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20 days to respond- 10 days gone


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Good morning Good people, I am hoping that someone here can help.  I have spent the last 10 of my 20 day notice to respond researching the boards to find the right way to properly submit my ANSWER and list the proper defenses.  While I have found some wonderful information on here, I am also thoroughly confused because some of the info is conflicting ( i.e. affirmative defenses or not).  So, I figured I'd bite the bullet and ask for some direct help.  Please see below for my case information.

 

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.)

    Al Smith P.C ( name shortened)

 

3. How much are you being sued for?

     25K+

 

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

    Bank of America

 

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

      Received Summons 10 days ago

 

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

    In Person

 

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

     Yes, as far as I know

 

Process Service Requirements by State - Summons Complaint - ??

 

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

    I sent C&D Letter and Validation Request

 

9. What state and county do you live in?

     Delaware County, PA

 

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

    

7/14/ 2010

 

11. What is the SOL on the debt?

  

  I believe 4 years for PA

 

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

   

Complaint Filed - Feb 2013, Arbitration Hearing Scheduled for Nov 2013

      

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

  

Yes, but only recently because CACH and BOA are both listed.  BOA says "sold" and CACH says "in dispute"

 

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, they sent me 2 account statements, one showing last payment and one showing 7 months past due(Feb 2011)

 

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?

 

20 days - only 10 left

 

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

        - 2 account statements

        - a ( illegible) Certificate of Purchase

        - a  (illegible) Bill of Sale  and assignment of Loans "alledgedly" from BOA

        -  BOA Privacy Policy and Credit Card Agreement

       -  Verification, again illegible, that states that someone (cant make out their name or signature) alledges this information to be true and factual.

 

 

My questions are:

 

1.) How do i respond?  What should my Answers entail?  Should I include Affirmative Defenses?

2) My cardholder agreement states that arbitration through NAF is mandatory but if thats the case why does my complaint state that i am being sued in court?  Should my answer be different for Arb than Civil Suit?

30 After I file an answer, what do I do next?  Ask for Discovery?  How do I do that, is that a letter to them or to the court?

 

Any help that any of you can provide woul be greatly appreciated.

 

Thanks

 

 

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$25K is a lot of money. This Plaintiff not likely to "go away" simply because you make it known that you intent to fight back. Good news is that CACH, LLC, being a junk debt  buyer, is not known for being able to prove up debt. That said, even though you're bound to receive lots of help and encouragement here, you'll be miles ahead if you find a consumer law attorney in your area. Pennsylvania has no shortage of them.

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Thanks Nascar, A judgement is most painful, of course.  I dont mind the consult, in fact i talked to someone this morning about it but of course his fees are astronomical to take on my case.  That, I couldnt afford but the consult to point me in the right direction, i will definitely keep following up on.  Thank you :-)

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Did you check with one on the site NASCAR posted? You want to find an attorney that specializes in consumer debt cases.

 

This is another good place to look, although it will take a little work. Click on the district in PA where you live. Then click on each case and find the attorneys representing the plaintiffs. You can also put in JDBs like CACH, Cavalry, Midland, CACH etc. in search box to narrow them down. These are the people who are usually the most aggressive. They might also be able to find FDCPA violations so you can take the fight to them.

 

http://dockets.justia.com/browse/state-pennsylvania/noscat-13/nos-890/

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Did you check with one on the site NASCAR posted? You want to find an attorney that specializes in consumer debt cases.

 

This is another good place to look, although it will take a little work. Click on the district in PA where you live. Then click on each case and find the attorneys representing the plaintiffs. You can also put in JDBs like CACH, Cavalry, Midland, CACH etc. in search box to narrow them down. These are the people who are usually the most aggressive. They might also be able to find FDCPA violations so you can take the fight to them.

 

http://dockets.justia.com/browse/state-pennsylvania/noscat-13/nos-890/

 

This is great ArtVanDelay!  I will definitely check them out.  :-)

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http://www.whufflaw.com/

 

 

Here you go, give Wardell a call. Or, if you want to do this yourself, come back to the forum. Cach isn't that hard to beat. The amount doesn't matter if they don't have the goods, and they rarely do. Here are your court rules, study Pleadings.

 

http://www.pacode.com/secure/data/231/chapter1000/subchapAtoc.html

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