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How many people have actually gone to trial with C- A- C- H?


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Nope WAMU!

 

I had a similar situation with an old WAMU account. The OC was listed as Riverwalk Holding and the JDB was Cavalry. My credit report said Chase which bought WAMU after it was charged off. Apparently Riverwalk only owned it for a short amount of time and the chain of title was really screwed up before Cavarly bought it. I was lucky enough to get Cavalry and the collection agency they hired with FDCPA Violations. They settled pretty fast, so I'm guessing the WAMU accounts are much harder for them to prove. 

 

I know it doesn't answer your question. I just thought I would share it because these old WAMU accounts are sketchy at best. They definitely can't get anyone from WAMU to guarantee or authenticate anything since it no longer exist. It really makes the case more difficult for them to prosecute in my opinion. As long as you follow the proper legal procedures they should be much more willing to dismiss, compared to accounts purchased from existing banks.

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I had a similar situation with an old WAMU account. The OC was listed as Riverwalk Holding and the JDB was Cavalry. My credit report said Chase which bought WAMU after it was charged off. Apparently Riverwalk only owned it for a short amount of time and the chain of title was really screwed up before Cavarly bought it. I was lucky enough to get Cavalry and the collection agency they hired with FDCPA Violations. They settled pretty fast, so I'm guessing the WAMU accounts are much harder for them to prove. 

 

I know it doesn't answer your question. I just thought I would share it because these old WAMU accounts are sketchy at best. They definitely can't get anyone from WAMU to guarantee or authenticate anything since it no longer exist. It really makes the case more difficult for them to prosecute in my opinion. As long as you follow the proper legal procedures they should be much more willing to dismiss, compared to accounts purchased from existing banks.

Art, do you have any more info. on your case that would be helpful to others in similar situations? I'm in the same boat, currently fighting a Cavalry lawsuit based on an alleged Washington Mutual / Chase account.

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Art, do you have any more info. on your case that would be helpful to others in similar situations? I'm in the same boat, currently fighting a Cavalry lawsuit based on an alleged Washington Mutual / Chase account.

Yes it does appear that WAMU/CHASE thing can help our cases!

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Nope WAMU!

CACH actually bought debt with no documentation in 2010, 2011 from B of A.  I wouldn't be surprised if they bought similar crap paper from other lenders.  Don't let them get away with anything!

 

http://www.creditinfocenter.com/community/topic/319848-bank-of-america-admittedly-sold-debts-to-cach-that-were-undocumented/

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Art, do you have any more info. on your case that would be helpful to others in similar situations? I'm in the same boat, currently fighting a Cavalry lawsuit based on an alleged Washington Mutual / Chase account.

 

I can't comment on the details, but if I could it wouldn't help.

 

My guess is that the Providian/WAMU accounts are the bottom of the barrel as far as documentation is concerned. If I remember correctly the Federal Government basically gave WAMU to Chase and said "here, do something with this garbage". I seriously doubt they spent a lot of money getting account details on the charged off accounts. 

 

Like all of these case just make sure you don't get manipulated in the courtroom. I could be wrong but I don't see them winning any other way.

 

I had lost my job about this time and was at the beginning of my "financial adventure". This is one thing I still remember reading about the WAMU failure.

"Chief executive Alan H. Fishman was flying from New York to Seattle on the day the bank was closed, and eventually received a $7.5 million sign-on bonus and cash severance of $11.6 million after being CEO for 17 days."

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CACH folds fast if you start disputing their "evidence"

 

They fold even faster if you get a lawyer...

 

They run even faster if you get a lawyer and sue for FDCPA violations

This is true.

 

CACH is concerned about its Ca$h and nothing else.

 

  Even if a lawyer sneezes on the documents they will run.

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I found this subject very interesting since it has been 3 months now since I answered the summons and I have not heard from them.  

 

I searched my county website to try to find upcoming cases in court I could attend to familiarize myself with the court preceedings.

 

I searched on the filings in my county from 2009 to present for CACH, LLC.  There were 17.  Of those 17 only 5 had something in the status column.   2 were satisfied and 3 were dismissed without prejudice.  The other 12 had status columns of blank!      It makes me very curious what is going on with the other 12.  Well - one is me so I guess I know what is happening there.  

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CACH actually bought debt with no documentation in 2010, 2011 from B of A.  I wouldn't be surprised if they bought similar crap paper from other lenders.  Don't let them get away with anything!

 

http://www.creditinfocenter.com/community/topic/319848-bank-of-america-admittedly-sold-debts-to-cach-that-were-undocumented/

Oh I am willing to fight, Seadragon is in my corner, I might even go so far as to drive and pay him a visit for some coaching on arguing in court. I hope they drop it before it gets to that.

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CACH is beatable -- Citibank in this case.  I think opposing counsel on my case was a bit more tenacious, but I was able to get a voluntary dismissal from them by challenging each and every piece of their "evidence"  in a Motion in Limine.

I've heard that as well. I have faith, it just gets scary when I think it is going as planned and get the bull$h*t Opposition to my Motion to Compel BOP. So the next few months will be nervewracking but I hope we will prevail.

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Plan for the worst case scenario regardless. There's nothing worse than getting your hopes up that they will just go away and then they don't. 

Trust me, my first case I brought on a lawyer due to it getting complicated with a possible counter suit. It looked like it was going to make it to trial. Although I bet it wouldn't have due to their witness probably not showing up, but we decided to offer them a deal before the trial. I believed I had a biased bad judge so we didn't want the decision to be in his hands and wanted that control back which we took and it's over. I am planning for the worst. I'm even ready to visit anybody that can coach me in arguing in court. I'm horrible at it. Just at the few motions I have been at, it's so nervewracking.

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Trust me, my first case I brought on a lawyer due to it getting complicated with a possible counter suit. It looked like it was going to make it to trial. Although I bet it wouldn't have due to their witness probably not showing up, but we decided to offer them a deal before the trial. I believed I had a biased bad judge so we didn't want the decision to be in his hands and wanted that control back which we took and it's over. I am planning for the worst. I'm even ready to visit anybody that can coach me in arguing in court. I'm horrible at it. Just at the few motions I have been at, it's so nervewracking.

 

I said this to someone else on the other board; Organization is the number one issue where people lose their case. If you can organize your files you can organize your thoughts. (My own saying)

Make a binder, put all your documents in that binder, summons, documents and anything court related.

Get another binder put your case laws, arguments, notes, what you leraned from here, etc. Mark them so when you are looking for things in court you don't have to flip too much (example; proof of standing , case laws related to proof of standing, my notes and what I taken form the research on proof of satnding etc.)

This helps you become good at thinking on your feet or when you get a brain freeze.

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Oh I am willing to fight, Seadragon is in my corner, I might even go so far as to drive and pay him a visit for some coaching on arguing in court. I hope they drop it before it gets to that.

we could all skype and hold a mute court maybe that will help. It will have to be next week however as I am doing the first fun thing I have done since 2010. I am going gold mining and maybe get a tan. I have spent maaaaaaannnnnnnnyyy weekends and nights so I need some time on the mountain. Oh and I am getting trashed also devils cut and all(sorry admin wine doesn't agree with me).

 

and I believe you argue just fine. You get all nervous before(totally normal) and then get in their and exude the quiet cool which impresses the judges even more.

So you are nervous because it is normal. The court would rather see us with rock solid caselaw than have a silver tongue.

 

it is the attitude we get in court. Think of the court as the wizard in the wizard of oz as they are human and see what the CA's are trying to do. Instead of saying they did this, do something it is better to say the courts that are your boss said this and these other 4-5 cases say you have to rule this way. and if they give the We are understaffed then tell the court well maybe if the clerks werent flirting with the collections attorneys all day maybe the file would be in order. (just joking do not even go there)

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I can tell you how to prepare, but I have yet to be able to say anything other than "your honor I request dismissal be with prejudice". The number of hours I have spent are impossible to count, which is funny because I don't think the opposing attorneys spends more than a few minutes. The first time I was pissed that I didn't get to have my trial and then I came here and CIC members help me realize that I actually had won! 

 

I start with having all of my notes printed in bold large print with a lot of space in between each topic. It usually is around 3-5 pages. One page dedicated to a list of things to object to, one for general court etiquette, one as an outline to stay on track, etc.

 

I have on average about a dozen easily accessible folders. I write in very large letters on each one what they are for. Some for specific case laws,court rules, questions for "the witness" (empty chair), etc

 

I review and read over everything a couple of times a day for at least a week or two before the court appearance. 

 

My personal experience is that all most of the attorneys and judges want is to get everything over with the least amount of effort possible. I have attended several days in court so far and the only time I felt comfortable as a defendant was when a young attorney was filling in. Unfortunately the defense got a continuance because he couldn't use his normal script like he does with the other judges.

 

 I stay in court from start to finish, even after my case is over. As the court clears out the judge always looks at me puzzled and says is their anything else I can do for you Mr. Vandelay? I say no your honor I am just waiting to observe how the court operates. He just grins and says I remember you and you are welcome to stay. I'm not sure if I annoy or entertain him, but now he does treat me with more respect than the other defendants.

 

I strongly suggest you dress in your best dress clothes also because the average defendant will look like they just got finished mowing their lawn. Some can't help it but I think most just don't care. In my opinion this makes a huge difference on how they treat you. Always sit on the front row so you can see and hear everything going on. This will help you get a feel for how things operate. Also get to court early and get to know the court employees if possible. Most I have dealt with are very friendly and are used to many others ignoring or being rude to them.

 

 Just remember to always be prepared, because you could end up with the attorney that actually fights you or a judge that isn't easy to work with. 

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IT is a trial! I have a hearing soon for Motion to Preclude or Compel. They want me to take it off the calender!

Hey mute, just curious when you had your mtc further response to your request was it not in the order that if plaintiff doesn't respond it will be precluded. With our case the judge put that in the order so we didn't have to file a motion to preclude.

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