have further suggestions, but this should do for now.

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Thanks Bruno.

 

I'm so on one right now with my mmother being very ill/ trying to handle this at the same time is running me ragged. I'm going to shoot this off today and see what i get. Don't send the verification of ull disclosure right? Just the certificate of service?

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I am currently facing this law firm as well.   Already on the right path being here.  Find a lot of useful information and knowledgeable folks.

 

When did you pick up the letter?  You have 30 days from service to respond.

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Thanks Bruno.

 

I'm so on one right now with my mmother being very ill/ trying to handle this at the same time is running me ragged. I'm going to shoot this off today and see what i get. Don't send the verification of ull disclosure right? Just the certificate of service?

 

I'm not sure what this certificate is. I would guess that certification is enough. Also, if they fight arb, you can sue them for breach of contract.

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IN THE DISTRICT COURT OF THE STATE OF ARKANSAS

                                                Sherwood Division

 

                                                                        )           No.: 20130xxx

CACH, LLC                 )

)           DEFENDANT’s SUMMONS/COMPLAINT RESPONSE

Plaintiff / Co-Defendant                      )          

                                                           

            vs.                                                        )

                                                                        )

LeoGoddess, Pro Se                          )

                                                                        )

                        Defendant / Co-Plaintiff                      )

                                                                       

 

 

DEFENDANT’S SUMMONS-COMPLAINT RESPONSE

 

    Defendant, xxxx  PRO-SE, “For her Answer to the Complaint of Plaintiff CACH LLC, Defendant Khalilah Junior states as follows: Defendant specifically and generally denies any liability to Plaintiff for the alleged debt which the subject of this action. Additionally, Defendant has chosen to elect arbitration as provided in the cardholder agreement, copies of which are appended hereto.:”

 

 

 

 

Respectfully Submitted

 

 

 

I, leogoddess, do hereby certify that the above complaint response have been sent to the attorney of record for the Defendant, whoever, on whatever date, by certified mail, receipt number
 

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That should do. I think Linda7 posted all the stuff for motions to compel arb, I never did one, so see her. Should be a one page motion.

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IN THE CIRCUIT COURT OF PULASKI  COUNTY ARKANSAS Sherwood Division

 

CACH,LLC                                             Plaintiff

GE Capital Retail Bank


Vs


leogoddess                                  Defendant
 

Case# 33xxx

MOTION TO COMPEL PRIVATE CONTRACTUAL ARBITRATION AND DISMISS OR IN THE
ALTERNATIVE, TO STAY PROCEEDINGS PENDING ARBITRATION
COMES NOW the Defendant LeoGoddess appearing Pro Se for its Motion to Compel Private Contractual Arbitration with GE Capital Retail Bank and as grounds thereto states the following:


1. That on or about February 12, 1013, Plaintiff filed its Complaint against Defendant.


2. Defendant moves this court to compel binding Private Arbitration with Jams based on the terms and conditions of GE Capital Retail Bank  Credit Card Agreement (see Exhibit A, attached).


3. The parties are bound by GE Capital Retail Bank Credit Card Agreement. The Arbitration Agreement states among other things:
(a) YOU AND WE AGREE THAT EITHER YOU OR WE MAY, AT EITHER PARTY SOLE ELECTION REQUIRE THAT ANY CLAIM BE RESOLVED BY BINDING PRIVATE ARBITRATION.
(IF YOU OR WE ELECT PRIVATE ARBITRATION OF A CLAIM,NEITHER YOU NOR WE WILL HAVE THE RIGHT TO PURSUE THAT CLAIM IN COURT OR BEFORE A JUDGE OR JURY.
(c ) YOU OR WE MAY ELECT ARBITRATION UNDER THIS ARBITRATION
PROVISION WITH RESPECT TO ANY CLAIM, EVEN IF THE CLAIM IS PART OF A LAWSUIT
BROUGHT IN COURT. YOU OR WE MAY MAKE A MOTION OR REQUEST IN COURT TO COMPEL
PRIVATE ARBITRATION OF ANY CLAIM BROUGHT AS PART OF ANY LAWSUIT.
(d) CLAIM MEANS ANY CLAIM, CONTROVERSY OR DISPUTE OF ANY KIND OR NATURE BETWEEN YOU AND US.
(e) THIS ARBITRATION PROVISION IS MADE PURSUANT TO A TRANSACTION INVOLVING INTERSTATE COMMERCE AND SHALL BE GOVERNED BY AND ENFORCEABLE UNDER THE FEDERAL ARBITRATION ACT.


4. The Federal Arbitration Act (FAA) 9 USC Section 1-2 provides:A written provision in any maritime transaction or a contract evidencing a transaction involving commerce to settle by arbitration, a controversy thereafter arising out of such contract or transaction or the refusal to perform the whole or any part thereof or an agreement in writing to submit to arbitration an existing controversy arising out of such contract transaction, or refusal, shall be valid, irrevocable and enforceable, save upon such grounds as exist at law or in equity for the revocation of any contract.


5. The Supreme Court Ruling, decided April 27, 2011, ATT MOBILITY LLC v. CONCEPCION ET U, states that courts must enforce arbitration agreements according to their terms. If there is an arbitration clause in the contract, that clause must be honored. "We have described this provision as reflecting both a liberal federal policy favoring arbitration,Moses H. Cone , supra, at 24, and the fundamental principle that arbitration is a matter of contract,Rent-A-Center, West, Inc. v. Jackson , 561 U. S. ____, ____ (2010 (slip op., at 3). In line with these principles, courts must place arbitration agreements on an equal footing with other contracts, Buckeye Check Cashing, Inc. v. Cardegna , 546 U. S. 440, 443 (2006) , and enforce them according to their terms, Volt Information Sciences, Inc. v. Board of Trustees of Leland Stanford Junior Univ. , 489 U. S. 468, 478 (1989) ." Furthermore, "The principal purposeof the FAA is to ensure that private arbitration agreements are enforced according to their terms. Volt , 489 U. S., at 478; see also Stolt-Nielsen S. A. v. Animal Feeds international Corp. , 559 U. S. ___, ___ (2010) (slip op., at 17). This purpose is readily apparent from the FAA text. Section 2 makes arbitration agreements valid, irrevocable, and enforceableas written (subject, of course, to the saving clause); requires courts to stay litigation of arbitral claims pending arbitration of those claims in accordance with the terms of the agreement; and requires courts to compel arbitration in accordance with the terms of the agreement upon the motion of either party to the agreement . "


6. The Defendant elects arbitration with jams to settle this dispute.WHEREFORE, Defendant moves this Honorable Court to compel private contractual arbitration with GE Capital Retail Bank  pursuant to the Cardmember Agreement and to dismiss Plaintiffs complaint due to Lack of Subject Matter Jurisdiction or in the alternative, to stay proceedings pending contractual arbitration.

 


Respectfully submitted

 

this day 03/08/2013
 

xxxxx
Defendant, pro'se

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I will be attaching a copy of the Banks agreement pertaining arbitration to my answer to the court, sending copies of everything to the attorney and the bank as well? I just want to make sure i'm doing this correctly. If so, i'm ready to shoot off today.

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Is the order itself something different than the Motion to Compel? meaning is their a certain form or something? What am i sending to the GE?

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Arb is your best weapon. Pay no attention to anybody but Linda7. Here's a sample order, fill in the jurisdiction etc

 

 

  ORDER


The foregoing Motion having come before the Court and having been duly considered, it is hereby ORDERED:


  GRANTED  /               DENIED

 

Dated at City, Jurisdiction,  this _____ day of _________________, 2013


THE COURT

By: ________________________

       Judge of the Superior Court


 

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So i finally get a DV response from McHughes law firm. Let me first say, i sent them a DV letter within 30 days of the first letter back  Dec12, they sent certified mail summons/compalint and in the midst a settle letter. I sent my response to the summoms CMMR Saturday the 8th of March, giving me until today the 12th to respond. I recieve a DV response in the mail yesterday. here is what it states:

 

Dear:LeoGoddess

 

I am in receipt of your request for verification of the above referenced account. The Origional creditor is GE Capitol Retail bank, and the mailing addess for the orgional creditor is P.O. box 965004, Orlando, Fl 32896-5004. The blanace due is $4,xxx,xx. Also enclosed are the following documents:

 

a) Statement with a closing date of Oct 2011.

B) Charge off statement with a closing date of 4/12

C. Certificate of Assignment

d.) Business Records Affidavit

 

So, this is indeed a DV.  What do i do next? In my response to the summons/complaint i also sent arb...Is their anything else i need to do in response to the DV at this time?

 

Thanks In Advance

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Probably not, unless it violated the FDCPA. The info they gave is adequate, it just may be due to the timeline, ask Coltfan about this. Stay on top of your motion for arbitration.

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