vondutch0481

i need some legal advice, being sued by CACHE

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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? 
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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First, have you filed your answer with Clerk of the Court, yet?

What precise date were you served?

The 30-day clock starts ticking upon service in-person, as you indicate, above.

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Start reading threads by astmedic' (pinned at the top of this forum) , homeless in California, and string. They are all from California and have won their suits. It will help you get a better understanding of what to do. Then come back with questions. As helping grew said we need to make sure you get your answer in on time, then the battle begins.

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HI greg , i got served november 17 , 2014 .  I am filling out the forms : PLD-50GEneral DEnial i was told to list legal deffensive on my general denial .I have consulted an attorny for a free 15 mins consulation he gave me as much info as he can in such little time . He also stated that when i fill out the form POS-30 that the trick here is to have someone who is over 18 to sign the POS-30 form . if i remember clearly that he stated something like that .

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11.17.14 your were served in-person, got it!

Please, when you type, "legal defensive", do you mean to write, "affirmative defenses", perhaps?

Could you, please, check your 15-minute meeting notes, or, blast a quick email, or voicemail, to that attorney, confirming the terminology for the advice given to you?

Usually, it is General Denial, used for answering. On verified complaints ... IS your complaint verified?... No need added more steps than those needed, right? "-)

[bEGIN EDIT HERE] I just scrolled up after posting and see it appears this is a verified debt, (does NOT mean you for-sure owe it, OK?). So, a special response is required for verified debts.

I am sure one of the many well-versed members here will deliver an example to you, or a link to go see one (or more) for yourself. Just send out a request with an @ preface to the member name, e.g., @string @HomelessInCa @Seadragon @ASTMedic @Ceruelan @Helping Greg @calawyer @helpme you get the idea. [END EDIT HERE]

What were your complaints? For example, Breach of Contract, with or without others listed on the complaint.

There are approaches to answering each type of complaint. Which are yours?

Warmly,

HI greg , i got served november 17 , 2014 . I am filling out the forms : PLD-50GEneral DEnial i was told to list legal deffensive on my general denial .I have consulted an attorny for a free 15 mins consulation he gave me as much info as he can in such little time . He also stated that when i fill out the form POS-30 that the trick here is to have someone who is over 18 to sign the POS-30 form . if i remember clearly that he stated something like that .

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 I just scrolled up after posting and see it appears this is a verified debt, (does NOT mean you for-sure owe it, OK?). So, a special response is required for verified debts.

 

That verification is likely re venue, but OP should clarify whether or not it's a verified complaint (as opposed to just venue verification).

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That verification is likely re venue, but OP should clarify whether or not it's a verified complaint (as opposed to just venue verification).

@vondutch0481

Would it be possible for you to make a photocopy of your paperwork, use a black Sharpie, or, Marks-a-Lot to redact identifying particulars, such as name, address, case & account numbers, and upload the rest for referral by those on-site who readily comprehend the nuances of each case and can shoot you off a speedy response.

Just a friendly request. No pressure.

It may make things easier for everyone.

Warmly,

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Now we must look into affirmative defenses, as you are generally denying, How can you assert any? maybe there is one what was the date the last payment was made, 30 days after that is the date of first delinquency which statute of limitations starts. In cali it is 4 yrs.

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@vondutch0481@Seadragon

Just because I am up, going out of my mind, knowing I need all my ducks in a row before we leave for the hearing, I will fidget by pasting the following copy & paste in hopes of nudging VonDutch0481's progress with SeaDragon along a touch quicker while the sane get their rest and I just keep staying on-site until I fall asleep midsentence, again...

[bEGIN COPY & PASTE OF PERTINENT PORTION OF VONDUTCH0481'S QUESTIONNAIRE HERE]

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?

[END COPY & PASTE HERE]

Warmly, (and currently super-neurotically)

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Well there is a loop hole here . the Best buy credit card was the one i owed too , fast forward they sold the debt to a debt collecter im guessing cach is the current one who owns it. In DECEMBER 2013 i contacted another LAW FIRM NOT THE ONE THAT IS SUEING ME. i arranged a payment plan but nothing on paper no contract with this lawfirm . but they said they never got the check , so then they harrased me and i got upset. This law firm was in florida , BUT THE LAWFIRM THAT IS SUEING ME NOW IS IN SACRAMENTO I NEVER HEARD FROM THEM . i never spoke to anyone in that office. so what i was told is that the lawfirm that i paid one payment too has no record that we had a contract that i would set up payments directly too them my question is ...can CACH use that against me in court?

i believe the last payment i made to the orignal creditor was in 2012

 

Now we must look into affirmative defenses, as you are generally denying, How can you assert any? maybe there is one what was the date the last payment was made, 30 days after that is the date of first delinquency which statute of limitations starts. In cali it is 4 yrs.

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Now we must look into affirmative defenses, as you are generally denying, How can you assert any? maybe there is one what was the date the last payment was made, 30 days after that is the date of first delinquency which statute of limitations starts. In cali it is 4 yrs.

last payment to orginal creditor was 2012 i believe ,,i have to do some digging back tracking

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What about that talk on-site earlier tonight of SOL starting 30 days after last PURCHASE, (not payment)?

I have a request in for the citation on that one. Will update here where the citation is forthcoming.

Warmly,

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OK!

@Seadragon was at this link, referred to above.

Please read Page 2.

It is where I requested that SOL starts 30 days after most recent purchase citation.

CLICK!

http://www.creditinfocenter.com/community/topic/324987-fighting-a-lawsuit-filed-by-persolve/?view=getnewpost

What about that talk on-site earlier tonight of SOL starting 30 days after last PURCHASE, (not payment)?

I have a request in for the citation on that one. Will update here where the citation is forthcoming.

Warmly,

[bEGIN COPIED & PASTED TEXT FROM THAT LINK'S PAGE HERE]

kawikaweston, on 20 Nov 2014 - 08:50 AM, said:

Here is my defense regarding the Third Cause of Action ... Am I on the right track? What do I do with this now? File an objection; wait until trial ... 

 

THIRD CAUSE OF ACTION (Account Stated Against All Defendants)

 

Affirmative Defense - Defendant alleges that the claim of Plaintiff is barred pursuant to the applicable statute of limitations California Code of Civil Procedure, Section 337. the Code states “Within four years …”.

 

Under the provisions of California Code of Civl Procedure, Section 337. 2. (3), the Code states “…however, that where an account stated is based upon an account of one item, the time shall begin to run from the date of said item, and where an account stated is based upon an account of more than one time, the time shall begin to run from the date of the last item.”

 

According to Number 16 in the Plaintiff’s Complaint “No part of said sum has been paid since on or about August 31, 2010, although demand for full payment has been made.” The Defendant argues that if there was an alleged debt with WELLS FARGO (alleged “Original Creditor”) and the Defendant allegedly defaulted with WELLS FARGO (alleged “Original Creditor”), this Defendant argues that at the very least, the last item would have been allegedly purchased at least 30 days before a demand for full payment was requested as most contracts will give a purchaser at least 30 days to pay with some contracts allowing a grace period. With that said, the above-mentioned Code states “… more than one time, the time shall begin to run from the date of the last item.” The last item would have allegedly been purchased on or about July 31, 2010. The Plaintiff filed the Complaint on August 28, 2014 which is after the the four year Statute of Limitations.

Not ambiguous enough. After made" try putting plaintiffs miscalculate the date of first delinquency for an account stated cause of action which begins the date of last purchase. On information and belief, that date is 30 days before August 31st which makes the complaint time barred.

 

You see the other stuff opens too many doors for the court to rule you have information.

[END COPIED & PASTED TEXT FROM THAT LINK HERE]

Warmly,

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"Examples"? Yes.

When a buffet advertises, they list American, Asian, Italian, Mexican as examples to put on your plate.

It does not mean we must have some of it all.

It does not mean we must eat there at all.

Let's see what folk opine after a look at your uploaded paperwork. BRB

Warmly,

Like SOL , UNCLEAN HANDS , and  plantiff does not have standing , he told me those are examples to put in my denial

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Page 3 of 6, bottom of page - True, or blustering?

Page 4 of 6, #10 - Is this the $100.00 December payment you mentioned in your case's thread-opening questionnaire? If so, does that re-set the SOL?

In any regard, they claim the same highground as always, but let's see them prove it.

Since SOL is encompassed within the General Denial, were it my case, I would run with that, perhaps tossing in SOL & LOS for habitual reasons.

If you are on the edge, query @HomelessInCa @Seadragon @string @ASTMedic @calawyer and decide from there.

Go on and make your template for Proof of Service and the Numbered Pleading paper while you decide.

As a matter of fact, you can go on and type out your answer of General Denial, and have it ready to print as - is, or with any added Affirmative Defenses, should you decide to tack them on - they go on the same sheet as the 1-paged General Denial, you know.

Easy-peasy! No worries!

It's been rumble-rumble thunder claps and lightening flashes for over an hour now. I am going outside to give thanks, breathe in cool, moist air and luxuriate in the glorious sensations of misty cool air against my skin! Back in a bit. This is a real & rare treasure not to be missed!

Warmly,

[EDIT] I overlooked mentioning the Verification is, as earlier supposed, limited to venue.

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The thing is the payment i made in december was to another law firm . We never had a written agreement everything was via phone .....i dont know if it was recorded to be honest. Another law firm was contacting me in 2013 , Do you think they will use that against me in court. You see i never signed a contract stating i will make payments ...  i think #10 does correlate with the 100$ but you see they are not specific on documents. The thing i dont get is why sue someone who only owes $1,500 in debt ? when they have to pay for atorney fees .  i own nothing no property no house no car. I pay for rent and  other bills and have a job but only making enough to get by .

 

How do i make a number pleaded paper?

 

 

 

Page 3 of 6, bottom of page - True, or blustering?

Page 4 of 6, #10 - Is this the $100.00 December payment you mentioned in your case's thread-opening questionnaire? If so, does that re-set the SOL?

In any regard, they claim the same highground as always, but let's see them prove it.

Since SOL is encompassed within the General Denial, were it my case, I would run with that, perhaps tossing in SOL & LOS for habitual reasons.

If you are on the edge, query @HomelessInCa @Seadragon @string @ASTMedic @calawyer and decide from there.

Go on and make your template for Proof of Service and the Numbered Pleading paper while you decide.
As a matter of fact, you can go on and type out your answer of General Denial, and have it ready to print as - is, or with any added Affirmative Defenses, should you decide to tack them on - they go on the same sheet as the 1-paged General Denial, you know.

Easy-peasy! No worries!

It's been rumble-rumble thunder claps and lightening flashes for over an hour now. I am going outside to give thanks, breathe in cool, moist air and luxuriate in the glorious sensations of misty cool air against my skin! Back in a bit. This is a real & rare treasure not to be missed!

Warmly,

[EDIT] I overlooked mentioning the Verification is, as earlier supposed, limited to venue.

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As Shellieh98 suggested, you should read some CA threads to get a feel for the process.

 

In addition, I would:

 

- send them a BOP now (there are several examples posted, including one here: http://www.creditinfocenter.com/community/topic/319956-sued-by-cach-llc-in-ca-update-i-win-its-over/?p=1295253) - they'll likely respond that it doesn't apply to an account stated, but send it anyway.

 

- sort out whether there are any affirmative defenses you want to list in your general denial

 

- read and/or re-read more CA threads

 

- determine whether you can get a cross-complaint in 

 

- file/serve general denial (and cross complaint, if you have one), with POS.  ON TIME (a little early).

 

 

The thing i dont get is why sue someone who only owes $1,500 in debt ? when they have to pay for atorney fees .  i own nothing no property no house no car. I pay for rent and  other bills and have a job but only making enough to get by .

 

They'd be happy to get a judgment now, and wait until you're able to pay.

 

 

How do i make a number pleaded paper?

 

You can google "pleading paper" to get a template.

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i been thru with the exact same lawfirm and jdb, dissmissed w. prejudice. I had a lawyer help me out and was worth it just to ease the stress of it all. I can dig up all my paper works and try to help out.

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i cant afford a lawyer and i checked my county for any probono consumer lawyers nothing :waah: . yes i would appreciate some help . i need it . so it was dismissed ? that was fortunate . I am doing everything i can i am still in school and stressing about this whole thing .

 

@mrdwop

 

i been thru with the exact same lawfirm and jdb, dissmissed w. prejudice. I had a lawyer help me out and was worth it just to ease the stress of it all. I can dig up all my paper works and try to help out.

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