vondutch0481

i need some legal advice, being sued by CACHE

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Thank you @ ANON AMOS

 

You do have a valid arguement there, i said the same thing , " how can i damage plantiff's damages , i know CACH is not the ORIGINAL CREDITOR. CACH buys debt from the original creditor to make profit??

 

Response: Plaintiff alleges in it's complaint that defendant became indebted to OC and failed to make payments therefor damaging OC. Plaintiff alleges an assignment to the debt and would not have been damaged. If plaintiff purchased the debt in attempts to profit then it would have caused it's own damage.

 

I would answer it with something like that if it were mine.

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no i haven't what is that ? and is it to late to send it ?

Bill of Particulars to request documents on your account they have.

http://www.creditinfocenter.com/legal/bill-of-particulars.shtml

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i replied to CACH'LLC attorneys , i replied to the follwing

 

1. Integarattory form

2. Request for admission

3. Request of documentation

 

 

i Recieved a letter today from the law firm the following

 

 

 

 

Dear .....

This office has been retained CACH. LLC in connection with your above reference credit card account and pending law suit.

 

Because you filed an answer to our complaint against you , the court will hold a trial in this case . at the trial the court will decide if you owe our client the amount set forth in the complaint. in addition the court ordinarilly adds prejudgement interest at the rate of 10% annually to the amount set forth in the complaint. Our firm tries many of these cases each year and successfully obtains a judgement in our client's favor a substantial majority of the time.

 

Rather than proceed with the trial , we are offering you a proposed repayment plan . the repayment plan offers you several benefits .First the amount we are proposing you repay does not include the prejudgement interest, which can save you significant amount. second the repayment plan allows you to pay overtime without any additional accured interest. third if you agree to the repayment plan we will not levy your bank account or garnish your wages . if we get a judgement at the trial we are entitled to do those things.

 

The repayment plan is set forth in the enclosed stipulation for the entry judgement upon default.  If you choose to accept the repayment plan please sign the stipulation and return it with our first payment no later than march 25,2015 . If you would like to discuss the terms of the stipulation do not hesitate to contact us . until we hear from you or recieve the stipulation and payment as directed . we will proceed with the lawsuit and any upcoming trial.

 

 

Very yours truly ,

 

Neuheisel law firm

 

 

**************************************

OK SO WHAT DO YOU GUYS RECOMMEND TO DO PROCEED WITH LAWSUIT OR DO A REPAYMENT ? I MEAN I HAVE THE ATTATCHED STIIPULATION BUT NO PROOF OF SERVICE SO IM GUESSING THEY ARE DOING THIS OFF THE BOOKS ? ARE THEY TRYING TO SCARE ME ?

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I got too- I am not falling for it --will go to trial .No proof of service for me as well. Looks like they are seeing how stupid we are and scared to go to trial. Last ditch effort.  Every ones case is different though.

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I would want to see the #'s backing their claim of a substantial win rate. Maybe a meet and confer letter is on order.

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I would consult on Anon Amos on that but a BOP lets you know what they got and plan to present at trial and that can be what you use against them  - Consult with  Anon Amos he is the expert on that  - I would start with the meet and confer as suggested.

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My point was that they lose more cases that actually go to trial then they win. No need for a meet and confer letter.

There's probably time to demand a BOP, but when is the trial date?

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@vondutch0481 a BOP can be requested at any time, so send one out ASAP.

Did you answer the doc requests and Rogs? When are they due if you haven't? There are a lot of examples on how to answer them posted in various threads, post your answers before you send them if you haven't sent them already and we can fine tune your answers. Look in astmedic's medics thread, homeless in ca thread for examples

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 I think it has been suggested in several posts that you send a BOP. have you done that yet? have you served any request for documentation?

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you are roughly 60 day away from trial. somewhere between day 45-30 days left you will receive a CCP 98 in lieu of testimony. read homelessincalfirnia threat and you will know what to expect next and how to proceed.

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Ok so my court is on May 11 , I haven't recieved any other documents yet ever since the last one about wanting to settle off the books . And I never replied to their request to settle if I pay full amount with all the lawyer fees .... Does anyone know what happens next . What should I expect in court ? Any suggestions what to say in court ??

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You do not  have to and should not respond to that settlement letter if you are planning to go to court and prove your case. 

 

Don't worry about that letter, I got one as well and did not respond. It's not required. Its a last ditch effort from them to get you to settle before trial for a lesser amount cause they are scared you may win and not get anything. Sometimes when you get to court  they will take you to a little room on the side of the court to speak with you and offer to settle before you are called to go in front of the judge. . It's up to you, but in my case I said no, let's let the judge decide.

 

When you are in court you need to object to any of the  bill of sales, affidavidts and things they are giving you that they think are allowing them to prove their case.  Usually what they have given you in  discovery. These things they use are what they try to get as proof that they own the debt such as bill of sale. affidavidts etc. I have to look again at your issues and why you were sued, but to be better prepared for trial, send the BOP if you have not already. This prepares you for what they have to present in trial as they have to respond with something.

 

Remember everything sent Certified Mail Return Receipt and staple these to you copies you send so you don't get confused. I would write on the green receipt sent from the post office for example , Bill of Particulars with a date. That way when you  get it back you  know what it is for that you  sent out to them and then staple it to your  copies.

 

Proofread everything sent out for errors in dates etc. Don't rush, relax and go slow- it will all be ok if you stay calm and organized.

 

Work off your trial brief and keep it in front of you, make  notes on it for your objections and have your case laws and rules printed out so you can refer to them quickly for objections.

 

Keep it simple and organized a week before  and you won't get overwhelmed.

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To late for you to do any discovery, but your courtdate is roughly 45 days out. So you need to send them a CCP96 request. They will send you everything they plan to use against you at trial, and you can work on how to dispute it.  There is a link to that form in ASTmedic's thread pinned at the top.

they will also send you a CCP98 affidavidt in leiu, which you will want to subpoena that person 20 days before trial.

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Today i Received a case Management Statement (CM 110) from the Law firm , Do i need to respond to anything ? And their Proof of service is attached signed BUT THERE IS NO STAMP ON THE FORM , is this a validate form ?

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Check the court's website in your case and look at the docket.  Is your May 11 court date a case management conference or is it a trial?

 

CM 110 is for Case management conferences.  If that is the hearing on May 11, you should fill one out as well.  You will file it with the court and serve on Plaintiff's lawyer.

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