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BEING SUED BY MANDARICH LAW GROUP...HELP PLEASE!!


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Hi guys!  I need some advice and definite help.  I have also been sued by Mandarich Law Group and received notice of motion and motion for order that matters in request for admissions...i answered the lawsuit when i first received it as best as i could (which was not great).  I've been trying to do this by myself but i think i should of turned to an attorney.  I tried to settle with them but they were not willing to settle any lower than what i owed which is 3800 plus attorney fees.  I had received a settlement prior to them with a different collection agency for $1000, i made 3 payments of 100 to them and when i was ready to pay the remaining 700 they wanted 1000 instead so I felt upset and my bank account had just changed so i stopped paying....now i'm being sued.  When i received the request for admission i honestly let time pass and did not answer.  Now they want $602.50 on monetary sanctions because I did not answer in time.  Im a single mom with two jobs and I have not had time for any of this.  The credit card i'm being sued for was under my name but was used by my ex fiance who left me hanging and now i cannot afford an attorney.  I just dont want my wages garnished and i was willing to settle but the amount they want is out of my reach.  Can someone help me, I have court tomorrow.  Should I hire an attorney instead?

 

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 LAW GROUP, LLP

3. How much are you being sued for?

$3788.53 PLUS COURT AND ATTORNEY FEES

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?)

I WAS SERVED

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

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?

NONE

9. What state and county do you live in?

ORANGE COUNTY, CA.  LAWSUIT IS IN LA COUNTY CA

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

March 2012 to a different debt collector

11. What is the SOL on the debt? To find out: 4 yrs

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  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).

MOTIONS FILED

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? 

I ANSWERED THE SUMMON AND DENIED EVERYTHING.

I DID NOT ANSWER THE REQUEST FOR ADMISSION OR INTERROGATORY =/

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.

NO EVIDENCE ON ORIGINAL SUMMON

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Please read carefully:

 

CCP 2033.280

 

If a party to whom requests for admission are directed fails to serve a timely response, the following rules apply:

 

(a) The party to whom the requests for admission are directed waives any objection to the requests, including one based on privilege or on the protection for work product under Chapter 4 (commencing with Section 2018.010). The court, on motion, may relieve that party from this waiver on its determination that both of the following conditions are satisfied:

 

(1) The party has subsequently served a response that is in substantial compliance with Sections 2033.210, 2033.220, and 2033.230.

 

(2) The party's failure to serve a timely response was the result of mistake, inadvertence, or excusable neglect.

 

( b ) The requesting party may move for an order that the genuineness of any documents and the truth of any matters specified in the requests be deemed admitted, as well as for a monetary sanction under Chapter 7 (commencing with Section 2023.010).

 

( c ) The court shall make this order, unless it finds that the party to whom the requests for admission have been directed has served, before the hearing on the motion, a proposed response to the requests for admission that is in substantial compliance with Section 2033.220. It is mandatory that the court impose a monetary sanction under Chapter 7 (commencing with Section 2023.010) on the party or attorney, or both, whose failure to serve a timely response to requests for admission necessitated this motion.

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They were due March 10, 2014.  I honestly gave up.  I just wanted to settle with them and start paying.  I wasn't able to get any help in our court system.  They have help for family law but not for civil, at least not that I know and its difficult for me to take time off of work.  

 

REQUEST FOR ADMISSIONS

1.  Admit that ORIGINAL CREDITOR issued to YOU the ACCOUNT (for purpose of these Requests for Admissions, "ORIGINAL CREDITOR" means BANK OF AMERICA, N.A., "YOU" and "YOUR" mean and refer to _________(my name) your agents, attorneys, representatives or anyone acting on your behalf, and "ACCOUNT" means the Bank of America, N.A. account number xxxxxxxxxxxx which is the subject of this 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 YOUR ACCOUNT.

6. Admit that you received a final statement on or around 02/28/2011 from ORIGINAL CREDITOR with an outstanding balance of $3788.53

7. Admit that YOU never disputed, with any person or entity including the ORIGINAL CREDITOR, the statement with an outstanding balance of $3788.53.

8. Admit that YOU have not paid the outstanding balance on said ACCOUNT

9. Admit that YOU owe the plaintiff the amounts prayed for in the Complaint.

10. Admit that YOU have no facts which would vary the amounts owed to Plaintiff.

11. Admit that YOU have no affirmative defenses against the Plaintiff's Complaint.

 

The interrogatories are not on this motion.  Not sure if I should answered them or why they are only interested in the request for admissions.

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The interrogatories are not on this motion.  Not sure if I should answered them or why they are only interested in the request for admissions.

 

Read post 5; They're interested b/c the case will be over if you don't prepare and serve answers on Monday.  Take a look at some threads to get an idea of how to answer.  A lot of people here can help.  I think under 2033.280( c ), your responses must be without objection.  You can also consider a motion for relief from the objection waiver - I don't know if there's time.

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I am confused in your statement you mention "i made 3 payments of 100 to them and when i was ready to pay the remaining 700 they wanted 1000"

Did you have an agreement in writing with them regarding your payment plan and agreement? I assume this was the first colllection agency? Then when you defaulted, they did not try to give you more time and or an extended agreement? Was the collection agency a valid one registeed in the state of California?

 

I am bringing this up because I am not sure (someone here on the board may know ) that if you had an agreement I dont think they can just say now we want more . Looks like you were so close to paying that 700-So I assume that your lawsuit is from a 2nd collection agency that the law group represents or are they representing the collection agency you originally defaulted with - just to clarify.

.

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I am confused in your statement you mention "i made 3 payments of 100 to them and when i was ready to pay the remaining 700 they wanted 1000"

Did you have an agreement in writing with them regarding your payment plan and agreement? I assume this was the first colllection agency? Then when you defaulted, they did not try to give you more time and or an extended agreement? Was the collection agency a valid one registeed in the state of California?

 

I am bringing this up because I am not sure (someone here on the board may know ) that if you had an agreement I dont think they can just say now we want more . Looks like you were so close to paying that 700-So I assume that your lawsuit is from a 2nd collection agency that the law group represents or are they representing the collection agency you originally defaulted with - just to clarify.

.

 

I have an email from the first collection agency which states the settlement for 1000.  Now over the phone (I know, i was too naive to ask for it in writing) they stated that they would keep my settlement and I could start making 100 each month until I was able to pay it off.  When i called them to make that final payment they were not going to take those 300 I had already given them and wanted an additional 1000.  It upset me because I was told other wise prior.  Thats when I stopped paying them and this law firm took over.   I sent them a copy of that email to them as part of my defense.  The law firm is representing a different collection agency. 

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Read post 5; They're interested b/c the case will be over if you don't prepare and serve answers on Monday.  Take a look at some threads to get an idea of how to answer.  A lot of people here can help.  I think under 2033.280( c ), your responses must be without objection.  You can also consider a motion for relief from the objection waiver - I don't know if there's time.

 

I wish I would have found this website a few months back.  Yes I found a few threads that I believe will help me.  Pardon my ignorance but what do you mean without objection? Motion for relief from the objection waiver?.....I'm not very good at all this.  

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I wish I would have found this website a few months back.  Yes I found a few threads that I believe will help me.  Pardon my ignorance but what do you mean without objection? Motion for relief from the objection waiver?.....I'm not very good at all this.  

I understood, I may not object to the request.  Now can I simply deny all allegations?  

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I have an email from the first collection agency which states the settlement for 1000.  Now over the phone (I know, i was too naive to ask for it in writing) they stated that they would keep my settlement and I could start making 100 each month until I was able to pay it off.  When i called them to make that final payment they were not going to take those 300 I had already given them and wanted an additional 1000.  It upset me because I was told other wise prior.  Thats when I stopped paying them and this law firm took over.   I sent them a copy of that email to them as part of my defense.  The law firm is representing a different collection agency. 

Do you have cancelled checks of what you paid This was all on the phone I assume when you made the arrangement? Do you have any recorded messages saved from them? Did they send anything in writing when you stopped paying such as a bill? 

 

You also need to see what was paid on the account as the base amount the lawsuit mentions may not be correct as you did make some payments on the account reducing your balance down from the base- I would call this prior collection agency and get  written accounting of what you paid to them. I would also call the bank and get as much info from the bank transfers ( if that is what you were doing) to show that you were paying into their account and the bank should have that information I assume. This information is good for your records in your case should you need them.

 

The people here are great and will help you- but you must stay diligent and check in here and spend the time to learn. It's not that hard and it can be done-

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The interrogatories are not on this motion.  Not sure if I should answered them or why they are only interested in the request for admissions.

They are only interested in the RFA's because as you can see; they can motion the court to have them deemed as admitted., which would mean case over. They CAN motion the court to make you answer the interrogatories, but with the admissions admitted they would have no need for it.

 

And yes, you should have answered them and the RFA's. You are now in need of damage repair.

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Do you have cancelled checks of what you paid This was all on the phone I assume when you made the arrangement? Do you have any recorded messages saved from them? Did they send anything in writing when you stopped paying such as a bill? 

 

You also need to see what was paid on the account as the base amount the lawsuit mentions may not be correct as you did make some payments on the account reducing your balance down from the base- I would call this prior collection agency and get  written accounting of what you paid to them. I would also call the bank and get as much info from the bank transfers ( if that is what you were doing) to show that you were paying into their account and the bank should have that information I assume. This information is good for your records in your case should you need them.

 

The people here are great and will help you- but you must stay diligent and check in here and spend the time to learn. It's not that hard and it can be done-

 

Yes I am getting the bank statements that show payments made to prior collection agency.  I am working on getting a statement from the previous agency as well.  Once i stopped paying they did not send me anything afterwards.  Believe me I thought it was a lost cause to which I was going to give up on.  I was getting ready to pay them I just wanted more time because initially they wanted to full amount anyways so I figured, if i'm going to be paying it all off might as well buy myself time.  I was obviously wrong and I will not let this pass me by.  I even considered bankruptcy because this was stressing me out way too much.  I feel very lucky to have found this website and I am determined to fight them to the best of my capabilities.  Seems I'm not alone on this.  For now I'm going to answer their request for admissions and go from there.  Do you know if i'm going to be in front of a judge when presenting the request? Or do I just submitted to the clerk? I know my questions are pretty ignorant, I just feel lost as to what to expect next.  I plan on answering this document below and denying all allegations. 

 

___________________________________

 

___________________________________

 

___________________________________

1Planitiff  1Defendant, In Pro Per

 

 

SUPERIOR COURT OF CALIFORNIA

COUNTY OF ______________________    

 

 

            Plaintiff,

      vs.

 

            Defendant

)

)

)

)

)

)

)

)

)

)

Case No.: No. __________________

 

Answering Party,___________________

___________________________________

RESPONSE TO REQUEST FOR ADMISSIONS

(SET NO.________________)

1 AND RELATED CROSS ACTION(S)_________)         

Asking Party:___________________________________________________

Responding Party:_______________________________________________

Set Number:__________________

      Responding Party,________________________________________________, hereby responds to the ________set of Requests for Admission propounded by asking party;

 [ SEE ATTACHED ]

 

      I declare under penalty of perjury the foregoing is true and correct.

Signed at __________________, California on ____________________, 200____

______________________________________________________________

 

RESPONSE TO REQUEST FOR ADMISSION NUMBER 1:

1 Admit

1 Deny

1 Admit as to the following facts:_______________________________________

__________________________________________________________________________

  Deny as to the remainder of the request for admission.

1 Other: ___________________________________________________________________

____________________________________________________________________________

 

RESPONSE TO REQUEST FOR ADMISSION NUMBER 2:

1 Admit

1 Deny

1 Admit as to the following facts:_______________________________________

__________________________________________________________________________

  Deny as to the remainder of the request for admission.

1 Other: ___________________________________________________________________

____________________________________________________________________________

 

RESPONSE TO REQUEST FOR ADMISSION NUMBER 3:

1 Admit

1 Deny

1 Admit as to the following facts:_______________________________________

__________________________________________________________________________

  Deny as to the remainder of the request for admission.

1 Other: ___________________________________________________________________

_________________________________________________________

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They are only interested in the RFA's because as you can see; they can motion the court to have them deemed as admitted., which would mean case over. They CAN motion the court to make you answer the interrogatories, but with the admissions admitted they would have no need for it.

 

And yes, you should have answered them and the RFA's. You are now in need of damage repair.

 

Yes I am in for a fee for my negligence.  Which I know its going to suck, but thats what I get for putting it off.  I just want it to go away.  I honestly was ready to pay them in full I was just trying to buy me some time.  No discovery was sent.  When answering their RFA do i take it to court and present it to them.  Ive never gone through this before, will it be infront of a judge? I'm trying to prepare myself for Monday.  

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Yes, but there's a "right" way to word them and I don't think you should expect to get more than one shot at it.

 

Yes, I am going through some threads in hopes I use the correct way to respond.  I just don't want them to close the case and win without me giving it a shot first.  

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Yes I am in for a fee for my negligence.  Which I know its going to suck, but thats what I get for putting it off.  I just want it to go away.  I honestly was ready to pay them in full I was just trying to buy me some time.  No discovery was sent.  When answering their RFA do i take it to court and present it to them.  Ive never gone through this before, will it be infront of a judge? I'm trying to prepare myself for Monday.

The RFA's and interrogatories ARE the discovery.

 

The judge will be there, but the issue is that you failed to answer them. It will be up to the judge to decide if you are allowed to answer them now. The statute says "no" they were already supposed to be answered. Just curious; were they sent to you CMRRR? 

 

 

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The RFA's and interrogatories ARE the discovery.

 

The judge will be there, but the issue is that you failed to answer them. It will be up to the judge to decide if you are allowed to answer them now. The statute says "no" they were already supposed to be answered. Just curious; were they sent to you CMRRR? 

 

No they were not sent CMRRR.  sorry I didnt know that was the discovery.  As you can see i'm very ignorant when it comes to this.  I noticed another threat from humngBird to which I plan on using to help me create my RFA from, the questions are the same as she got in her case.  do you recommend I hire an attorney?

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Yes I am in for a fee for my negligence.  Which I know its going to suck, but thats what I get for putting it off.  I just want it to go away.  I honestly was ready to pay them in full I was just trying to buy me some time.  No discovery was sent.  When answering their RFA do i take it to court and present it to them.  Ive never gone through this before, will it be infront of a judge? I'm trying to prepare myself for Monday.  

 

You have to serve the responses before the hearing.  (I think) that means you have to get to court early, and serve them on plaintiff's attorney before the hearing for your case begins.  The atty will check in with the court bailiff(?), and then you approach him/her and serve them.  Then you'll let the judge know that you've complied with 2033.280( c ).

 

(I haven't done this before, so someone will correct me if I've got it wrong.)

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The RFA's and interrogatories ARE the discovery.

 

The judge will be there, but the issue is that you failed to answer them. It will be up to the judge to decide if you are allowed to answer them now. The statute says "no" they were already supposed to be answered. Just curious; were they sent to you CMRRR? 

 

If the judge does not let me answer them any more does that mean I lost the case and they are getting a ruling against me?  

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Yes, if he deems them admitted, it is game over, but if he takes them, you have a fighting chance at salvaging this mess and maybe pulling out a win.

 

Yes, the more threads I read the more I wish i had done something about it before.  And the more I realize how screwed I am.  Do you guys have any suggestions as to how I should answer my RFA in a way that if taken by the judge I will not screw up my chances any further?.....j

 

Can I follow @sting advice and serve them prior to my hearing?  Which I plan on anyways just in case I can convince the judge.  Is there anything else I can do at this point?

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Then you'll let the judge know that you've complied with 2033.280( c ).

 

(I haven't done this before, so someone will correct me if I've got it wrong.)

She has not complied with this code. She would have had to send them a request for more time to answer and they would have had to agreed, and in writing.

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