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Potential Lawsuit from Mandarich Law Group


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Hi Everyone,

 

New poster here and I just wanted to say thank you for all the work you have done in helping people overcome the many obstacles in battling debt.

 

I am looking for some advice on how to handle a potential Lawsuit coming from Mandarich Law Group. I recently received an letter from them with a general threat with something to the degree of "Pay by X amount of days or we will pursue legal action". The debt stems from Cach LLC and Bank of America. The amount owed is a substantial amount and I will not be able to pay the amount in full. I was looking for advice on the best route I should be taking in dealing with this potential issue.

 

Should I try to reach an agreement with them to and settle on a smaller amount? Should I have no interaction with them and take my chances in court since their track record has not been the best? Would bankruptcy be a viable option due to the amount?

 

Is there any steps or things I should be proactively doing in order to best handle this situation? Should I request a proof of debt? Or will this put me on their radar?

 

Any and all help is appreciated and thanks for everything you all are doing to help the little guy!

 

 

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Welcome (again). As you already know, don't speak to them on the phone. Written correspondence only. Don't help them by agreeing or acknowledging that any of their allegations are valid.

With that said, there are many fine people here who can help you defend yourself, gain some leverage, and potentially prevail. Going it alone does require investing a significant amount of time in the process (spread out over many months) though, so you would need to evaluate whether that may or may not be practical for you during the next 12 months or so.

In a high dollar amount case I would want to start by asking @calawyer for recommendations for a good consumer lawyer in my area. I would want to meet with them and discuss the fee structure for representation, so I could better make an informed decision about my strategy.

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Welcome (again). As you already know, don't speak to them on the phone. Written correspondence only. Don't help them by agreeing or acknowledging that any of their allegations are valid.

With that said, there are many fine people here who can help you defend yourself, gain some leverage, and potentially prevail. Going it alone does require investing a significant amount of time in the process (spread out over many months) though, so you would need to evaluate whether that may or may not be practical for you during the next 12 months or so.

In a high dollar amount case I would want to start by asking @calawyer for recommendations for a good consumer lawyer in my area. I would want to meet with them and discuss the fee structure for representation, so I could better make an informed decision about my strategy.

 

Thanks for following my posts over. This sounds like a good starting point in getting in contact with a consumer lawyer on what would be my best strategy. Are most consultations free in regards to such things?

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Thanks for following my posts over. This sounds like a good starting point in getting in contact with a consumer lawyer on what would be my best strategy. Are most consultations free in regards to such things?

 

I would imagine so.

 

Send @calawyer a pm. 

 

The rest of us aren't going anywhere, ha ha.

 

We'll be here if you need us.

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Thanks for following my posts over. This sounds like a good starting point in getting in contact with a consumer lawyer on what would be my best strategy. Are most consultations free in regards to such things?

 

 

Most consultations are free.  Tell me what County you are in and I will try to give you a referral.

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Welp, received my summons July 3rd (happy holiday weekend to me eh?)

 

1.    Who is the named plaintiff in the suit?

 

CACH LLC

2. What is the name of the law firm handling the suit?

 

Mandarich Law Group, LLC 

3. How much are you being sued for?

 

~$15K

4. Who is the original creditor?

 

Bank of America

5. How do you know you are being sued?

 

Received a summons

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

 

Left summons with my father

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?

 

They called me weekly for about 5-6 weeks. One time I picked it up to find out some information about why they were calling and requested they send me whatever the bill was for. They then sent me a threat to sue letter on June 4th. I have not had any other correspondence with them.

 

 do you live in?

 

California, Los Angeles county

10. When is the last time you paid on this account?

 

May 2012

11. What is the SOL on the debt?

 

4 Years

12. What is the status of your case? Suit served? Motions filed?

 

Went online and ROA shows 30 day summons and complaint proof of service is last status.  Case was assigned prior to this.

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?

 

No

15. How long do you have to respond to the suit?

 

30 days, served on July 3rd

 

The Causes of Action are:

 

1.    Breach of Contract

2.    Account Stated

3.    Open Book Account
 

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 included

 

 

What would be my first step? I see people constantly talking about having to file something within 30 days. What exactly am I filing?

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As String suggests, the following topics will be of immediate interest to you: California Civil Limited, Bill of Particulars, General Denial, Verified Complaint, Fee-Wavier.

Answers and advice on many questions you will have can be found by studying the @HomelessInCalifornia thread "Going to trial in California" and the @string thread "Sued by CACH LLC in CA".

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So I was wondering if anyone has any recommendations for a good lawyer with experience with Mandarich Law / Cach LLC? I would like to ultimately talk to someone if possible to see my options. Until I can find a decent lawyer to talk to, should I go ahead and send in a BOP and a General Denial? Or should I wait as that might not be right after the lawyer assesses my situation? Thanks in advance for any help.

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