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hi all...i'm writing to ask for guidance here. Cach LLC as many of you know has millions of dollars worth of junk debt from Bank of America. Cach's reputation isn't exactly model and they have filed a suit against me for written off BOA debt. At first they provided me with no substantial evidence to my debt so i answered that this was not my debt with no supporting evidence and i requested a signature page sheet showing i agreed to the term, etc. with BOA. as would anybody do once they open up a credit card. They also sent me a list of INTERROGATORIES in which i replied to most of them as 'invalid/improper' then they said they had a witness in Colorado that is willing to fly to my state. I received bank statements they obtained from BOA but not the signature sheet i requested and they also sent me a affidavit from that witness. Now i understand that is still hearsay in court so if i want to bring this to trial/mediation don't they have to have the witness fly out? I have never spoken with Cach LLC representatives before should i try to settle now?

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Its up to you if you want to settle , but if you want to fight it a lot of people here can help. I am not from new jersey , but from what I know on JDB they don't spend the money to fly someone out. Even if they do you can prepare to prove they have no first hand knowledge.

 

 

thank you, i am gearing towards fighting this and demanding a signature sheet for proof. i'm wondering if bank statements they obtained from BOA and a copy of the receipt that they bought the debt from BOA will suffice in court. They filed a summary judgement against me stating they have sufficient proof for a judgement which i will need to answer by next week. 

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In a regular trial no it should not be enough , but in summary judgment I am not sure hopefully someone from your state chimes in .

here is a post I could find for summary judgement in new jersey .

http://www.creditinfocenter.com/community/topic/318107-pressler-and-pressler-won-summary-judgment-what-now/?hl=%2Bsummary+%2Bjudgment+%2Bjersey#entry1213403

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that would be terrific. i'm wondering how to answer this, i have 10 days to answer or the judgement will be awarded. if anybody from NJ can help me i really appreciate it, at this point i'm thinking about speaking to a lawyer but rather not spend the money to do so.

 

hope everybody had a happy 4th!

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i uploaded the documents that were served to me through regular mail on Friday (July 6th)...

 

i will upload the bill of sale from BOA to CACH LLC, the affidavit and non-miliatry status forms as well...the rest are just about 30 pages or more of bank statements

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thanks for this...i like the sample response to a summary judgement motion and the case law it states...my one question to anybody is how do i formally answer this and can i counter motion to have the case dismissed? do i need to go to the courthouse for the paperwork? it is not too far from my house.

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http://webcache.googleusercontent.com/search?q=cache:zKQJ0XJQ32sJ:www1.salary.com/Brian-W-Tuite-Salary-Bonus-Stock-Options-for-SQUARETWO-FINANCIAL-CORP.html&hl=en&gl=us&strip=1

 

Not sure if this link will work. If you scroll down it gives the 2012 salary info on the cach signer

$250,000 salary, $425,000 bonus/incentive for a total of $675,000 plus $7,000 misc pay.

 

I have an almost  identical bill of sale dated two days earlier.

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thank you so much! i wish we all lived closer i would love to take all you guys out for dinner and drinks for the help here!

 

i am planning on sending in my response thursday through certified mail to meet the 'within 10 days' response. they are probably hoping i just ignore it so a judgement will be entered against me. 

 

i'm going to review the link you attached here but do i need to call the courthouse to let them know? somebody there told me last time i don't need to send or drop off copies of my answer to them just to the attorneys (the plaintiff) also do you think i should just use the link you attached and plug in my info? i'm just unsure of the formal procedure to answering this motion for summary judgement and can i counter motion to just have this case dismissed?

 

thanks everyone!

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http://webcache.googleusercontent.com/search?q=cache:zKQJ0XJQ32sJ:www1.salary.com/Brian-W-Tuite-Salary-Bonus-Stock-Options-for-SQUARETWO-FINANCIAL-CORP.html&hl=en&gl=us&strip=1

 

Not sure if this link will work. If you scroll down it gives the 2012 salary info on the cach signer

$250,000 salary, $425,000 bonus/incentive for a total of $675,000 plus $7,000 misc pay.

 

I have an almost  identical bill of sale dated two days earlier.

 

 

http://www.squaretwofinancial.com/wp-content/uploads/2010/12/Tuite_CLR_25-06.pdf

 

Here's an article he wrote about how to make money buying debt

 

 

unreal right? thanks for the fact-checking and due dilligence. i wonder if i can use this in court as being 'unscrupulous in nature' 

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http://scholar.google.com/scholar_case?case=12347089951873888061&q=debt+collection+credit+card&hl=en&as_sdt=4,31&as_ylo=2009

 

 

This one is pretty good , think you just put on plain paper , I am not sure if New Jersey requires the 28 line form we use .

http://www.philipstern.com/files/2011.07.07.SJM.pdf

 

 

thanks for the info my friend! you have been a lifesaver!!

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https://www.documentcloud.org/documents/329733-fia-to-cach-forward-flow.html

 

I noticed your bill of sale says "forward flow" on the bottom

This is an actual forward flow document, dated april 2010, from fia to cach

Although they'll say it is not relevant, I plan to print and bind all 39 pages and ask,

"How come you're presenting a blurry one page copy instead of soething like this?"

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https://www.documentcloud.org/documents/329733-fia-to-cach-forward-flow.html

 

I noticed your bill of sale says "forward flow" on the bottom

This is an actual forward flow document, dated april 2010, from fia to cach

Although they'll say it is not relevant, I plan to print and bind all 39 pages and ask,

"How come you're presenting a blurry one page copy instead of soething like this?"

 

 

that's a terrific point. i will definitely do that. i'm wondering if i should list this in my response and how i should word it however? thanks!

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that's a terrific point. i will definitely do that. i'm wondering if i should list this in my response and how i should word it however? thanks!

That I don't know. Mine is florida small claims so I don't need a written answer before the pre-trial conference. I'm going to ask the attorney, and then the judge if necessary.

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http://scholar.google.com/scholar_case?case=12347089951873888061&q=debt+collection+credit+card&hl=en&as_sdt=4,31&as_ylo=2009

 

 

This one is pretty good , think you just put on plain paper , I am not sure if New Jersey requires the 28 line form we use .

http://www.philipstern.com/files/2011.07.07.SJM.pdf

thank you as well! i will be putting together my response in writing and upload it tomorrow for review

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