Help with Cach LLC lawsuit

[bewitched33]

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?

$3,636.17 plus interest of $387.53 and Attorney's fees of $777.23  TOTAL of $4,800.93

 

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?) Served

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

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

 

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? None

 

9. What state and county do you live in? Ventura County, California

 

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) not sure

 

11. What is the SOL on the debt? I believe it is 4 years in my state

 

 

12. What is the status of your case? Suit served? Motions filed? You can find this by 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). I answered the summons denying the debt and sent them a BOP

 

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 

 

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? Already responded.


16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Absolutely nothing.  No statements, no exhibits, no contracts and no affidavit

 

  I have a couple of questions regarding my suit with Cach LLC and I'm hoping someone can help me. I have answered the complaint and sent them a BOP. I am awaiting a response from them. In the meantime I need to respond to their discovery requests and am not sure how the response needs to be formatted. I understand that it needs to be in pleading form but need help with the layout. I searched this forum but didn't find a template specific to california.

 

  Also, does a BOP have to be in pleading form in California? I thought that I read in another post on this forum that it did not so I didn't use pleading form. Is this a problem and if so, what should i do?

 

Any help with this would be greatly appreciated

 

 

 

 

 

 

[Anon Amos]

 I need to respond to their discovery requests and am not sure how the response needs to be formatted. I understand that it needs to be in pleading form but need help with the layout. I searched this forum but didn't find a template specific to california.

 

You can draft your answers on numbered legal pleading paper (google for free download). As for the layout; just use their discovery to you as a template and make your response to them look the same (always try to use everything they give you against them). You don't really need a template specific to CA. The main thing is that you provide a response on time. Also, it is not something that is filed with the court, so you are not going to get it wrong (to the point where it gets rejected). Just provide a timely response, admit to nothing, produce nothing, and object to damaging personal information request (bank records etc.). Send the discovery response certified mail with a POS.

 

  Also, does a BOP have to be in pleading form in California? I thought that I read in another post on this forum that it did not so I didn't use pleading form. Is this a problem and if so, what should i do?

 

I am not sure if you are asking if it should have been on pleading paper? If so, yes it should have been. It is not going to matter how or what you did regarding the BOP, as they are going to object to it anyway (stating the Destifano case) So it won't be a problem, just wait for the objection and then take it from there. Don't let them slide on the time to respond though. It's 10 days + 5 for mailing, (and no you do not stipulate to a 45 day extension).

 

Any help with this would be greatly appreciated

 

There's plenty of help here. Be very careful when dealing with CACH. You will need to fight them hard, keep pressure on them and force them to spend time on the case. If you keep putting pressure on them, they may dismiss, but they will fight hard as well. They do not give up without a lengthy fight, when they dismiss it is usually last minute. Good Luck.

 

 

 

 

[racecar]

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

http://www.creditinfocenter.com/community/topic/314030-the-strategy-and-steps-of-arbitration/

http://www.jamsadr.com/

 

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.

 

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.

 

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.

[bewitched33]

Thank you so much for the replies. This is all new to me and appreciate the help. When I send them my response to their discovery questions do I include a copy of the proof of service to them as well or is this just for my records? Also, after I send my response what should my next move be? Thanks in advance for the help

[bewitched33]

Hi everybody.

 

   I could really use some help. I received papers from Cach in response to my BOP that I sent them. My question is how should I respond to this? I have not sent them a discovery request  yet because I was waiting on this response. Some specific advice would be greatly appreciated. My legal knowledge is minimal at best but I need to fight this on my own and I want to do it right.

 

HERE IS WHAT THEY SENT

 

TO DEFENDANT AND THE ATTORNEY IN THIS ACTION:
Plaintiff CACH, LLC hereby responds to the defendant’s demand for a copy of items of the
account as set forth below. Plaintiff does not presently have in its possession all the monthly
statements of defendant’s account or an itemization of all the individual charges of defendant’s
account, but reserves all rights available under applicable law to amend this bill of particulars to
include this information or any portion of it when it becomes available.
 

Furthermore, plaintiff objects to this demand for a copy of items of the account to the
extent that this account constitutes an account stated. See Maggio v. Neal, 196 Cal. App. 3d 745
(1987). Plaintiff sent defendant final statements of the amount due and demands for payment
thereon. Defendant failed to object to the amount due. This demand for copy of items of the
account is not appropriate in an action on an account stated. Ahlbin v. Crescent Commercial

C0rp., 100 Cal. App. 2d 646, 648 (1950); Distefano v. Hall, 218 Cal. App. 2d 657, 677 (1963).
Notwithstanding this objection, plaintiff provides the following information regarding the first and
second causes of action. However, plaintiff reserves the right to maintain its objections to any
further request for information in response to defendant’s demand for bill of particulars.
 

First and Second Causes of Action:
Plaintiffs account consists of GE Money Bank credit card account number
xxx xxxx xxxxxxx. Account originally opened January 11, 2008 with original creditor GE Money
Bank. The original creditor performed under its written agreements with defendant by honoring
the card as presented by defendant at various merchants or financial institutions for purchases or
cash advances. Plaintiff paid these merchants or financial institutions the sums requested by
defendant according to the charge slip or other authorization of defendant. A standard copy of GE
Money Bank’s written credit card agreement is included herewith.
As of June 16, 2010, the account balance consisted of $ 3,636.17 for purchases, cash
advances and other charges. A copy of the last statement dated January 21, 2011 is included
herewith. In addition, defendant owes prejudgment interest or finance charges on the balance at
the rate of 10% per armum either according to plaintiffs agreement with defendant or applicable
California law.
CACH, LLC purchased the account on or about February 23, 2011, and a copy of an
affidavit of GE Money Bank certifying the amount of the claim and the assignment to CACH,
LLC is included herewith.
Plaintiffs counsel sent a written demand for payment to defendant on or about December
3, 2012. In addition to plaintiff s written demand set forth above, defendant was sent a written
statement by GE Money Bank constituting demands for payment.

 

 

In addition to this they sent one final bill statement from ge moneybank, a copy of the cardholders agreement, an affidavit of sale and a copy of a letter from the law firm handling the case asking for payment.

[calawyer]

Does plaintiff allege a claim for breach of contract in your complaint?

[bewitched33]

Does plaintiff allege a claim for breach of contract in your complaint?

 

 

 

Hi calawyer. Yes the first cause of action is breach of contract.

 

[calawyer]

Dear___

I write to meet and confer regarding the objections to defendant's Bill of Particulars served in this matter. Pursuant to those objections, you refuse to provide a complete response claiming that a Bill of Particulars is not required for plaintiff’s claims of account stated.  Your letter ignores the fact that plaintiff has also alleged a cause of action for breach of contract.

Indeed, the case you cite, Distefano v. Hall is quite instructive. While Distefano does suggest that a Bill of Particulars may not be required for an account stated claim, the Court reached the opposite conclusion with respect to breach of contract: “Section 454 has received a fairly broad interpretation and has been construed to cover almost any kind of contract action for a money claim made up of more than one item.” 218 Cal. App. 2d 677.

I cannot understand why plaintiff would object to providing the most basic discovery that will be necessary to prove its claims. In any event, your erroneous objection to the Bill has already caused plaintiff’s response to be tardy. As the Distefano court noted, “The penalty for failure to furnish a bill of particulars, when one has been demanded, is that no evidence will be allowed in support of the cause of action pleaded.”

Please respond in 10 days or defendant will seek relief from the Court.
 

[bewitched33]

Thank you so much calawyer for your help. I will be sending this out tomorrow. Should I wait to send discovery request to them until after they respond to the meet and confer or should I send it to them now?

[Anon Amos]

Thank you so much calawyer for your help. I will be sending this out tomorrow. Should I wait to send discovery request to them until after they respond to the meet and confer or should I send it to them now?

I think you would wait, finish up this BOP issue first; then move on to the discovery for a few more key RFPOD's that you will need to do.

[Seadragon]

Have you answered the complaint? If they are delaying it is to lull you into not answering.

[bewitched33]

Have you answered the complaint? If they are delaying it is to lull you into not answering.

Yes I have answered the complaint as well as their discovery questions

[bewitched33]

Hi everybody. I received a response to the meet and confer letter that I sent to Cach. This is what they sent me.

 

TO DEFENDANT AND THE ATTORNEY IN THIS ACTION:

Response to Defendanfs Demand for Copy of Items of Account

Plaintiff CACH, LLC hereby responds to the defendant’s demand for a copy of items of the
account as set forth below. Plaintiff does not presently have in its possession all the monthly
statements of defendant’s account or an itemization of all the individual charges of defendant’s
account, but reserves all rights available under applicable law to amend this bill of particulars to
include this information or any portion of it when it becomes available.
Furthermore, plaintiff objects to this demand for a copy of items of the account to the
extent that this account constitutes an account stated. See Maggio v. Neal, 196 Cal. App. 3d 745
(1987). Plaintiff sent defendant final statements of the amount due and demands for payment
thereon. Defendant failed to object to the amount due. This demand for copy of items of the
account is not appropriate in an action on an account stated. Ahlbin v. Crescent Commercial
C0rp., 100 Cal. App. 2d 646, 648 (1950); Distefano v. Hall, 218 Cal. App. 2d 657, 677 (1963).
Notwithstanding this objection, plaintiff provides the following information regarding the first and
second causes of action. However, plaintiff reserves the right to maintain its objections to any
further request for information in response to defendant’s demand for bill of particulars.
First and Second Causes of Action:
Plaintiffs account consists of GE Money Bank credit card account number
xxxx xxxx xxx xxxxx. Account originally opened January 11, 2008 with original creditor GE Money
Bank. The original creditor performed under its written agreements with defendant by honoring
the card as presented by defendant at various merchants or financial institutions for purchases or
cash advances. Plaintiff paid these merchants or financial institutions the sums requested by
defendant according to the charge slip or other authorization of defendant. A standard copy of GE
Money Bank’s written credit card agreement is included herewith.
As of June 16, 2010, the account balance consisted of $ 3,636.17 for purchases, cash
advances and other charges. A copy of the last statement dated January 21, 2011 is included
herewith. In addition, defendant owes prejudgment interest or finance charges on the balance at
the rate of 10% per annum either according to plaintiffs agreement with defendant or applicable
Califomia law.
CACH, LLC purchased the account on or about February 23, 2011, and a copy of an
affidavit of GE Money Bank certifying the amount of the claim and the assignment to CACH,
LLC is included herewith.
Plaintiff s counsel sent a written demand for payment to defendant on or about December
3, 2012. In addition to plaintiffs written demand set forth above, defendant was sent a written
statement by GE Money Bank constituting demands for payment.

 

In addition to this they included a copy of the credit card agreement, a bill of sale from GE money bank with no names or account numbers, an affidavit of sale from a GE bank representative in Minnesota, and billing statements from February 2010 to April of 2011. The account was opened in 2008 so these statements are incomplete. I can post the other documents if that will help.These are the same documents they sent me in response to my first request for a bill of particulars except for the billing statements.

So how should I respond to this?

 

Also, I have a case management conference scheduled for August 28th and have no idea what to expect. What do I need to do to prepare for this?

Thank you for all of the help so far.

[calawyer]

The code says they HAVE to have the documents in 10 days. CACH finds it inconvenient to comply with the code.  Consider a motion to compel BOP.