Need help fighting CACH LLC. C/O Joe Pezzuto Arizona

[seekinghelp4me]

Can anyone help me fight this? PLEASE!!!

 

1. Who is the named plaintiff in the suit? CACH LLC C/O Law Office of Joe Pezzuto, LLC

2. What is the name of the law firm handling the suit? Law Office of Joe Pezzuto, LLC

3. How much are you being sued for? $5500

4. Who is the original creditor? Capital one National Association

5. How do you know you are being sued? Served with complaint and Summons

6. How were you served? In person at home. Knocked on door and I answered.

7. Was the service legal as required by your state? I do not know

8. What was your correspondence (if any) with the people suing you before you think you were being sued? I do not ever remember talking with or receiving anything from them.

9. What state and county do you live in? Arizona, Pinal

10. When is the last time you paid on this account? Around September 2012

11. What is the SOL on the debt? 6 years on credit cards 
 

12. What is the status of your case? Suit served? Motions filed? Summons and Complaint filed. I then filed Answer to complaint. Plaintiff then sent me Requests for admission of facts and non-uniform interrogatories and Dis closure Statement.

13. Have you disputed the debt with the credit bureaus? Yes

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

15. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit? 

             I filed a answer onctime. I have until January 19th 2015 to respond to Requests for Admission and Non Uniform Interrogatories. The court does not show Requests for Admission of Fact and Non Uniform interrogatories or Disclosure Statement filed yet.
 

16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. In the Complaint filed there was a Account Statement (titled EXHIBIT "A") dated March 9th 2013 to April 7th 2013 with a due date of May 2nd 2013. There was also a AFFIDAVIT of ASSIGNMENT. In the Disclosure Statement there is a photo copy of a Terms and Conditions and Best Buy Credit Card application that was not signed (titled EXHIBIT "A"), a AFFIDAVIT OF ASSIGNMENT (same as the one in the Complaint) (titled EXHIBIT "B"), a Account Statement (same as the one from Complaint that was titled EXHIBIT "A") ( titled EXHIBIT "C"), a ACCOUNT Information Report (titled EXHIBIT "D"), a Forward Flow Receivable Sale Agreement dated 04/01/2013 BILL OF SALE (titled EXHIBIT "E"), and a Redacted Account List (titled EXHIBIT "E")

[seekinghelp4me]

I also noticed that the interest rate on the "ACCOUNT STATEMENT (EXHIBIT "C") is different from the one in the TERM AND CONDITIONS (EXHIBIT "A").   

 

 nevermind I read it over and over again.

[HelpingGreg]

@BV80

@GDayMateAZ

if I am not mistaken, are in Arizona, yes?

You have a well-started thread here, I must say!

You are well on your way toward success with such following of direction / instruction and attention to details uploaded.

Many experienced peers and professional NACA attorneys are on-site, ready to help you answer questions with links, copies of documents and anecdotal posts / responses to your queries here.

I can't imagine being in better company during these times, 24 / 7.

May victory be yours, whatever victory looks like to you.

Warmly,

[Goody_Ouchless]

I'm assuming that this is your account, or are your in the .01% where they have the wrong person?

 

Yours is a tough amount. Settlement offers will probably start around 3K. A lawyer could probably get a better deal, but after adding legal fees it might be a wash.

 

Is there an arbitration clause in the contract they sent?

 

CACH is one of the weaker JDB's, so it follows that the evidence they sent in the complaint is all they have, although it sounds like quite a bit.

[seekinghelp4me]

I'm assuming that this is your account, or are your in the .01% where they have the wrong person?

 

Yours is a tough amount. Settlement offers will probably start around 3K. A lawyer could probably get a better deal, but after adding legal fees it might be a wash.

 

Is there an arbitration clause in the contract they sent?

 

CACH is one of the weaker JDB's, so it follows that the evidence they sent in the complaint is all they have, although it sounds like quite a bit.

 

There is something about arbitration in the terms they sent.

[Harry Seaward]

Can you post the text of the complaint and then redact and upload the evidence they included with the complaint?  No one can accurately predict your success, especially without seeing what they have presented so to date.

 

 

Arizona Justice Courts are a tough slog.  Many JPs aren't interested in your arguments about the plaintiff's evidence and appellate courts don't like disturbing trial court's determinations on evidence.  If the evidence has your name, address and SSN on it, and is accompanied by an affidavit that links the OCs records to the JDB, you should plan to lose in trial court.  If you can show (or even swear to in an affidavit) that you disputed it, you may have some luck in getting past summary judgment.  Otherwise, if you're going to fight this, you are looking at 12-18 months of trial court litigation and then probably a loss on summary judgment.  If you want to appeal you're looking at another ~6 months and depending on how you prepared your case in trial court, you could potentially lose there as well.