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JZSYami

Sued by CACH LLC

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Hi y'all I'm new here and have a few questions

 

the part in italics is my case

 

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 LLC

3. How much are you being sued for?

    - $2300 +

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

    - Bank of America

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

    - Summon served

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

    - At my house, the police or sherrif came by and served me the complaint

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

    -  Yes

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?

    - California, Butte

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

    - I believed 2009 / 09

11. What is the SOL on the debt?

    - 4 years in California

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)

 

11/18/13 APP FOR ORDER WAIVING COURT FEES & COSTS
  FILED BY [D-JZSYAMI]
using my username in this forum in case of lurkers
  11/18/13 ORDER RE: WAIVER OF COURT FEES & COSTS
  GRANTED AS TO JZSYAMI

  11/18/13 ANSWER/FIRST PAPER TO LIMITED COMPLAINT
  (UNDER 10K)

  10/24/13 PROOF OF SERVICE OF SUMMONS/COMPLAINT AS TO
  JZSYAMI

 


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.

    - 30 days, and I hired Wright & Co Law offices to defend me.
again using fake info to protect from Lurkers

16. We need to know what the "charges" are. Please post what they are claiming.Common counts,account stated,breach of contract,claims of debt for goods sold and delivered,for work performed,for money loaned or advanced,for money paid and repayment is due,for money received on behalf of the plaintiff,money due on an account stated or on an open book account, indebitatus assumpsit, quantum meruit,quantum valebant,unjust enrichment.

    - Breach of Contract, Common Counts, Account States

 17. Is the complaint "verified"? A verified complaint is one in which the last page it has a declaration from someone stating that the information and allegations are true and correct under penalty of perjury.

    - No.  The complaint is not verified.

18. Did you receive discovery or interrogatory or Admissions (questionnaire) regarding the lawsuit?

    - Yes, they are the same as KickJDBhard2013's (319193-need-guidance-in-replying-cachs-interrogatories)

 with more questions added that I will need some guidance to reply to them.

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

There is no evidence with the summon.  

 

 
I recived the discovery forms on the 7th of January and have no idea how to answer the request to the production of documents. This debt is old and there is a chance that potential evidence could have been destroyed. 
 
so, how do I answer the Request to the Production of Documents?
Edited by JZSYami

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JZ,

 

You mention you hired an attorney in answer to Q15, why are you asking about answers to Discovery.  If you paid an attorney they should be answering these questions for you, with you assistance with the facts...

 

If you want responses you will need to post the questions, not likely that many people will perform a search of another thread to find the questions.

 

Finally, how did you answer the complaint, will help in giving advice to answer the discovery questions once you post.

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Note, this may be out of statute.  BofA uses Delaware law, where the SOL is 3 years.  Look up the CA case of Resurgent v. Chambers, where this is discussed. 

 

Another option: look into the arbitration strategy.  CACH hates arbitration because of its costs.

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here's the interrogatories for my case.

 

1. State all facts upon which You base your contention that you owe nothing on the account. If you make no such contention do not answer.

 

2. Describe each document that you believe supports your contention that you own nothing on the account. If you make no such contention do not answer.

 

3. State all facts upon which you base your contention that you owe less that the amount prayed for in Plaintiffs complaint on the account. If you make no such contention do not answer.

 

4. Describe each document that you believe supports your contention that you owe less than the amount prayed for in Plaintiff complaint on the account. If you make no such contention do not answer.

 

5. State each of your affirmative defenses.

 

6. State all facts upon which you base your affirmative defenses.

 

7. State each mailing address, if different from your current residence, for the last TEN years that you received mail at.

     Objection: Plantiff's request is irrelevant to this case

 

8. State all facts regarding payments made on the account.

 

9. Describe each document evidencing payments made on the account.

 

10. If you have even been married, state the name of your spouse.

      Objection: Irrelevant, Defendant has never married

 

11. State all details regarding the length of your marriage, from what date until what date.

      See response to interrogatory #10

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JZ,

 

Something is still missing, you hired an attorney, I assume paid a sum of money.  What was this attorney suppose to do?

 

The reason I ask is interrogatories are something the attorney should be able to answer. Example #5 regarding your affirmative defenses.

 

When your attorney filed the answer to the complaint, he would have added affirmative defenses, thus he shouldn't need any information from you to answer #5.

 

I am not saying we won't try to help you but part of the help has to include an understanding of your case. 

 

I can see where your attorney might need assistance with addresses from the past, but on the flip side.  A good attorney is going to know that shouldn't be supplied and may not be a relevant request at this time.

 

Your case is for $2300 dollars, I am not sure I see how you can pay an attorney to handle the case. Where the attorney costs more than what you owed.

 

Help us Help you we need to know what you included in your answer to give you reasonable responses to interrogatorriies...

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You did not list the request for production of documents they sent you. A general rule of thumb (depending on how you answered) is deny everything, produce nothing, and object to overly personal information.

 

I agree with these guys / gals, if you have a lawyer then he should do the discovery. Otherwise people will be willing to help on discovery here, but it's a lot of work, and if a lawyer is going to handle it anyway, there's no need.

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JZ,

Let's try it this way-

Who filed the answer to the complaint? You or Attorney

What are the affirmative defenses that were included with the Answer? example Statute of Limitations, Lack of Standing etc.( you should be able to look at the answer and find these)

What were the attorney's exact instructions regarding the answers to discovery?

The reason this is important is for anyone on this site to give you a reasonable answer to #5, then we have to know what was filed with the answer.

Finally, how much have you paid this attorney, frankly based on your answers I see bad things in the future..

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Hello all,


 


like many on this blog I am being sued by an attorney representing Cash LLC


 


Please check this blog as this might just be the start of the end for Cash LLC and other blood suckers:


 


http://hanavee.hubpa...ors#lastcomment


 


good luck to all


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