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Another CACH LLC Suit in CA... Please help in how to answer summons


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This Forum is great and there is a lot of great info!  It's overwhelming for a newbie. I appreciate the help in advance as the clock is ticking to answer this summons!  I searched a lot and don't mean to ask a redundant question, but they all vary a bit.

 

I found other posts that asked for the following information to get some advice started...

 

Also, do I need to get a form from the court to respond?

Do I respond to the 3 causes of action or also to all of the dialog in each?

 

1. Who is the named plaintiff in the suit: CACH LLC

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

3. How much are you being sued for? $12,000

4. Who is the original Creditor? GE

5. How do you know you are being sued? Served

6. How were you served? In Person

7. Was the service legal? Yes

8. What was your correspondence (if any) w ppl suing you before you knew you were being sued? Calls and letters from a few different CAs and law firms.  I did return calls.  Never talked to Cach or Mandarich

9. What State & County? CA, So Cal

10. When is the last time you paid on this account? Jan 2013

11. What is the SOL? 4 yrs

12. What is the status? Suit Served

13. Have you disputed the debt w the credit bureaus & Yes, verbally, but on CR after being served.

14. Did you request debt validation before the suit was filed. No

15. How long do you have to respond? 30 Days (and counting down quickly!)

16. The causes of action are: 1 Breach of Contract 2 Account Stated 3 Open Book Account

17. What evidence did they send w summons?  No evidence.  1. Summons 2 Cover Sheet 3. Cvr sheet Instruc 4 Declaration of Venue 5 ADR Package (alternative dispute resolution info pkg)

 

Any advice on how to start?

 

 

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Suggestions:

 

Be sure to respond to the summons on time.  I'd recommend a general denial (I'd post a link, but having trouble with copy/paste here lately.  The form is PLD-050). 

 

If you haven't already, read up on CA-based threads here, starting with astmedic, and including homelessincalifornia's thread. I went against the same cast of characters that you're up against, so you might want to take a look at my thread as well.

 

Send 'em a BOP; it's an easy way to start finding out what documentation they have; helpful if you have to respond to any discovery from them; gives them something to do, and let's them know this might not be an easy one.

 

Ask more questions; you've come to the right place.

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Make sure your complaint is not verified; which is common with CACH. Look for a page with the word "verification" on top, that goes on to say the plaintiff is not in the county of the lawyers office etc. If it's verified you cannot use the general denial but instead need to use the answer form.

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  • 2 months later...

Wow, thanks for all of the help! The request is not verified, I answered the summons and got the fees waived.  I basically copied 111girls forms as I was not sure what to say.  I haven't sent in the BOP yet.  I copied one from this forum, but haven't been confident enough to send it.  I am not sure what else to request from them.  I am sending in the RFA, Rog, ROD, tomorrow.  I am learning these terms!

 

What else besides BOP should I request from them?

 

Thank you in advance!!

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Wow, thanks for all of the help! The request is not verified, I answered the summons and got the fees waived.  I basically copied 111girls forms as I was not sure what to say.  I haven't sent in the BOP yet.  I copied one from this forum, but haven't been confident enough to send it.  I am not sure what else to request from them.  I am sending in the RFA, Rog, ROD, tomorrow.  I am learning these terms!

 

What else besides BOP should I request from them?

 

Thank you in advance!!

Can I ask how you got the fees waived? Are you not working or on Social Security only?. When I asked I was flat out denied because I was making car payment rent etc, but my expenses were over my income- The judge said to me that you have to practically be destitute to get them waived or living on Social Security.

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Can I ask how you got the fees waived? Are you not working or on Social Security only?. When I asked I was flat out denied because I was making car payment rent etc, but my expenses were over my income- The judge said to me that you have to practically be destitute to get them waived or living on Social Security.

 

Same thing happened to me on my lawsuit. I made rent, car payment, and had a bit for food, but since I wasn't living in my car (or something similarly drastic), they wouldn't give me a fee waiver. The best I could do was to request a payment plan where I could pay over several months.

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I can only speak for Monterey Civil Courthouse's Clerk of the Court, where I files on 10.06.14

There, they have invitingly cordial signs professionally posted every few feet, at eye level, encouraging folk to ask for help if they want to file, but can not afford the filing fee.

I took them at their word, asking the deputy clerk at the Civil Cases window to file my answer though I could not afford the fee.

A wall of ice slammed down between us, figuratively speaking.

The deputy clerk jammed my carefully prepared sets of paperwork back at me, slapped down the 2-sided fee waiver form, said, "You'll need to fill that out", and walked away from her work station / window.

There appeared to be at least 3 options for applying, from what I recall.

The first was for impoverished filers.

The second was for unimpoverished filers with unusual circumstances, e.g., huge medical expenses

The third seemed to be for a payment plan, as I understood it.

Ultimately, it seemed like they wanted a boatload of personal information to waive those $181.00 to file there, so, I left town to visit my bank and returned with the cash, which thawed out the clerk at once.

Now, I am all about getting to the Mandatory Settlement Hearing, (MSH), Thanksgiving Week Monday. It seems _some_ clerks pass you the Notice of Mandatory Settlement Hearing when you file your answer. Monterey waited over a week, then mailed it on 10.16. Point being, there isn't a long wait before it's time to prepare BOP & work on strategies for the MSH, too.

If your court has on online presence, you may wish to peek in once-a-day, to see what, if anything, is updated to your case's public record.

Warmly,

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