Scooter500

My Answers to the Questionare. CACH/Mandarich vs. Me

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My 20 questions;

 

1. Who is the named plaintiff in the suit?  CACH LLC  Mandarich Laww group in CA.

2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Initally the case was handled by David Duvek law offices in San Diego, they later hired Mandarich in Los Angeles.

3. How much are you being sued for? over $10,000 son had cancer, tried to pay bills as often as we could. tried to keep up payments..

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?) Served at residence

6. How were you served? (Mail, In person, Notice on door)  Served at residence in 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? From day one we asked for valdiation, disputed. Initally the case was handled by David Duvek law offices in San Diego then we again disputed with Mandrich

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

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 2011 Still inside limitations (under the 4 years).

11. What is the SOL on the debt? To find out: September this year.

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). Suit filed, in discovery right now.

13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) Disputed CACH LLC listing on credit report with Collection Agencies. Did not dispute with OC "Bank of America".

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. Yes twice, once with David Duvek law office, again when Mandarich took case over.

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? Already responded to suit, with denial. I have no contract with CACH at all.. Have until end of month to answer points they are claiming. recived interogatory.

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. Bill of Sale, Statement and a payment schedule

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@Scooter500

 

You need to change your response to #1.  You are the defendant, not the plaintiff.  The plaintiff is the company that is suing you.

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I have this questionare From CACH;

 

1. State all facts upon which YOU base YOUR contention that YOU owe nothing on II the ACCOUNT (for purposes ofthese Special Interrogatories, "YOU' and "YOUR" mean and II refer to me, your agents, attorneys, representatives or anyone acting on your
1
Case No. Case number
Special Interrogatories
1 2 3 4 5
6
7 8
9
10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
behalf, and "ACCOUNT" means the MBNA AMERICA, N.A. account number which is the subject ofthis lawsuit). IfYOU make no such contention, do not answer this interrogatory.
2.
Describe each document that YOU believe supports YOUR contention that YOU owe nothing on the ACCOUNT. IfYOU make no such contention, do not answer this interrogatory.
3.
State all facts upon which YOU base YOUR contention that YOU owe less than the amount prayed for in Plaintiff's Complaint on the ACCOUNT. If YOU make no such contention, do not answer this interrogatory.
4.
Describe each document that YOU believe supports YOUR contention that YOU owe less than the amount prayed for in Plaintiff's Complaint on the ACCOUNT. IfYOU make no such contention, do not answer this interrogatory.
5.
State each ofYOUR affirmative defenses.
6.
State all facts upon which YOU base YOUR affirmative defense(s).
7.
State each mailing address, if different from YOUR residence addresses, for the last ten years and dates that YOU received mail at each.
8.
State all facts regarding payments made on the ACCOUNT.
9.
Describe each document evidencing payments made on the ACCOUNT.
10.
IfYOU have ever been married, state the name ofYOUR spouse(s).
11.
State all details regarding the length ofYOUR marriage(s) (i.e., from what date

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Interrogatories;

 

1. Admit that ORIGINAL CREDITOR issued to YOU the ACCOUNT (for purposes ofthese Requests for Admissions, "ORIGINAL CREDITOR" means MBNA AMERICA, N.A., "YOU" and "YOUR" mean and refer to "me" your agents, attorneys, representatives or anyone acting on your behalf, and "ACCOUNT" means the Mbna America, N.A. account number # which is the subject ofthis lawsuit).
2. Admit that YOU used said ACCOUNT (e.g., for purchases and/or cash advances).
3.Admit that YOU and ORIGINAL CREDITOR entered into an agreement regarding the ACCOUNT.
4. Admit that YOU agreed to pay ORIGINAL CREDITOR and its successors and
assigned all outstanding balances owed on the ACCOUNT.
5. Admit that ORIGINAL CREDITOR mailed monthly statements to YOU regarding
 II YOUR ACCOUNT.
6 Admit that you received a final statement on or around Date from
 II ORIGINAL CREDITOR with an outstanding balance of $00,000.00.
7. Admit that YOU never disputed, with any person or entity including the
8 ORIGINAL CREDITOR, the statement with an outstanding balance of $00000.00
9. Admit that YOU have not paid the outstanding balance on said ACCOUNT.
10. Admit that YOU owe the Plaintiff the amounts prayed for in the Complaint.
11. Admit that YOU have no facts which would vary the amounts owed to Plaintiff
12. Admit that YOU have no affirmative defenses against the Plaintiffs Complaint.
 Executed at Los Angeles, California on Date.

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