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Being Sued by Cach LLC (Neiheisel Law Firm, PC)


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1. Who is the named plaintiff in the suit?
CACH, LLC
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?
$5025.74 ; attorney fees; costs of suit; further relief that the Court may deem just and proper
4. Who is the original creditor? (if not the Plaintiff)
FIA Card Services
5. How do you know you are being sued? (You were served, right?)
Server
6. How were you served? (Mail, In person, Notice on door)
In person, to someone other than me (I do not live there, only receive mail), also mailed
7. Was the service legal as required by your state?  Process Service Requirements by State - Summons Complaint

Yes
8. What was your correspondence (if any) with the people suing you before you think you were being sued?
None. If they sent notice, I never received it.
9. What state and county do you live in?
California - Orange County
10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations)
Not sure when the last payment was. Account was charged off September 30th, 2010, so well before that I believe.
11. What is the SOL on the debt? To find out: Statute of Limitations on Debts
4 years
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?)
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.
There is: General Allegations, First Cause of Action: Account Stated, Second Cause of Action: Money Lent Paid or Expended, Verification, Civil Case Cover Sheet, Declaration of Plaintiff in Support of Default Judgement and Unavailability of Original Agreement Pursuant to CCP 585 and Order to Accept Copies in Lieu of Originals (nothing is actually signed or dated on this sheet), Affidavit of Sale and Certification of Debt, & an ADR package

 

I've been really sick the last month, can barely make it in to work. The papers were served on January 2nd, and I'm going to the PO to have my bf mail the paperwork to Neiheisel certified mail, and then the court to file today. I need to know if I should file a General Denial (PLD-05), the Answer to Complaint (PLD-C-010) & what would my affirmative defense be, or a Demurrer (sp?) as the account was charged off 09/30/10, documentation was signed 8/11/14, and paperwork was filed 10/07/14 (does it count as falling outside of the SOL?) 

 

I will be bringing two copies of each response document and POS for filing today.

 

Any info would be greatly appreciated.

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1. Who is the named plaintiff in the suit?
CACH, LLC
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?
$5025.74 ; attorney fees; costs of suit; further relief that the Court may deem just and proper
4. Who is the original creditor? (if not the Plaintiff)
FIA Card Services
5. How do you know you are being sued? (You were served, right?)
Server
6. How were you served? (Mail, In person, Notice on door)
In person, to someone other than me (I do not live there, only receive mail), also mailed
7. Was the service legal as required by your state?  Process Service Requirements by State - Summons Complaint

Yes
8. What was your correspondence (if any) with the people suing you before you think you were being sued?
None. If they sent notice, I never received it.
9. What state and county do you live in?
California - Orange County
10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations)
Not sure when the last payment was. Account was charged off September 30th, 2010, so well before that I believe.
11. What is the SOL on the debt? To find out: Statute of Limitations on Debts
4 years
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?)
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.
There is: General Allegations, First Cause of Action: Account Stated, Second Cause of Action: Money Lent Paid or Expended, Verification, Civil Case Cover Sheet, Declaration of Plaintiff in Support of Default Judgement and Unavailability of Original Agreement Pursuant to CCP 585 and Order to Accept Copies in Lieu of Originals (nothing is actually signed or dated on this sheet), Affidavit of Sale and Certification of Debt, & an ADR package

 

I've been really sick the last month, can barely make it in to work. The papers were served on January 2nd, and I'm going to the PO to have my bf mail the paperwork to Neiheisel certified mail, and then the court to file today. I need to know if I should file a General Denial (PLD-05), the Answer to Complaint (PLD-C-010) & what would my affirmative defense be, or a Demurrer (sp?) as the account was charged off 09/30/10, documentation was signed 8/11/14, and paperwork was filed 10/07/14 (does it count as falling outside of the SOL?) 

 

I will be bringing two copies of each response document and POS for filing today.

 

Any info would be greatly appreciated.

 

if the complaint is not verified, a simple general denial will suffice. you know it is verified if anywhere on the complaint the lawyer states that the information In the complaint is true. or so forth. if there is no indication of that, file a general denial.

 

are you completely sure the account was charged off on 9/30/2010? did you at any point make any payments on it to a debt collector or anyone?

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if the complaint is not verified, a simple general denial will suffice. you know it is verified if anywhere on the complaint the lawyer states that the information In the complaint is true. or so forth. if there is no indication of that, file a general denial.

 

are you completely sure the account was charged off on 9/30/2010? did you at any point make any payments on it to a debt collector or anyone?

There is an entire document of verification:

 

VERIFICATION

 

I, the undersigned Attorney, declare as follows:

I am an attorney at law duly admitted and licensed to practice in the state courts of California and I have my professional office at xxxxx Sacramento, Sacramento County, CA. 

I am the attorney of record for Plaintiff in the above entitled matter.

Said Plaintiff is absent from the county in which I have my office and for that reason I am making this verification on its behalf.

I have read the foregoing documents and know the contents thereof.

Based on the business records of Plaintiff and my review of available factual information, venue lies properly with this court because (i) Defendant lives in this judicial district at the time this action is commenced. (ii) Defendant lived in this judicial district when the contract was entered into; or (iii) the contract was in fact signed by the Defendant in this judicial distric.

I declare under penalty of perjury under the laws of the state of California that the foregoing is true and correct.

Executed on August 11, 2014 at Sacramento, California.

 

 

As for the charge off date, I know for certain that no payments have been made after the charge-off date, which was listed on the Declaration of Plaintiff in Support of Default Judgement and also on the Affidavit.

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That's the declaration of venue. most likely the complaint is not verified. most complaints are not.

 

the way you are portraying it sounds like the alleged debt out of the SOL. what I would do in your case, I would file my general denial and affirm SOL as affirmative defense. a fast way to find out would be with your credit report and see when the last payment was made to the alleged debt. SOL starts to run out from the moment last payment was defaulted.

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There is an entire document of verification:

 

VERIFICATION

 

I, the undersigned Attorney, declare as follows:

I am an attorney at law duly admitted and licensed to practice in the state courts of California and I have my professional office at xxxxx Sacramento, Sacramento County, CA. 

I am the attorney of record for Plaintiff in the above entitled matter.

Said Plaintiff is absent from the county in which I have my office and for that reason I am making this verification on its behalf.

I have read the foregoing documents and know the contents thereof.

Based on the business records of Plaintiff and my review of available factual information, venue lies properly with this court because (i) Defendant lives in this judicial district at the time this action is commenced. (ii) Defendant lived in this judicial district when the contract was entered into; or (iii) the contract was in fact signed by the Defendant in this judicial distric.

I declare under penalty of perjury under the laws of the state of California that the foregoing is true and correct.

Executed on August 11, 2014 at Sacramento, California.

 

 

 

If it were mine I would consider this verified and use the answer form just to be safe. They may have declared the venue as well, to throw you off, but all of the required language to be verified is in this verification, including the word "verification" as the title  (see the bold and underlined).

CACH is very sneaking and does this often. They are one of the very few who ever file verified complaints.

 

However, as Sadinca stated it is supposed to say he knows the contents "to be true", and this one does not say that, but it does say he "knows the contents thereof". It's a close call, but it says "verification" and not "declaration of venue" as well. I wouldn't take the chance.

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I have almost an exact situation with Neuheisel Law with the dates a few months off from yours. My response date is February 5. I received Affidavit of Sale and Certification of Debt in my package from Neuheisel from my request for Verification of Debt. The charge off date was 12/31/2011 and the transfer date was 05/20/2013. I did make payments to Joe Pezzuto LLC (AZ) totaling $900.(7-13-2013 to 11-15-2013) demand for payments stopped from Joe Pezzuto after 11-15-2013 payment. Next correspondence is from P.Scott Lowery on April 07,2014 for payment which I did not respond to. I received court summons from Neuheisel on January 5 2015 which I responded to with the Verification of Debt.

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