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Happy Thanksgiving to All!

 

I am being pursued for a lawsuit against Mandarich Law on behalf of Cach, LLC.

 

The suit is for just over $1,000.00 dollars. The debt stems from years ago. I belive i do fall within the statute of limitations as it looks like in Feb. 2016, is the 6 year mark (i believe the SOL is 6 years here in Oregon)

 

I'm looking for all of your input from experiences as i need as much guidence and help as possible. I've reached out to @Mrj9182 and have been met with great kindness and offerings of heroism to which I'm so thankful for!

 

ANY of you folks who are willing to chime in, I can't thank you enough! My Answer to their complaint is due in on this coming Monday, btw.

 

-OregonAce

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Do you know any of the additional detail here?

http://www.creditinfocenter.com/community/topic/242744-qs-to-answer-when-posting-in-this-forum-please-read/

 

One additional thing to look into is if a cardmember agrement from when the account was active has an arbitration clause for private arb, (not the court ordered mandatory version they run). These are required to be posted online, so if you don't have an old one, should be easy to locate.

 

Keep in mind CACH is a junk debt buyer. They have to prove standing for an alleged debt between you and an original creditor and would also have to meet the business records exception for starters- they aren't qualified to introduce statements, etc. from the original creditor.

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Thank you @CCRP626. Below are my answers:

 

 

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.)
Mandarich Law
3. How much are you being sued for?
Just over $1,000 dollars
4. Who is the original creditor? (if not the Plaintiff)
Bank Of America (BOA)
5. How do you know you are being sued? (You were served, right?)
Service at residence via a housemate
6. How were you served? (Mail, In person, Notice on door)
There was someone who knocked on the door at 8:30 pm one night when my housemate was home (I was not home)
7. Was the service legal as required by your state?
I believe so
Process 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?
None
9. What state and county do you live in?
Oregon; Washington County
10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations)
Maybe early 2010
11. What is the SOL on the debt? To find out:
6 years, I believe.
Statute of Limitations on Debts

12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or B) looking it up online (many states have this information posted - when you find the online court site, search by case number or your name).
Suit served. Turning in ANSWER on Monday.
13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?)
I did dispute with credit bureaus late this past summer; then i got sued.
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.
Only through the steps of challenging the credit bureaus.
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?

1st week of December

Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits

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

Not anything. No statements, No affadavit, No nothin'.

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Vbank of America took out arbitration in 2010. Your account was charged off before that, you could use the card agreement from 2008-2009 to compel Arb. I can't remember if it has jams, I think the ones early on we're with AAA. BUT no matter I doubt they would go to AAA over 1k.

Do a search for the credit card agreement during the time your account was active. Then you can file a motion to compel Arb, motion to dismiss case in court. You can do this instead of an answer, if it's denied, you get more time to answer.

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@OregonAce

Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?)
I did dispute with credit bureaus late this past summer; then i got sued.
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.
Only through the steps of challenging the credit bureaus.

-------------

What was the response to this besides the filing of the lawsuit?

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@shellieh98 I see a 2009 BofA agreement only has NAF but mentions if NAF won't participate they'll decide on another national arbitrator. Didn't NAF remove themselves from credit card arbitration?

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NAF did quit with consumer arb, but it says another agency if NAF is unavilable.  So he could pick JAMS or AAA.  Both places would be cost prohibited for them to follow into arb.  It would cost them more than what they could collect.

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@OregonAce

Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?)

I did dispute with credit bureaus late this past summer; then i got sued.

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.

Only through the steps of challenging the credit bureaus.

-------------

What was the response to this besides the filing of the lawsuit?

@CCRP626 It was not taken off of my report. It was supposedly validated to the credit bureaus.

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Vbank of America took out arbitration in 2010. Your account was charged off before that, you could use the card agreement from 2008-2009 to compel Arb. I can't remember if it has jams, I think the ones early on we're with AAA. BUT no matter I doubt they would go to AAA over 1k.

Do a search for the credit card agreement during the time your account was active. Then you can file a motion to compel Arb, motion to dismiss case in court. You can do this instead of an answer, if it's denied, you get more time to answer.

@shellieh98 and @CCRP626

I'm not familiar with the acronym for 'JAMS'?

 

Also, Does anyone have a template for motion to compel ARB and motion to dismiss in court?

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