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I need help to beat CACH, LLC on Account I never received ANY statements regarding


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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?

About $4,000.00

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

GE Money Bank

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?

None!

9. What state and county do you live in?

Orange county Florida.

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

Never

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

5 years

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).
 

        OTHER EVENTS AND HEARINGS 03/21/2013     Pre-Trial Civil  (9:15 AM) (Judicial Officer Civil, Pretrial) Result: Sent to Mediation 03/21/2013     Pre-Trial Conference  (10:15 AM) (Judicial Officer McGinnis, Adam) Parties Present Result: Pre-Trial Held 03/15/2013     Answer

 

02/15/2013     Notice to Appear Returned Served

 

02/05/2013     Notice to Appear

Issued 2/5/2013; ORIG TO ACER LEGAL CP ATTY (M)
 

02/01/2013     Notice to Appear Scheduled

 

01/31/2013     Notice of Confidential Information within Court Filing 01/31/2013     Statement of Claim


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

No

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. This is the first I have heard from them was when I received the Notice to Appear.

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?

No Interrogatory. Just request for me to appear for pretrial. "charges" are:

  1. This is an action for damages in an amount less than or equal to $5,000.00, exclusive of interest, costs and attorney fees, and comes within the jurisdiction of this Court.
  2. Plaintiff is a foreign corporation licensed to do business in the state of Florida.
  3. Defendant XX XX is a resident of ORANGE County, Florida.
  4. All conditions precedent to the bringing of this action have been performed, have occurred or have been waived.

Count 1

(Account stated)

     5.  Plaintiff incorporates and realleges paragraphs 1-4.

     6.  In accordance with the transactions made by the Defendant on account number: xxxx, Creditor and Defendant agreed to the    

          resulting balance.

     7.  Creditor rendered statement(s) of said account to the Defendant, a copy is attached hereto and incorporated herein as Exhibit

          "A" and Defendant did not object to the statement. Defendant has failed and/or refused to make a payment or otherwise satisfy

          said account since March 12, 2011.

     8.  Plaintiff has purchased the debt incurred by Defendant from the Creditor, and now owns and holds all rights relative thereto, as

          evidenced by a copy of the Bill of Sale and Affidavit of Claim, attached hereto and incorporated herein as Exhibit "B".

          Accordingly, Plaintiff is the lawful and rightful owner of said Account.

     9.  The Defendant owes the Plaintiff $4,000.00 plus interest and costs.

          WHEREFORE, Plaintiff demands judgment against the Defendant for the sum of $4,000.00 plus interest, costs, and such other

          and further relief as the Court may deem just and proper.

Count II

(Unjust Enrichment)

     9.  Plaintiff incorporates and realleges paragraphs 1-4.

   10.  The Creditor has conferred a benefit on Defendant by providing cash advances, products and/or goods and services.  

   11.  The Defendant has knowledge of the benefit and the use thereof by Defendant constitutes an unjust enrichment of Defendant

          at Plaintiff's expense.

   12.  The Defendant has accepted or retained the benefit conferred and the circumstances are such that it would be inequitable for

           the defendant to retain the benefit without paying fair value for it.    

   13.  As a result of the unjust enrichment of Defendant, Plaintiff has been damaged in an amount in excess of $4,000.00.

          WHEREFORE, Plaintiff demands judgment against the Defendant for the sum of $4,000.00 plus interest, costs, and such other

          and further relief as the Court may deem just and proper.

 

 

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-1 of 4: Statements from the OC to an address in California; never lived in California. Showing charge off amount on 4/27/11

Exhibit A-2 of 4: Back side of Statement from the OC.

Exhibit A-3 of 4: Statement from OC to address in California again; showing a payment on 3/12/11; payment was not made by me.

Exhibit A-4 of 4: Back side of statement from the OC.
Exhibit B-1 of 2: Generic Bill of Sale; no names or account numbers; Signed by Glenn Marino, VP of General Electric Capital Corporation and Glenn Marino, EVP of GE Money Bank.

Exhibit B-2 of 2: Affidavit of Sale: Affiant Antoinette Mitchell and Notarized by Karl Oscar Drenth.

 

Once my scanner is working I will upload the Exhibits.

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Exhibit A-1 of 4: Statements from the OC to an address in California; never lived in California. Showing charge off amount on 4/27/11

 

Exhibit A-3 of 4: Statement from OC to address in California again; showing a payment on 3/12/11; payment was not made by me.

 

 

Change the amount in your original post to a round number (unless the figure you cited is not the correct figure).

 

  • Did you ever have an account with GE Money Bank (Sam's Club, Gap, Lowe's etc.). If no, is this account listed on your CR?
  • Any possibllity of identity theft? I know its a stretch but to what city in CA were the statements mailed to? (Don't mention the city). Is that city in Orange County California?
  • Are they suing the wrong person because the data that was tranferred to them when they bought the accounts was corrupt?

I'm just throwing stuff up against the wall seeing what sticks. I'm not saying to use this in your answer (well maybe identiy theft if you can demonstrate that), but for use down the road while your considering strategy.

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  • Did you ever have an account with GE Money Bank (Sam's Club, Gap, Lowe's etc.). If no, is this account listed on your CR?
  • Any possibllity of identity theft? I know its a stretch but to what city in CA were the statements mailed to? (Don't mention the city). Is that city in Orange County California?
  • Are they suing the wrong person because the data that was tranferred to them when they bought the accounts was corrupt?

I did have an account with GE Money Bank back in 2008 with my ex. To my knowledge nothing was charged to it. My ex paid all the bills and kept track of everything. When we split in early 2009, I had notified all accounts that were in my name as well as hers, that I was no longer linked to the accounts. After that I never received any notice or correspondence until the Summons was delivered to me by a process server. My ex moved to California and that is where the account statements and all correspondence was sent. 

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