newbielitigator

another Cache LLC lawsuit

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Posted 21 July 2005 - 05:22 PM

For everyone that posts here, it will help us out if you can provide the following information: (revised 02-09-2012)

If you are inquiring about a lawsuit in which you are the defendant (ie you are being sued), you need to answer the following questions (as much as possible):


1. Who is the named plaintiff in the suit?
I am
2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.)
Mandarin
3. How much are you being sued for?
16,000
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
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?
They sent notice to a corporate entity I was involved in.
9. What state and county do you live in?
ventura 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)
Over 3 years ago.
11. What is the SOL on the debt? To find out: 
4 years
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).
complaint served, answer filed, Bop sent and answered (with just a bunch of account statements to the corporate entity, none
of which have my name) 
I also just found out that They also attempted to file a default judgement after they were answered. The court rejected it.  
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

16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits.
They sent no evidence with summons.

 

 

My question is this:  All the charges they sent does not have my name on it only the name of the corporate entity.  The corporate entity is defunct.  Former owner has passed away.  They never filed against his estate to try to mitigate their damages.

Now that I sent the BOP and got basically nothing do I do a meet and confer and how on earth do I word the letter?

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Just to be clear, please, when you typed, "I am", as your response to Question 1, below, as to who the plaintiff were, that was meant to be CACH, right? You are not CACH-, or, Mandarich-related, are you?

You did mean 'Mandarich' when typing Mandarin, correct?

There are examples of the letter you seek on this site. Simply type, "[what you seek]" into the search engine, located toward the top right portion of the pages and tah-dah!

Unlike other items, the letter does not need to be stamped, conformed and filed. However, countless have suggested sending _everything_ USPS Certified, Return Receipt Requested. I send everything USPS Priority Mail for under $6.00, cardboard envelope and self-adhering mailing labels and, most importantly, tracking number, included - that is one of many great pointers picked up here, from Case-Winning CIC Member HomelessInCalifornia.

You are doing great! Have you reached out to NACA for a consumer law referral? With your unique circumstances, e.g. long-dead former partner, large balance due, but no claim against that estate, etc, a free sit-down with an expert for an hour kinda-sorta seems like the place for me to be, how about you?

I hope the search gets you going without delay, if that's what you need.

My BEST ADVICE:

Reachout, in alphabetical order, to California CIC Members who are of great help to me,

Anon Amos

CaLawyer

HomelessInCa

SeaDragon

Above all else,

Don't Panic!

Warmly,

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How is it that you were served?  Were you an officer with this defunct corporate entity?  Are you just operating some other business at the same address as the business that is the subject of this lawsuit or are you living in a residence that happens to coincide with the former operational address of the defunct corporate entity?

 

You say an answer was filed.  By whom?  You?  In what capacity?  As an officer or representative of the named defendant?

 

I don't understand your involvement in this case (unless the defunct entity was a sole proprietorship), or why an answer was filed if the business is long gone.

 

I get the impression that you were involved with this former business (perhaps owned it) and if so your case would involve corporate law as to your personal liability, if any.

 

How was the corporation dissolved?  Under bankruptcy?  If so, when was that done, and was the plaintiff a named interest in that bankruptcy?  Were they notified of the bankruptcy?

 

If in whatever fashion this case is either your risk or responsibility, it sounds like key facts have yet to be disclosed and that you should solicit advice from attorneys and members versed in bankruptcy law and/or corporate law as well as civil litigation.

 

I'll second the advice that you reach out directly to @calawyer (our resident California litigator and guru in collections cases) and give him a more detailed picture of your scenario.

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in reply to Homeless in California:

The answer was filed by myself in pro per.

 

The complaint filed named me personally and did not name the corporate entity.

 

In summary of the background for this :

“ABC” Company was a California Corporation established in 2004 and was 100% owned by Joe, a friend of mine.  In 2006-07, I shared office space with ABC and provided some consulting work to them in lieu of paying rent, including helping ABC pay bills and manage some of their finances.  Joe was going through a bitter divorce at the end of 2006 and had personal funds tied up and was unable to get additional credit.  In Late 2006/early 2007 (I’m not sure of exact time) ABC got a credit card offer in the mail from Bank of America. To help with ABC getting some credit, I agreed to have a ABC credit card issued in my name.  This credit card was used for ABC company purchases and for cash advances that were given to Joe.  Joe had online access to the credit card account and Joe/ABC made payments on the credit card account as they were due.In mid-2007, I established a new company XYZ, that purchased some of the assets of In mid-2007, I established a new company XYZ, that purchased some of the assets of ABC.

 

Joe subsequently closed down the office of his company and moved out of state. The department of corporation lists his company as suspended. As far as I know the company was never dissolved.

 

In 2012, Joe passed away.  The last ABC credit card payment was April 2012.  ABC Company credit card statements continued to be sent to Address2.  These credit card statements never contained my name.  I sent these back marked return to sender.

 

In summary I have answered the complaint and sent the BOP.  They sent me the most recent copies of ABC credit card (April-August 2007) statements that were sent to my home address in the name of ABC,  along with a copy of a Bank of America “computer printout” that listed me as the guarantor for the credit card account, (no original signed contract) also the tax I.D. for ABC company and a letter stating that CACH had the right to collect the debt from Bank of America.

I do not know what to do next.....

 

 

 

 

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The strength or weakness of your case will depend on the details of the following:

 

"To help with ABC getting some credit, I agreed to have a ABC credit card issued in my name. "

 

Is this a written agreement?

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That is not the normal way that Credit Card companies operate.

 

But what is your recollection of the verbal agreement?  Who was it with?  Was it recorded?

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Hello Calawyer,

I thought you were asking if I had a written agreement with "Joe" or "ABC Corp.".

 

There was a lot of confusion back then due to Joe's person problems and I do not remember any written agreement.

 

That is why I sent the BOP.

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You said that you agreed to have a card in your name.  So I was wondering if there was an agreement between you and Bank of America.  Somehow, B of A ended up thinking that you were a guarantor. 

 

What does the complaint say about this issue.  Does it allege that you were a guarantor or do they just duck the issue by claiming that you requested and received the credit?

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To Calawyer:

 

The complaint is only against me and my alleged debt.  There is no mention of a guarantor.  They did not name the company in the lawsuit as a defendant.

Frankly, I do not remember whether there was an agreement signed or not.. and would very much like to see evidence of such an agreement.

 

Is there a way to elicit that in my BOP?

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Sounds like  you already sent your BOP.  Wait for a response.  Then you can send some doc requests asking for anything they did not give you.

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In summary I have answered the complaint and sent the BOP.  They sent me the most recent copies of ABC credit card (April-August 2007) statements that were sent to my home address in the name of ABC,  along with a copy of a Bank of America “computer printout” that listed me as the guarantor for the credit card account, (no original signed contract) also the tax I.D. for ABC company and a letter stating that CACH had the right to collect the debt from Bank of America.


I do not know what to do next.....


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As peer-to-peer support for right after the BOP is sent, my mind says (2) concurrent tasks are at-hand.

1.) Awaiting (2) pieces of mail from Plaintiff, both (a.) the green post card from when you sent them the BOP, and, (b.) a series of (3) packets containing questions for you to answer within a set number of days, i.e., 20, or, 30, collectively referred to as, "discovery". It is my understanding that there is a limit to the number, the type, and the composition, e.g.,compound questions, I believe, are not allowed.

2.) Researching and compiling the questions you will best benefit from using your allocation of questions to ask Plaintiff as Defendant's discovery.

ALSO, if you have not already done so, before the events and dates become unwieldy, I very most highly suggest setting up both a binder of each item in chronological order, with dividers so, for example, objections & case law you may need can be stored toward the rear, for ready reference.

ADDITIONALLY, A calendar dedicated to the case, with flow arrows showing start & stop dates for EVERYTHING is crucial. It should, minimally, be checked each morning, for the to-do list of the day, and, nightly, to log the day's incoming mail / start the clock ticking for when to file/mail answers, etc.

FINALLY, this may be an excellent time to ask NACA for a referral, or to reachout to attorneys in your service organizations, etc. The first consultation is usually free, and full of valuable insights from those experienced in this segment of legal practice.

Above all else, do not panic. Keep your wits about you, and keep every piece of paper in order, in your case file/folder/D-ring binder, (my personal preference, in conjuction with 5-tab indices and heavy duty page protectors).

Instead of your usual, I suggest investing time in reading-Reading-READING. There is so much to be grasped and understood and collated into proper position within the prescribed process of The Case!

Sure, watching a movie, enjoying the company of others, quiet time with favorite prose, whatever unwinds you: it's all good, in moderation. But, the focus must turn toward working the case, in my opinion.

One thing is for certain, in my opinion, you will get out of this, like anything else in life, commensurate with what level of investment you dedicate.

I have seen some folk asking to have their work done for them at the 11th hour. To me, that is not-at-all the pathway to success in any case. Best results, to me, seem to come from most attentive preparations.

That is why, while reading up & waiting for the BOP green postcard, I suggest you also work on researching & compiling Defendant's discovery.

NOTE: You may also want to get a Meet and Confer letter drawn up & ready, in the very likely event their response (s) to your BOP are unsatisfying.

There are examples of those on-site.

Warmly,

In summary I have answered the complaint and sent the BOP.  They sent me the most recent copies of ABC credit card (April-August 2007) statements that were sent to my home address in the name of ABC,  along with a copy of a Bank of America “computer printout” that listed me as the guarantor for the credit card account, (no original signed contract) also the tax I.D. for ABC company and a letter stating that CACH had the right to collect the debt from Bank of America.

I do not know what to do next.....

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In reply to Helping Greg,

As I explained I did get their response to the BOP (see my response above)  and it provided nothing.  So I am wondering why do a meet and confer?

Just curious as to why a meet and confer rather than pouncing with interrogatories?

 

Thank you for your help!

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Okay just looked further and see that a meet and confer is required before a motion to compel BOP and that motion may be filed anytime.

So I thought I would leave that on the back burner, so to speak, and send interrogatories.

 

Can you please give me your opinion on this course of action.

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Okay just looked further and see that a meet and confer is required before a motion to compel BOP and that motion may be filed anytime.

So I thought I would leave that on the back burner, so to speak, and send interrogatories.

 

Can you please give me your opinion on this course of action.

 

 

The problem with doing a motion to compel BOP is that many judges have not heard of a BOP and the remedy (preclusion of evidence) seems very harsh to them.  On the other hand, some judges just follow the law, harsh or not, and if they preclude all evidence not furnished in response to the BOP, that is great for the defendant.

 

Whatever you decide, the BOP will help if Plaintiff decides to send you discovery.  In either case, a BOP is definitely worth the cost of a postage stamp.

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Hi am also being sued by CACHE , LLC

 

1. Who is the named plaintiff in the suit?
I am
2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.)
NEUHEUSIEL LAWFIRM , PC
3. How much are you being sued for?
 $1568.37
4. Who is the original creditor? (if not the Plaintiff)
HSBC BANK NEVEDA
5. How do you know you are being sued? (You were served, right?)
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?
They sent notice to a corporate entity I was involved in.
9. What state and county do you live in?
SAN JOAQUINCOUNTY , CA
10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations)
thats$100 in december of 2013 the last CREDIT CARD PAYMENT WAS IN 2012
11. What is the SOL on the debt? To find out: 
4 years
Statute of Limitations on Debts

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

 

-PENDING

13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?)
 
NOPE
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.
NOPEi did with another law firm
16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits.
GENERAL ALLEGATIONS,FIRST CAUSEOF ACTION ,MONEY LENT PAID OR EXPENDED,VERIFICATION

 

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First things first, please, move your case from this person's thread by pasting your initial questionnaire onto your very own thread, (titled, by you, with something descriptive).

This thread is for this person's case, as your thread will be for your case "-)

Life is chaotic enough without jumbled case details, right?

See you in your newly created thread on the PDQ!

Warmly,

@vondutch0481

Hi am also being sued by CACHE , LLC

 

1. Who is the named plaintiff in the suit?

I am

2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.)

NEUHEUSIEL LAWFIRM , PC

3. How much are you being sued for?

 $1568.37

4. Who is the original creditor? (if not the Plaintiff)

HSBC BANK NEVEDA

5. How do you know you are being sued? (You were served, right?)

served

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

in person

7. Was the service legal as required by your state? 

yesProcess 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?

They sent notice to a corporate entity I was involved in.

9. What state and county do you live in?

SAN JOAQUINCOUNTY , CA

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

thats$100 in december of 2013 the last CREDIT CARD PAYMENT WAS IN 2012

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

4 yearsStatute of Limitations on Debts

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

 

-PENDING

13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?)

 

NOPE

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.

NOPEi did with another law firm

16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits.

GENERAL ALLEGATIONS,FIRST CAUSEOF ACTION ,MONEY LENT PAID OR EXPENDED,VERIFICATION

Hi am also being sued by CACHE , LLC

 

1. Who is the named plaintiff in the suit?

I am

2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.)

NEUHEUSIEL LAWFIRM , PC

3. How much are you being sued for?

 $1568.37

4. Who is the original creditor? (if not the Plaintiff)

HSBC BANK NEVEDA

5. How do you know you are being sued? (You were served, right?)

served

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

in person

7. Was the service legal as required by your state? 

yesProcess 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?

They sent notice to a corporate entity I was involved in.

9. What state and county do you live in?

SAN JOAQUINCOUNTY , CA

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

thats$100 in december of 2013 the last CREDIT CARD PAYMENT WAS IN 2012

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

4 yearsStatute of Limitations on Debts

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

 

-PENDING

13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?)

 

NOPE

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.

NOPEi did with another law firm

16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits.

GENERAL ALLEGATIONS,FIRST CAUSEOF ACTION ,MONEY LENT PAID OR EXPENDED,VERIFICATION

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Right you are! The same can be said for most all Defendants' responses received from the BOPs sent to Plaintiffs serving Junk Debt Buyers, (JDB). I, too, recently received a laughable packet of over 100 unresponsive pages as Plaintiff's "response" to my attentively crafted BOP. 98% of those pages were photocopies of 2- to 5-paged old alleged credit card statements, and 1 page of most was a generic informational insert, and another full page of most was a blank pagemwith a quarter-inch square black "dot" upon it, and that was all uponmeach of those many pages! Amazing waste of resources!

Pathetic sideways glimpse into just how unfounded their allegations truly are!

Anyway!

My Best Peer-to-Peer Advice is,

Legend has it, Judge values Defendant sending out a letter extending a second opportunity for Plaintiff to respond to Defendant's BOP before Defendant brings Motion to Compel before Judge.

What the heck? Play nice.

Send the 2nd opportunity letter.

Thete is a glorious one I just read a moment ago. Let me go get it for you. No sense reinventing the wheel, as it were!

Be Right Back! (BRB)

Warmly,

In reply to Helping Greg,

As I explained I did get their response to the BOP (see my response above)  and it provided nothing.  So I am wondering why do a meet and confer?

Just curious as to why a meet and confer rather than pouncing with interrogatories?

 

Thank you for your help!

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Good golly! Took me _forever_ because it was in the last place I looked! LOL!

Unedited and courtesy of a private paste to me, earlier, from the VICTORIOUS helpme I now paste to you!

[bEGIN PASTE OF PM COPY FROM helpme HERE]

I would also suggest looking for the 2013 California Jury Instructions online (google it) and lookup the causes of action that are files against you and see what the Plaintiff has to prove not WHAT YOU HAVE TO PROVE. For #3 lookup the member's thread: 1111girl is her name as well as momof3 or momof5.

Here's some info for #2:

"On ____, Defendant served its request for a Bill of Particulars on Plaintiff. Pursuant to CCP section 454, Plaintiff has ten days to respond or it will "be precluded from giving evidence thereof." As described below, plaintiffs’ response is entirely deficient.

As a preliminary matter, plaintiff’s objection to Defendant’s Bill of Particulars is not well taken. Plaintiff has alleged a cause of action for Open Book Account. A Bill of Particulars is appropriate under this legal theory as plaintiff concedes in ultimately responding.

The response served, however is not sufficient. Plaintiff has not provided an itemization of the account showing all charges and credits thereto. It has not provided the underlying contract referred to in the complaint. Nor has it provided any contract of assignment of the claim at issue in this litigation. Such basic information is required to prove plaintiff’s claim. Plaintiff should have such information readily at hand. If not, it is difficult to understand how plaintiff acquired a good faith basis to file the lawsuit. Indeed, the only account statements plaintiff has provided demonstrate full payment of the amounts requested.

Please serve a full response on or before [insert date 10 days from date of letter]. If Plaintiff fails to do so, Defendant will move the Court for an order requiring a further response or, in the alternative, an order precluding Plaintiff from offering any such evidence at trial. " 

 

 Personally, I wouldn't deny an extension altogether. Judges hate that. But here, the statute says that plaintiff must respond in 10 days and provides serious penalties if plaintiff does not do so. It is arrogant for the plaintiff to tell you it "typically takes 45 days."

You might say something like : In your letter, you state that you do not possess responsive documents and it generally takes 45 days to obtain them. In defendant's view, plaintiff should have had the documents in hand at the time it filed the complaint. Moreover, the Code provides serious consequences if the documents are not provided in 10 days and, as of the date of this letter, plaintiff has already had ____ days to respond. Nonetheless, in the spirit of cooperation, defendant will not seek relief from the Court provided that a response is received on or before ____. 

 

Hope this helps for now.

 

Good golly! Took me _forever_ because it was in the last place I looked! LOL!

Unedited and courtesy of a private paste to me, earlier, from the VICTORIOUS helpme I now paste to you,

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Okay they responded to the BOP with the exact same thing as the verification of debt. (we called the attorney when we got the lawsuit-they never called us back and sent the same thing as they did for the BOP),  I have waited .. just recently got a notice from the court that we have a Mandatory Appearance Case Management Conference .  

 

After seeing that I sent a meet and confer letter for the first BOP.  Please note The bop contained a list of statements all made out to a corporation now defunct , nothing with defendants name on it.  They did send the contract assigning the debt to Cach.

 

I am not quite sure how to proceed.

 First, I have written a motion to compel Bop. Should I file?

Second,  I am really unsure how to fill out the case management statement.

Third, I received this sweetly signed letter stating that I needed to call the Plaintiffs according to the court rules. 

 

Thank you for any advice you may give!

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Update:

Interrogatories, Request for Admissions and Request for Production sent by Cach -Answered by Defendant

BOP meet and confer demand letter sent twice

Court ordered Case Management Conference

Case management statement filed by Defendant timely (Cach never filed)

Cach filed motion for dismissal w/out prejudice

Case dismissed w/out prejudice  :yahoo: 

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