CACH LLC vs me nj

[baccsi]

Hi,

 

I am being sued by CACH LLC NJ via f*in, s*ch k*hn and sh*pard. I submitted a motion for summary judgment along with my answer based on lack of evidence( it worked in the last case). The law firm sent me an Opposition to Defendants Motion for Summary Judgment together with Plaintiffs Notice of Cross-Motion for Summary Judgment. They also admitted as proof, an affidavit of account transfer from Colarado, a generic bill of sale from Wells Fargo, and some old cc statements that have charges on them.

  I will automatically oppose their cross-motion. I am a little concerned about the proof they provided and how to attack their evidence/case.

 

Some of their arguments:

 

1. Plaintiffs cross-motion for summary judgment must be granted because plaintiff has satisfied its burden of proof pursuant to the rules of court and seminal case law

 

2. no genuine issue of material fact having been presented, the court, as a matter of law, should grant summary judgment in favor of plaintiff

 

3.Plaintiff is now the owner of defendants defaulted credit card agreement and plaintiff is entitled to summary judgment as no genuine issue of material facts exists.

 

I am a little overwhelmed with their response. The packet of documents is about 40 pages long.  I will try and get a copy of the motions uploaded as soon as I get a chance. I'm a little stressed about the 10 day time limit.

 

Thanks for any responses in advanced.  

[baccsi]

Sorry! forgot to post this first

 

1. Who is the named plaintiff in the suit? CACH OF NJ LLC

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

3. How much are you being sued for? $10,074

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 BY MAIL

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

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?N.J

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations)2010

11. What is the SOL on the debt? To find out: NOT YET( STILL WITHIN SOL)

Statute of Limitations on Debts

12. What is the status of your case? Suit served? Motions filed? You can find this by a) 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).COMPLAINT SERVED, ANSWER + MOTION FOR SUMMARY JUDGMENT( DEFENDANT), OPPOSITION TO MOTION AND NOTICE OF CROSS-MOTION FOR SUMMARY JUDGMENT( PLAINTIFF) 

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? 10 DAYS

Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits

16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits.AFFIDAVIT BUSINESS RECORDS, BILL OF SALE REFERENCING A "FLOW AGREEMENT FOR PURCHASE AND SALE OF CHARGED OFF ACCOUNTS" WITH A COMPUTER PRINT OUT, CERTIFICATION OF ASSIGNMENT, AFFIDAVIT OF ACCOUNT TRANSFER,  AND 6 MONTHS OF CC STATEMENTS INCLUDING PURCHASES AND CHARGE OFF 

17. Read this article: 

Sued by a Debt Collector - Learn How to Fight Debt Lawsuits

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[racecar]

There are motions for summary judgment and opposition to summary judgment look in appeals and in index of files.

 

http://philipstern.com/resources.html

http://www.judiciary.state.nj.us/rules/index.html

http://www.judiciary.state.nj.us/forms.htm

http://philipstern.com/Cases.html

http://philipstern.com/Appeals.html

http://philipstern.com/services.html

http://www.philipstern.com/files/