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Sued by Cach, LLC in Ohio any help is 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.) Law Office Kevin Z. Shine, PLLC ... Lawyer Lawrence J Roach

3. How much are you being sued for?  Close to $5xxx.xx + Post Judgement Interest at the rate of 3.0%, and court costs.

4. Who is the original creditor? (if not the Plaintiff) Capital One National Assoc, (USA), N.A.

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

6. How were you served? (Mail, In person, Notice on door)  Handed to me at my home certified mail

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

8. What was your correspondence (if any) with the people suing you before you think you were being sued? No contact whatsoever.  Found out by local law firms offering service through mail.
9. What state and county do you live in? Ohio Franklin County

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) According to the exhibits, they sent a CC account statement with billing cycle August 3, 2013 to Sept 3, 2013 with no record of last payment.

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

12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name).  Case is still open.  Complaint by Plaintiff filed on 3/13/15, served on 3/21/15.  By 3/30/15, filed defendant's answers with affirmative defenses, request for discovery, interrogatories, admissions and motion to strike bill of sale/affidavit.

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 since there was no letters, just a lawsuit.

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?  Have not received their request for interrogatories, discovery or admissions, which is odd?  Only received their response to my motion to strike bill of sale/affidavit which was denied.  Judge has ordered mediation on 5/29/15.  Pretrial date is scheduled for 6/24/15.

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

For exhibit A, an affidavit of assignment where a representative (does not list their role/title) of Capital One mentions the account was sold, assigned and transferred to Cach on/or 9/11/13.  Contains Customer name (my name), only the last four of the account number, total amount, charge off date of 8/31/13 and notary date of 6/6/14.  Exhibit B is the terms and conditions.  Exhibit C is a two page statement summary with the total amount from a previous balance (not from zero or the beginning) with no indicator of any payments.  Page 2 of statement contains purchases dated in 2007 (does not list detail specifics just date of purchases, balance and minimum payment plus promo payoff amount.)

 

 

First and foremost, I want to thank everyone for their contributions, guidance, tips and words of encouragement that I have seen all throughout the forums.  Along with other members, I could not have imagined or even fathom that I would get as far as I am, I do apologize in advance as I'm sure I had made some mistakes along the way in this process.  

 

 

Here's where I currently stand: I submitted my first set of interrogatories and request for discovery production on 3/30/15.  Going by court days and excluding weekends, its is now beyond 30 days where I have yet to receive any responses regarding either requests.  I even submitted a meet and confer letter give or take around 4/23/15 as a 'reminder' and requesting for discovery but no response as of 5/14/15; they were sent by CMRRR along with anything prior that was submitted to the Plaintiff.  As of 5/13/15, I submitted a second/final set of interrogatories to the plaintiff with CMRRR that includes a copy of the original dated interrogatory with certificate of service.

 

 

The only time they responded was to my request for admissions and response to my motion to strike which were met with objections and denials without further reasonings on how they denied.  They make mention to Evid.R 803(6) that challenged my hearsay and said their witness were qualified by Ohio Rule of Evidence 901(B )(10) when I questioned the affidavit representative not being present to witness the alleged acts or creation of the records.  In the admissions they deny not sending notices by mail, cited Calvary SPV I v Lorraine T. Furtado, 2005 Ohio 6884, "Credit cad agreements become binding upon the parties upon the issuance and the use of the credit card, they do not require a signed agreement between the parties".  But they admits they do not have a signed application/agreement, but claim they do have all other information (did not provide statements, which they claim they do not need to, etc. you get the idea...)

 

 

My motion to strike their affidavit was denied by the judge on 5/11/15, stating 'Lack of discovery or settlement authority will not be accepted as an excuse for failure to negotiate.  Clients shall be present.'  (Mediation date is 5/29/15).  'Failure to prepare for negotiations at this conference may result in the imposition of sanctions, including dismissal or the assessment of prejudgement interest under R.C. 1243.03©.  All motions and discovery are stayed pending outcome of mediation.'  I take it if I even file a motion its to remain in the pending state from the sounds of it.  

 

 

My next step is to submit a Motion to compel Discovery according to Ohio civil rule 37; however I had questions that I could not find within the forums or online.  Within this motion, must a hearing date be scheduled in conjunction with the motion and must the notice of hearing be filed separate with its own cover sheet or could it be included with a hearing notice verbiage in the motion to compel discovery?  

 

 

I apologize as I'm attempting to find an answer based on Ohio rules and procedures, I'm having no luck with examples either.  Is there a time frame of when such motion hearings must be requested from date of filing?  Found examples in other states where they say give it two weeks + few days if mailing to the plaintiff of course and to call the clerk to find the hearing dates and schedule with them.   

 

 

 

If there are any questions, I will do my best to respond and please feel free to chime in as it would be appreciated.  Thanks everyone.

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I just did general google search using some of your keywords, which you may have already done.  If not, check into this link.

 

 

 

https://www.google.com/search?sclient=psy-ab&site=&source=hp&q=ohio+rule+37+motion+to+compel+discovery+hearing+date&btnK=Google+Search

 

 

 

 

 

 You may be able to get an answer from calling someone in Ohio legal aid.

 

https://www.google.com/search?sclient=psy-ab&site=&source=hp&q=ohio+legal+services&btnK=Google+Search

 

 

 

 Or call a lawyer. You may have to call 5-10 lawyers, try to speak directly to them, although a good paralegal might be able to help you as well.  I have found that if you ask enough lawyers, and ask in a nice way, you can often get some free legal advice that way.

 

 

The threads by ohio ohio and ohiolawsuit are informative.

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Debtzapper, thank you for your input!  I really appreciate it.  I found some nice cases and some examples of cited cases that I'll look into.

 

From what I seen from other cases from the link, within their motions, there wasn't mention of requesting a hearing date for that specific motion to compel.  Could I then just submit my motion to compel discovery like the others that I seen without mention of a hearing date for it, I wonder?  Does anyone request a hearing date for their motions or is it not required?

 

The judge did deny my previous motion to strike their assignment, granted I should've waited and don't want to upset him in the process.

 

It seems that unless they suddenly provide documents that I've been asking for, I'm within a position where it would be justified to file this motion.  I sent a meet and confer letter way back on 4/23/15.  No answers at all.  Of course I'll seek to get some answers to it at the mediation hearing and utilize the events from it into the motion along with another meet and confer/good faith letter as a follow up.

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Thanks shellieh98, I'll give them a call and see if I can get some sort of answer to my question, hopefully I'll get someone else within the office.  When I went to file my second/final set of interrogatories, I remember asking the clerk associates on motions (since they will be my motion to compel) and if they require hearing dates to be scheduled, but they were very vague and said it should be in writing.  That was it.  I'd imagine they get various questions that they cannot answer or give legal advice to hence why they are so hesitant at times just to say anything.  

 

shellieh98 I'm going out on a limb, perhaps the motions are ruled and submitted by mail since my previous motion had a similar process.  Thinking in advance, since all further motions are "stayed pending outcome of mediation" by the judge, we'll see how the mediation on the 29th of this month will go and will likely file my next motion (with the right advisory of course) and see if that is ruled or if it will extend to the pre trial date on June 24th.  

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  • 2 weeks later...

Here's an update as to what is going on recently, sorry for the lack of response recent move, life, work, etc. and thank you to nobk4me, looks like there's mention of an arbiration where AAA and NAF were mentioned as one of the two that the initiator could utilized in the arb process.  I do not see JAMS in the verbiage and this appears to be from 07 in the apr terms and conditions section.  

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Today was the court ordered mediation I arrived, the mediator was present and the plaintiff finally arrived.  We assembled into a private room, where the plaintiff spoke for what was several minutes to get his point across, mediator was nodding in what seemed like signs or gestures of approval.  When it came to my turn I simply stated I needed proof which I have not received bearing history, signature, statements, etc.  Both mediator and plaintiff were asking if I came with negotiations and according to the letter issued for mediation, we were to "work" together to come to a decision.  However, I wouldn't budge, kept repeating the same information in which we were eventually separated.  Keep in my the plaintiff supplied the same information initially submitted in the complaint, had another bill of sale with electronic doc title (again not my name or account info, the amount but someones signature and name from CACH) and a copy of my credit report?  Was or is this even allowed where they would pull this information?  

 

After what was close to an hour or more, the mediator ask what I would like from them, I said its all in my discovery and interrogatory requests all the stuff that should've been provided; which they had not answered but if needed, be it extension of time or continuance for the information to be supplied I was ok with it.  The mediator stating that she knew the judges tendencies wouldn't like if we didn't come to some agreement; I never had the feeling this person was unbias which is a shame with all the side quips and remarks that I sat through.  At one point she said it wasn't needed to attend (a court ordered mediation?) but I had to reiterate it was by the judge.  Wow.  

 

So we can to an end, what they didn't supplied, they obviously could not fax over, I ask for the reasons why and when to expect information in which I was given a long winded answer that amounts to nothing.  I been through previous mediation prior, and it was nothing like this.  I guess expect the unexpected when in Ohio.  We did agree that this will go to the pre-trial phase, we'll see what will happen then and if available an opportunity to seek more time or continuance since I got nothing from them.  Thought I share, feel free to add your thoughts, comments, I'll keep everyone up to date.  

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That's not uncommon in Ohio courts, that the supposedly neutral court personnel will try very hard to get you to settle with the plaintiff.  Which is why I use the arbitration strategy every time I can, to get out of the pro-creditor court system.

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makes perfect sense now as to why to ask for arb.  Just curious, next up is the pre-trial, as with any case can be different is there anything to be expected?  Is it more of an informal process, being we met at mediation and can the judge usually make rulings or judgement at them?  Being that I am still waiting for my requests for interrogatories and discoveries should I request for more time or make mention of it; guessing I will at least bring up the issues.   

 

An interesting thing to take note is that in the court ordered mediation a line stated "Lack of discovery or settlement authority will not be accepted as an excuse for failure to negotiate."  In which the mediator kept emphasizing, even caught her and the plaintiff asking to throw a figure or number out for settlement several times.  If this is purely meant that the supposed debtor must settle, if not "failure to prepare for negotiations at this conference may result in imposition of sactions, or assessment of prejudgement interest under R.C. 1343.03©."

 

Then again, who wouldn't want to have the case handled out of their court; such burden we are!

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http://codes.ohio.gov/orc/1343.03

 

 

©

(1) If, upon motion of any party to a civil action that is based on tortious conduct, that has not been settled by agreement of the parties, and in which the court has rendered a judgment, decree, or order for the payment of money, the court determines at a hearing held subsequent to the verdict or decision in the action that the party required to pay the money failed to make a good faith effort to settle the case and that the party to whom the money is to be paid did not fail to make a good faith effort to settle the case, interest on the judgment, decree, or order shall be computed as follows:

(a) In an action in which the party required to pay the money has admitted liability in a pleading, from the date the cause of action accrued to the date on which the order, judgment, or decree was rendered;

( B) In an action in which the party required to pay the money engaged in the conduct resulting in liability with the deliberate purpose of causing harm to the party to whom the money is to be paid, from the date the cause of action accrued to the date on which the order, judgment, or decree was rendered;

 

 

The way the statute is worded,  it doesn't mean you must accept the mediator's terms.

 

 

 

 

 

 

 

 

 

 

 

 

 

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