Unclejj23

CACH LLC. Being Sued in CA for $30,000 - HELP!

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Need some legal advice. I have been reading most of the posts on here and this site has been extremely informative. I am being sued by CACH, LLC. for $30,000 in CA. 

 

I need to file my answer by the 20th or this Friday!  I have it mostly prepared but I could use another opinion in it.

 

1. There is no mention in the complaint about it being "verified."  It does have a Declaration of Venue. Is this considered verification?

 

2. I ask because I am not sure if I can just file a general denial answer because it is not verified or do I need to file a complete answer because it is over $25,000 regardless of verification? 

 

3. If long answer is required any ideas on what general Affirmative Defenses to use on the initial answer?

 

Thanks in advance for your input!

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Start by answering these and then list what they have sent you so far. Do not list any personal info or exact numbers.

 

Hopefully someone familiar with CA law will be here Today. Procrastination is your biggest enemy here. Not to mention they really will want to fight for that kind of $$$$.

 

 

 

 

1. Who is the named plaintiff in the suit? 

2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) 

3. How much are you being sued for? 

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

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

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

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

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? 

9. What state and county do you live in? 

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

11. What is the SOL on the debt? 

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

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

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. 

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? 


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

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Need some legal advice. I have been reading most of the posts on here and this site has been extremely informative. I am being sued by CACH, LLC. for $30,000 in CA. 

 

This is probably the worst bottom feeder out there, and you have a very large prize they are seeking. You will have to fight them hard, keep constant pressure on them and force the lawyer to spend time on the case.

 

I need to file my answer by the 20th or this Friday!  I have it mostly prepared but I could use another opinion in it.

 

Do no be late.

 

1. There is no mention in the complaint about it being "verified."  It does have a Declaration of Venue. Is this considered verification?

 

No, it is not verified.

 

2. I ask because I am not sure if I can just file a general denial answer because it is not verified or do I need to file a complete answer because it is over $25,000 regardless of verification? 

 

You may file the general denial.

 

3. If long answer is required any ideas on what general Affirmative Defenses to use on the initial answer?

 

We don't know enough about your case to know if you have affirmative defenses or not (You probably do however). Also you can put affirmative defenses on the general denial as well. In my opinion if you could come up with a valid cross complaint that would be even better, and give you some leverage.

Thanks in advance for your input!

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Thanks for the input. I will be sure to answer on time. I just want to make sure I buy some time here with a correctly formatted answer. 

 

 

 

Can you please explain how I would go about with a "valid cross complaint?" This sounds interesting.

 

 

Thanks!

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If you could answer the questions art posted, redact your personal info we could help you better.

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Posted Today, 07:11 AM

Start by answering these and then list what they have sent you so far. Do not list any personal info or exact numbers.

 

Hopefully someone familiar with CA law will be here Today. Procrastination is your biggest enemy here. Not to mention they really will want to fight for that kind of $$$$.

 

 

 

 

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.) Mandarich Law Group

 

3. How much are you being sued for? $30,050.00

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

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) 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? No

9. What state and county do you live in? CA

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 3 years..SOL may be an angle

11. What is the SOL on the debt? 4 years

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

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? 30 days 


16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Business Direct Application for Credit - Agreement and Personal Guarantee...nothing else.

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what is the cause of action? breach of contract, or account stated, suit on account, open book account, or all of them?

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I have not sent them a BOP as of yet.  Should I?  Or should I just send a general denial answer in order to meet the deadline, then has this buy me some time?  Or should I send the BOP with the answer?

 

Thanks again for all your help.

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Your is an unlimited civil case and thus has more discovery available and no declarations ccp98. As a practical matter BOP would be appropriate as well as demurrer. You have time but I would hit them hard with the BOP

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Thanks SeaDragon for the template.  Just so I understand. I should fill out that form completely with all my info and file directly with the court on record and then send a copy POS to the plaintiff correct?

 

Is there anything else I am missing?

 

This is satisfy the "answer" correct?

 

Sorry legal idiot and I know if you miss a detail or step your screwed. 

 

Thanks!

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OK so apologize for my scatter brain questions.  Just gets overwhelming when you are not used to legal protocols and have no legal background.

 

Thanks again SeaDragon - I used your long answer form to respond.

 

Next steps will be:

 

1. File the long form answer directly with the court on record

2. Send POS to the plaintiff

 

Hold tight until I get a response - than respond with BOP?

 

Is there anything else I should do as this point in time?

 

Thanks! 

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Can you please explain how I would go about with a "valid cross complaint?" This sounds interesting.

 

 

Thanks!

They would of had to of done something that qualifies them to be a worthy candidate for a lawsuit. Start by looking up FDCPA violations and see if anything fits your case. It would be hard to imagine CACH not having already broken one of these laws.

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There is a arbitration provision in the wells fargo credit agreement with AAA or such other mutually agreeable administrator I would pick jams.

YOU UNDERSTAND AND AGREE THAT YOU AND THE BANK ARE WAIVING THE RIGHT TO A JURY TRIAL OR TRIAL BEFORE A JUDGE IN A PUBLIC COURT

The strategy and steps of arbitration

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

http://www.adr.org/aaa/faces/home;jsessionid=0wpsRCrQ1F1TjQkDl9p4YwJnQCBTJpQngBVRQd21LG2z0nVjnNJC!-139241198?_afrLoop=4155157856572314&_afrWindowMode=0&_afrWindowId=null#%40%3F_afrWindowId%3Dnull%26_afrLoop%3D4155157856572314%26_afrWindowMode%3D0%26_adf.ctrl-state%3D1oy8azupv_4

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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OK so apologize for my scatter brain questions.  Just gets overwhelming when you are not used to legal protocols and have no legal background.

 

Thanks again SeaDragon - I used your long answer form to respond.

 

Next steps will be:

 

1. File the long form answer directly with the court on record

2. Send POS to the plaintiff

3. send BOP CMRRR(Certified mail return receipt requested) then:

4. Discovery

5. Stand by for them to file MSJ(Due to the large sum involved.

6. We stand next to you in the trenches, until it is over.

 

 

Is there anything else I should do as this point in time?

 

Thanks! 

 

Think real hard about representation, this is a huge amount of money. If you win the fees you get back. If not we will help.

 

Send the BOP tomorrow CMRRR and then we will work up discovery but do not file discover until the time for their response is due because we will eliminate some of those causes of action when they don't answer the BOP in time.

 

 

 

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California defendant/debtor can serve a Demand for a Bill of Particulars at anytime after filing the Answer to the Complaint.

 

http://www.avvo.com/legal-answers/demand-for-bill-of-particulars---when-can-i-send-i-718625.html

You can also file it before the answer, as used successfully in the BOP/demurrer strategy developed by Jespercorp. the 10 days to respond can also be combined in to a BOP/no response/Motion to preclude/Judgment on the pleadings strategy

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16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Business Direct Application for Credit - Agreement and Personal Guarantee...nothing else.

 

Is that something with your signature on it?

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Ok I filed the "answer" before deadline.

 

Next step is to:

 

1. Send BOP CMRRR

2. Wait for response correct?

 

Thanks for all your help!

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Ok I filed the "answer" before deadline.

 

Next step is to:

 

1. Send BOP CMRRR

2. Wait for response correct?

 

Thanks for all your help!

correct

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Remember you can always add a lawyer at any point in time. I honostly would probably get a lawyer as if you are in So Cal I know a good one. Please PM me already some of your things are similiar to a case I recently had. Don't want to discuss in public, but remember help is here, but in the end paying out a few grand with payments to a lawyer to make sure you do this right might be the best bet.

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Yes the Exhibit A had my sig on it. Business Direct Application for Credit - Agreement and Personal Guarantee

 

Dated 2007

Well that doesn't help matters much. When you finally do get evidence from them you will really need to attack it hard. Hearsay, doesn't meet the business records exception to it, incomplete, lacks foundation, not best evidence (not originals or true copies)

Make sure they show a complete accounting from zero balance to the amount owed. Force them to have to have a live witness (object to phone witness request, object and strike ccp 98 declaration in lieu of live testimony (and subpoena the declarant) & try to subpoena someone from the OC (if necessary, if there is no one from the OC then CACH does not have first hand knowledge of any of their records to lay a foundation and they are hearsay as well).

This is going to be a tough battle.

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You should send discovery to find the number of assignee-holders of the debt.

The "chain of title" From the original creditor all the way to cach.

Is there any reference to your individual account being sold or assigned to any assignee-purchaser?

Standing could be a problem for them. Look over any bill of sale several times.

"Signature on it. Business Direct Application for Credit"

Just shows you applied for an account or credit, does not create any liability on its own.

Is any of the evidence authenticated or verified? If so by whom.

Get the bop in as quick as you can.

BOP is NOT sent to the court.

BOP is sent with a PROOF OF SERVICE directly to the LAWYERS OFFICE.

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