Being Sued in Georgia by Cach

[gmason73]

I am being sued by Cach and received a summons.  I need to answer by July 2nd.  Any help with this would be appreciated.  Cach provided an Affidavit of Sale and Certification of Debt ( first time I saw this was in the summons) and the last credit card statement from BofA.  This is a debt that I owe, but I was never contacted by Cach until this lawsuit.  I have spoken with them on the phone, but the settlement they offered is too much money for me to pay.  The total debt is just over $2,500, but they are tacking on legal fees.  How should I answer the following statements?

 

PLAINTIFF'S REQUEST FOR ADMISSIONS TO DEFENDANT

Comes now Plaintiff in the above styled case and pursuant to O.C.G.A. 9-11-36 requests defendant within thirty (30) days after service of this request to make the following admissions for the purpose of this action only and subject to all pertinent objections to admissibility which may be interposed at trial:

1. Defendant is subject to the jurisdiction of this Court and venue is proper.

2. Defendant has either applied for, obtained, used, or authorized the use of the credit card which is the subject of the Plaintiff's complaint.

3. Defendant failed to make payments under the terms of the credit agreement, and as a result of Defendant's failure to make payments, Defendant defaulted leaving the balance as set forth in the complaint as due and owing.

4. All payments and credits to which the Defendant is entitled have been properly applied to the account and the amount sought in the complaint is a true and correct reflection of the amount owed.

5. Plaintiff is entitled to attorney's fees pursuant to the credit card agreement as attached as an exhibit to the complaint, if alleged in the complaint.

 

6. Prior to the filing of the complaint, the Defendant received statements from the Plaintiff showing the balance due.

7. Defendant did not dispute the charges or the balance as provided by the credit card agreement, and there are no disputes regarding the debt set forth in the complaint.

8. The balance due as alleged in the complaint is the correct sum owed by the Defendant based on Plaintiff's calculation of all information contained in records maintained by the Plaintiff on Defendant's account.

9. Plaintiff is the proper party Plaintiff and is the lawful ownder of the credit card debt that is owed.

 

 

[BTO429]

I am being sued by Cach and received a summons.  I need to answer by July 2nd.  Any help with this would be appreciated.  Cach provided an Affidavit of Sale and Certification of Debt ( first time I saw this was in the summons) and the last credit card statement from BofA.  This is a debt that I owe, but I was never contacted by Cach until this lawsuit.  I have spoken with them on the phone, but the settlement they offered is too much money for me to pay.  The total debt is just over $2,500, but they are tacking on legal fees.  How should I answer the following statements?

 

PLAINTIFF'S REQUEST FOR ADMISSIONS TO DEFENDANT

Comes now Plaintiff in the above styled case and pursuant to O.C.G.A. 9-11-36 requests defendant within thirty (30) days after service of this request to make the following admissions for the purpose of this action only and subject to all pertinent objections to admissibility which may be interposed at trial:

1. Defendant is subject to the jurisdiction of this Court and venue is proper. Admit

2. Defendant has either applied for, obtained, used, or authorized the use of the credit card which is the subject of the Plaintiff's complaint. Objection, Plaintiff has not provided enough information for the defendant to accurately admit to this question, calls for speculation on the part of the defendant.

3. Defendant failed to make payments under the terms of the credit agreement, and as a result of Defendant's failure to make payments, Defendant defaulted leaving the balance as set forth in the complaint as due and owing. Denied, the plaintiff has not provided an accounting statement of the alleged debt that would enable the defendant to admit to the accuracy of the alleged amounts being due and owed.

4. All payments and credits to which the Defendant is entitled have been properly applied to the account and the amount sought in the complaint is a true and correct reflection of the amount owed. denied, unless plaintiff shows an accounting statement from a zero balance the defendant cacnnot attest to the alleged balance being accurate and true.

5. Plaintiff is entitled to attorney's fees pursuant to the credit card agreement as attached as an exhibit to the complaint, if alleged in the complaint. Denied, plaintiff has not provided a contract that governs the payment of attorney fees by the defendant. A card member agreement does not establish a contractual agreement, because it is not signed by the defendant.

 

6. Prior to the filing of the complaint, the Defendant received statements from the Plaintiff showing the balance due. Denied

7. Defendant did not dispute the charges or the balance as provided by the credit card agreement, and there are no disputes regarding the debt set forth in the complaint. Denied

8. The balance due as alleged in the complaint is the correct sum owed by the Defendant based on Plaintiff's calculation of all information contained in records maintained by the Plaintiff on Defendant's account. Denied

9. Plaintiff is the proper party Plaintiff and is the lawful ownder of the credit card debt that is owed. Denied, plaintiff has not provided enough evidence that proves they own the debt.

[gmason73]

So, I deny even though they have provided the Credit Card statement from BofA and the Affadavit?  Can you explain further?

[Huey Pilot]

Do a Google search on the internet for "Jill Sheridan"  She is from Georgia and has a big win against Midland Funding. She has posted all of her pleadings and documents as templates for general use. There are tons of good ideas, examples, and caselaw there to save you all the weeks of looking it all up.

 

HP

[racecar]

http://www.scribd.com/JillianSheridanThis is all her files

[debtzapper]

CACH may have violated the FDCPA by tacking on attorneys fees:

 

Under GA law, neither court costs nor attorneys' fee can be recovered except under special circumstances.

 

O.C.G.A. 13-6-11 provides:  "The expenses of litigation shall not be collected as part of the damages, but where the plaintiff has pleaded and has made prayer therefor, and where defendant has acted in bad faith, or has been stubbornly litigious, or has caused the plaintiff unnecessary trouble and expenses, the jury may allow them."

 

 

Section 1692f of the FDCPA forbids the "collection of any amount (including interest,fee,  charge or expense, incidental to the principle) unless such an amount is expressly authorized by the agreement or permitted by law."

 

I would contact www.skarrandfeagle.com.  They are one the finest consumer law firms in GA.  There is no charge for a consultation.  If CACH did violate the FDCPA, Skaar and Feagle may be able to represent you without charge in CACH's lawsuit against you, in addition to obtaining statutory damages for you.

[gmason73]

Does it matter that I have discussed this with the debt collector and offered to make small monthly payments?