Just received a summons and complaint in Arizona from lawyers representing CACH LLC

[tazcop1 1]

..Hello, I am new to the site and I just received a summons and complaint from a law firm representing CACH LLC regarding credit card debt from US BANK for the sum of $2213.78 and an additional $800.00 for court costs and reasonable fees. They also attached as exhibit A, a copy of a standard contract utilized by the original creditor (without my signature) and as exhibit B, they attached a copy of the affidavit of claim and certification of amount due with a notary stamped signature from the "recovery adjuster" stating that she is employed by US BANK (the original debtor) along with a partial blacked out account number and my partial blacked SSN along with a balance total and a date stating the last payment date. Also included was exhibit C, a statement from US BANK from Nov 2012 showing a balance of $1,899.01 and a copy of the transactions of payments and other credits and fees and interest charged.Also stated on this statement is CHARGE OFF. 

 

I am a single mother trying to make ends meet and so I am having to defend myself against these folks. My question is, do I have a chance of beating this thing? What is the first thing that I should do? I know that I need to file an "answer" by april 11 2014 but I am not sure how to answer properly, WHAT EXACTLY SHOULD I INCLUDE ON MY ANSWER TO THEIR COMPLAINT that won't get me laughed at in court? I can't afford an attorney. Should I also send a certified cease and desist letter along with a debt validation letter so that I can hope to prove Fair Credit violations and maybe make them pay me restitution? Should I file a counter complaint and if so, on what grounds? I have no idea what I am doing. There is just so much advice and information. I am confident that I can get the right stuff together, I just need some advice on the steps along the way. 

I have attached the summons and complaint along with their "exhibits"

 

ANY help from ANYONE would be so appreciated. Particularly if you have dealt with CACH LLC before and won and/or if you live in AZ.

Thanks in advance!!
 

[Az Piano Lady 14 90]

Hi, First off, yes you do have a good chance to beat this.  If you have already been served it is too late for debt validation, so don't waste time thinking about that or cease and desist stuff.

When was your last alleged pmt on the acct , and who is suing you??  This will help us determine what you should do.  If you look at the pinned section, there are questions to answer to help us determine how to best help you.

[tazcop1 1]

I am being sued by CACH LLC through their attorney @ Neuheisel law firm  and the last payment on the account was not shown. The payment area showed 0 payment but then there is an $1899.01 credit applied on the november 2012 statement.

[Public Enemy 57]

The cardmember agreement they sent was for a Harley Davidson credit card.  Is that the card you had?

[tazcop1 1]

Harley Visa issued through USBANK.

[Public Enemy 57]

You wouldn't happen to have the entire agreement would you?

[tazcop1 1]

That is what was sent to me in their filing with the court? Why do you ask? what would be the relevance of having the entire agreement?

[Public Enemy 57]

I was hoping you had your copy of the agreement from when you opened the account or sometime after that.

 

If the agreement has an arbitration clause that is a good way to fight something like this.

 

I will search online and see if I can find one.

[tazcop1 1]

That would kind of awesome!! How will it help me to fight this case if you find one exactly?

[tazcop1 1]

I don't mean to ask so many questions, it's just that I am really interested in finding out what my rights are and how I can fight this lawsuit and win. How did you become so knowledable regarding credit card debt and JDB? If you don't mind me asking?

[Public Enemy 57]

The only agreement I can find is a current one but that will probably work.

 

https://applications.usbank.com/oad/teamsite/usbank/docs/FR006213482_04_USBSIG.pdf

 

 

 

CACH paid around $75 for your account.  Taking this out of court and into arbitration will cost them at least $3500 and you will not pay more than $250 and maybe nothing.

 

You can also fight this in court if you want.  There are some knowledgeable members here from AZ that can help if that is the way you want to go.  There are positive and negative things with either strategy.

 

If you want to go the arbitration route I would send a letter to the attorney letting them know you wish to arbitrate the claim and they should withdraw the case from the court and request they send you a check for $250 for the arbitration filling fee per the agreement quoted below.  Also request the complete 7 page copy of the cardholder agreement.  Send it by mail CMRRR and also email.

 

At your request we will advance your filing and hearing fees for any Claim you may file against us.

 

 

 

They will probably not do it so then on to the next step which is filling a "Motion to Compel Arbitration with JAMS" with the court.

 

 

[tazcop1 1]

Thanks public enemy. If I decided to fight them in court, how should my answer appear on the forms submitted to the court? I just want to make sure that I have the right responses. Should I also include defenses on my answer and also a counter claim? Anyone who can look at my summons and complaint with attached documents above and can give me advice on how to proceed with my answer, would be most appreciated. 

[Goody_Ouchless 506]

I agree with public enemy. The AZ courts are stacked against the consumer and the information they provided in the complaint has been judged to be enough to prove their case. This one seems tailor made for an arbitration play. I've never done it, but others here should be able to help craft the verbiage.

[Wins the Battle 158]

Regardless whether you choose arb, you MUST answer this summons, or you will find yourself with a default judgment against you.

 

Make the presence of an arbitration clause, and your election of arbitration your first affirmative defense.

 

I didn't read the attached contract; is JAMS chosen as a forum? If so, you can go online to their website, and download the forms to initiate a JAMS complaint. Keep in mind, that in JAMS, YOU are the one with complaints, and you must find the things that you are demanding that they arbitrate with you. 

 

Suggestions: FDCPA violations on the part of the JDB: falsely accusing you of a debt they cannot prove you owe is a violation.

 

FDCPA violations on the part of the attorney: as officers of the court, it is their duty to uphold the standards of law in your state. They know, or should know that the *evidence* they are filing against you is inadmissible according to the generally accepted, for both Federal and state courts, Rules of Evidence. 

 

Etc.

 

Serve the Answer, AND serve the JAMS demand. (Or, AAA, if that's what you have available.)

 

I don't live in AZ, but based on what I've seen in this forum, AZ magistrate courts are no friends to the pro se debtor.

[GDayMateAZ 116]

..Hello, I am new to the site and I just received a summons and complaint from a law firm representing CACH LLC regarding credit card debt from US BANK for the sum of $2213.78 and an additional $800.00 for court costs and reasonable fees. They also attached as exhibit A, a copy of a standard contract utilized by the original creditor (without my signature) and as exhibit B, they attached a copy of the affidavit of claim and certification of amount due with a notary stamped signature from the "recovery adjuster" stating that she is employed by US BANK (the original debtor) along with a partial blacked out account number and my partial blacked SSN along with a balance total and a date stating the last payment date. Also included was exhibit C, a statement from US BANK from Nov 2012 showing a balance of $1,899.01 and a copy of the transactions of payments and other credits and fees and interest charged.Also stated on this statement is CHARGE OFF. 

 

I am a single mother trying to make ends meet and so I am having to defend myself against these folks. My question is, do I have a chance of beating this thing? What is the first thing that I should do? I know that I need to file an "answer" by april 11 2014 but I am not sure how to answer properly, WHAT EXACTLY SHOULD I INCLUDE ON MY ANSWER TO THEIR COMPLAINT that won't get me laughed at in court? I can't afford an attorney. Should I also send a certified cease and desist letter along with a debt validation letter so that I can hope to prove Fair Credit violations and maybe make them pay me restitution? Should I file a counter complaint and if so, on what grounds? I have no idea what I am doing. There is just so much advice and information. I am confident that I can get the right stuff together, I just need some advice on the steps along the way. 

I have attached the summons and complaint along with their "exhibits"

 

ANY help from ANYONE would be so appreciated. Particularly if you have dealt with CACH LLC before and won and/or if you live in AZ.

Thanks in advance!!

 

 

I've just sent you PM.

[Harry Seaward 1,356]

Were you ever contacted by CACH or their attorneys before you were sued?  If so, did you respond and can you post redacted copies of whatever you sent them and everything they sent you (before and after any response you sent them)?

[tazcop1 1]

Were you ever contacted by CACH or their attorneys before you were sued?  If so, did you respond and can you post redacted copies of whatever you sent them and everything they sent you (before and after any response you sent them)?

To be honest, I can't recall whether or not I have received any contact (I'm oretty sure that I may have received multiple requests from them that I did not keep) and I never did respond to any.

[tazcop1 1]

I just looked through the contract agreement and it does have a paragraph which mentions  under

 

OUR LEGAL RIGHT TO CHANGE OR CANCEL THIS AGREEMENT 

 

"that assignment of your account to another creditor. We may assign, sell, or transfer your account and amounts owed by you to another creditor at any time. If we do, this agreement will still be in effect unless and until amended, and any references made in this agreement to "we" "us", or "our" will refer to the creditor to which we assigned, sold or transferred your account or amounts owed under your account. You may not delegate your obligations and responsibilities to us to any third party without our express written consent."

There is also an arbitration Provision as well.

Does this mean that I have no defense to fight with? Will they have to still produce the original SIGNED agreement between myself and the original creditor to prove that I in fact owe what they say that I do?

Do I have any chance to win now?

PLEASE HELP!!!!!

[Goody_Ouchless 506]

They do not need to provide a signed agreement, since those no longer exist.

 

Can you post the arbitration provision?

[Harry Seaward 1,356]

@tazcop1 just because the OC has the right to sell the account, and even if they did sell it to CACH, CACH has to prove they purchased YOUR debt.

The biggest obstacle you're going to have to overcome is the affidavit from the OC. I haven't had a chance to scour through it but usually these are what seals a deal for a JDB.

One angle people sometimes explore is discrediting the affiant. You have to somehow show the person that signed it did not review the records as they claim to have done. I think the only way to do this is through a deposition of this person, and you will have to foot the bill for this and it won't be cheap.

It looks like JAMS arbitration is going to be your best shot at getting rid of these guys.

[Public Enemy 57]

43.  Arbitration Provision:

 

(a)  You agree that either you or we can choose to have binding arbitration resolve

 any claim, dispute or controversy between you and us that arises from or

relates to this Agreement or the Account and credit issued thereunder(individually and

collectively, a "Claim").  This does not apply to any Claim in which the relief sought is

within the jurisdictional limits of, and is filed in, a small claims court.

 

If arbitration is chosen by any party, the following will apply:

 

(1)  NEITHER YOU NOR WE WILL HAVE THE RIGHT TO LITIGATE A CLAIMIN COURT OR TO HAVE A

JURY TRIAL ON A CLAIM, OR TO ENGAGE INPRE-ARBITRATION DISCOVERY, EXCEPT AS PROV

IDED FOR IN THEAPPLICABLE ARBITRATION RULES.

 

(2) Arbitration will only decide our or your Claim, and you may not consolidate or join the claims

of other persons who may have similar claims.  YOU WILL NOT HAVE THE

 RIGHT TO PARTICIPATE AS A REPRESENTATIVE OR MEMBER OF ANY CLASS OF CLAIMANTS,

OR ASA PRIVATE ATTORNEY GENERAL, PERTAINING TO ANY CLAIM SUBJECTTO ARBITRATION.

 

 (3) The arbitration will be performed in accordance with this Arbitration Provision

and the rules of the chosen arbitrator in effect when the Claim is filed.

 (4)  The arbitrator’s decision will generally be final and binding,

 except for the limited right of appeal provided by the Federal Arbitration Act.

(5)  Other rights that you would have if you went to court might also not

 be available in arbitration.  (The party commencing the arbitration may

select to use either JAMS or theAmerican Arbitration Association ("AAA")

(or, if neither of these arbitration organizations

 will serve, then a comparable substitute arbitration organization agreed

upon by the parties or, if the parties cannot agree, chosen by a court of competent

jurisdiction).  If JAMS is selected, the arbitration will be handled according

to its Streamlined Arbitration Rules unless the Claim is for $250,000 or more, in which

case its Comprehensive Arbitration Rules shall apply.  If the AAA

is selected, the arbitration will be handled according to its Commercial Arbitration

Rules.  You may obtain rules and forms for JAMS by contacting JAMS

at 1-800-352-5267 or www.jamsadr.com and for the AAA by contacting the AAA

at 1-800-778-7879 or www.adr.org.  Any arbitration hearing that you attend will

take place in the federal judicial district where you reside.  At your request,we

will advance your filing and hearing fees for any Claim you may file against us.

 If you prevail on your Claim, we will pay your arbitration costs and fees,

other than attorney, expert and witness fees and expenses.  We will also pay

any fees or expenses that applicable law requires us to pay.  The arbitrator shall

apply applicable substantive law consistent with the Federal Arbitration Act, 9U.S.C. §§ 1

through 16, including but not limited to applicable statutes of limitation,

 and shall honor claims of privilege recognized at law.  Judgment upon the

award rendered by the arbitrator may be entered in any court having jurisdiction.

 © This Arbitration Provision shall survive repayment of your extension of credit

and termination of your Account.  This Arbitration Provision shall be governed by federal law,

including the Federal Arbitration Act, and by Ohio law, without regard

to its internal conflict of law principles, to the extent such state law does not

conflict with federal law or this Arbitration Provision. Notwithstanding any language

of this Agreement to the contrary, should any portion of this Arbitration

Provision be held invalid or unenforceable by a court or other body of

competent jurisdiction, this entire Arbitration Provision shall be automatically

terminated and all other provisions of this Agreement shall remain in full force and effect.

[Harry Seaward 1,356]

Exhibit B is the affidavit. Is there another page? There is no signature or notary seal.

[tazcop1 1]

Yes, there is a second page and it does include a signature and notary. What is JAMS arbitration and is it going to cost me a lot?  (

[Harry Seaward 1,356]

Yes, there is a second page and it does include a signature and notary. What is JAMS arbitration and is it going to cost me a lot?  (

JAMS is a private arbitration company and it seems the US Bank agreement lists them as an option. Consumer fees for JAMS is capped at $250, and some folks report success with the court or arbitrator ordering the business (US Bank) pay all fees including the consumer's, so it's possible you pay nothing. The advantage here is it will cost them the amount of the debt to go to arbitration so best case, they win a zero sum game. Once they realize this they dismiss the case.

The disadvantages of arbitration is there is no discovery so you can't force them to admit the defects in their case prior to your hearing with the arbitrator, so it's a little more tricky if they decide to run with it.

Given their evidence and amount of the debt, I think JAMS will be your best shot at getting rid of them.

[tazcop1 1]

JAMS is a private arbitration company and it seems the US Bank agreement lists them as an option. Consumer fees for JAMS is capped at $250, and some folks report success with the court or arbitrator ordering the business (US Bank) pay all fees including the consumer's, so it's possible you pay nothing. The advantage here is it will cost them the amount of the debt to go to arbitration so best case, they win a zero sum game. Once they realize this they dismiss the case.

The disadvantages of arbitration is there is no discovery so you can't force them to admit the defects in their case prior to your hearing with the arbitrator, so it's a little more tricky if they decide to run with it.

Given their evidence and amount of the debt, I think JAMS will be your best shot at getting rid of them.

I am checking the JAMS website and I don't see any arbitrators for them here in the phoenix area? How do get their help and do I still have to answer the summons as well?