MarkleKent

Being sued by Cach LLC/Mandarich Law Group in Oregon

Recommended Posts

While it's never a good time to be sued, this was the absolute worst. The day I was served, I was leaving for a 3 week trip. I'm back now, and have a week to deal with this. The closest card agreement I could find to the date of mine (issued a year later) DOES have ARB. Also, may or may not be relevant: The original creditor lost a class action lawsuit a year after my card was issued for not providing enough information on their interest structure to clients. I was not a part of the suit, but my agreement does fall in the timeframe they were sued for this. 

 

I have no idea what to do, really. I know I must file an answer but don't know how. The document doesn't have a case number, so I'm not even sure how I'd look the case up, verify it or formally submit an answer. Any guidance or help provided would be greatly appreciated. 

 

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 Group

3. How much are you being sued for? $2500, plus post-judgement interest, etc

4. Who is the original creditor? (if not the Plaintiff) GE Capital Retail Bank

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

6. How were you served? (Mail, In person, Notice on door) in person

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? Received a few attempts to collect a debt via mail. No phone correspondence

9. What state and county do you live in? Lane Co. Oregon

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) mid-2013

11. What is the SOL on the debt? 6 years under Oregon law

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). Unsure. There's no case number on the summons, so not sure how to find out the status.

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? 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? 30 days from date served

16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. none

 

Share this post


Link to post
Share on other sites

@MarkleKent best I can figure is your courthouse doesn't have online records but you may be able to get the detail through e-mail. You may want to call to make sure of the case number.

http://courts.oregon.gov/Lane/Records/pages/courtrecords.aspx

There should be some Oregon posts on the boards to check out. What I remember is private arbitration was not a bad choice with the court pushing cases into mandatory court ran arb otherwise.

An Overview of the Civil Case Process from Start (Complaint) to Finish (Judgment)

A civil case is started by filing a complaint with the court clerk.  When the complaint is filed and the filing fee is paid, the complaint is given a case number.  The complaint and a summons must be served on the defendant(s) in the case.  Proof of the service must be filed with the court clerk.  The defendant(s) may file a motion or answer with the clerk and pay the required filing fee. If an answer is not filed within the time allowed by law, the case may proceed to a default judgment. If the defendant's answer is filed, the case will be set for trial and if appropriate, referred to mandatory arbitration. If arbitration is successful, the case will be closed on an arbitration award. If arbitration is unsuccessful, or not appropriate for the case, the case will continue onto trial.  The plaintiff and defendant decide if the trial will have a 6-person or 12-person jury, or proceed without a jury. At the end of the trial, the court enters an appropriate judgment.

 

Share this post


Link to post
Share on other sites

If you file an answer, expect the court to order court arbitration, it's mandatory. There you will most likely lose, and have to file for a trial de novo.  If it were mine, I would answer it with a motion to dismiss, motion to compel priviate contractual arbitration.  GE has Arb agreements in all their agreements with Jams, so as long as you pick one that was in effect while the card was in good standing, you should be able to use it.  By not filing an answer, the court and send you to court arb, it has to rule on your motions first. If it's denied, you have time to either appeal that ruling, or file an answer.  There are many examples of that motion in this forum.

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.