DebtDeleter

Being Sued by CACH (Mandarich Law Group) in CA

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You might prepare a Demurrer, an Answer, and the Bill of Particulars to be ready for the fast paced pleading. Prepared equals victory. Your case may be different as this web bank may be a foreign company so lets work on that angle and the fact that their records may not be valid due to electronic loan app and such.

Edited by Seadragon
adding Demurrer to the quiver of arrows
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2 hours ago, hades01 said:

There's nothing to do until you're actually served.  That starts the clock on when you have to respond.  Take your time, don't panic, read through other California threads here to see how their cases progressed to get a sense of things.

Will do. Thank you!

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1 hour ago, Seadragon said:

You might prepare a Demurrer, an Answer, and the Bill of Particulars to be ready for the fast paced pleading. Prepared equals victory. Your case may be different as this web bank may be a foreign company so lets work on that angle and the fact that their records may not be valid due to electronic loan app and such.

Thank you so much Seadragon! I'll updated you guys once I got served. In the meantime, I'll start working on this.

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1 hour ago, Seadragon said:

Seadragon copy of Calawyers famous Bill of Particulars.doc

Redacted Demurrer.doc

Long form General Denial.doc

Lets look at the complaint if we can. Redacted of course and no admissions of the debt in any posts.

If I got served, which one should I send first? Also, do I send it certified mail?

Sorry, newbie.

Thank you! 

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We will work on the demurrer first, the general denial is mostly complete and then a tuneup on the Bill of Particulars.

I found this and they are not allowed to litigate in court. They are restricted to AAA or JAMS for Arbitration unfortunately there is 19K at stake they might do arbitration. Orange county is somewhat good for DC cases so it is a little more murky now.

http://www.dell.com/downloads/global/services/sd/DPA_Terms_Conditions.pdf?dfsref=dfsmsg

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On 8/26/2017 at 4:59 PM, Seadragon said:

We will work on the demurrer first, the general denial is mostly complete and then a tuneup on the Bill of Particulars.

I found this and they are not allowed to litigate in court. They are restricted to AAA or JAMS for Arbitration unfortunately there is 19K at stake they might do arbitration. Orange county is somewhat good for DC cases so it is a little more murky now.

http://www.dell.com/downloads/global/services/sd/DPA_Terms_Conditions.pdf?dfsref=dfsmsg

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25 minutes ago, Seadragon said:

We will work on the demurrer first, the general denial is mostly complete and then a tuneup on the Bill of Particulars.

I found this and they are not allowed to litigate in court. They are restricted to AAA or JAMS for Arbitration unfortunately there is 19K at stake they might do arbitration. Orange county is somewhat good for DC cases so it is a little more murky now.

http://www.dell.com/downloads/global/services/sd/DPA_Terms_Conditions.pdf?dfsref=dfsmsg

They are allowed to litigate in court. 

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the case summary wont give you the information you need. in OC court website is called "Civil Case Access"

it shows everything that has been filed in the case and for what. 

 

the example below shows when midland filed the case and that a proof of service of summons was filed on 3/18/14.

 

9  PROOF OF SERVICE OF SUMMONS FILED BY MIDLAND FUNDING LLC ON 03/18/2014 03/18/2014 2 pages
E-FILING TRANSACTION xxxxx0 RECEIVED ON 03/18/2014 12:02:00 PM. 03/22/2014 NV  
7

 

PAYMENT RECEIVED BY FOR 131 - 1 COMPLAINT OR OTHER 1ST PAPER PAPER IN THE AMOUNT OF 181.00, TRANSACTION NUMBER xxxxx AND RECEIPT NUMBER xxxxx

02/26/2014 1 pages
6  DECLARATION - OTHER FILED BY MIDLAND FUNDING LLC ON 02/24/2014 02/24/2014 1 pages
5  DECLARATION - OTHER FILED BY MIDLAND FUNDING LLC ON 02/24/2014 02/24/2014 1 pages
4  SUMMONS ISSUED AND FILED FILED BY MIDLAND FUNDING LLC ON 02/24/2014 02/24/2014 1 pages
CIVIL CASE COVER SHEET FILED BY MIDLAND FUNDING LLC ON 02/24/2014 02/24/2014 2 pages
2  COMPLAINT (B&P 6322.1) FILED BY MIDLAND FUNDING LLC ON 02/24/2014 02/24/2014 4 pages
1  E-FILING TRANSACTION xxxxxx RECEIVED ON 02/24/2014 02:24:46 PM.
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7 minutes ago, sadinca said:

the case summary wont give you the information you need. in OC court website is called "Civil Case Access"

it shows everything that has been filed in the case and for what. 

 

the example below shows when midland filed the case and that a proof of service of summons was filed on 3/18/14.

 

9  PROOF OF SERVICE OF SUMMONS FILED BY MIDLAND FUNDING LLC ON 03/18/2014 03/18/2014 2 pages  
E-FILING TRANSACTION xxxxx0 RECEIVED ON 03/18/2014 12:02:00 PM. 03/22/2014 NV  
7

 

PAYMENT RECEIVED BY FOR 131 - 1 COMPLAINT OR OTHER 1ST PAPER PAPER IN THE AMOUNT OF 181.00, TRANSACTION NUMBER xxxxx AND RECEIPT NUMBER xxxxx

02/26/2014 1 pages  
6  DECLARATION - OTHER FILED BY MIDLAND FUNDING LLC ON 02/24/2014 02/24/2014 1 pages  
5  DECLARATION - OTHER FILED BY MIDLAND FUNDING LLC ON 02/24/2014 02/24/2014 1 pages  
4  SUMMONS ISSUED AND FILED FILED BY MIDLAND FUNDING LLC ON 02/24/2014 02/24/2014 1 pages  
CIVIL CASE COVER SHEET FILED BY MIDLAND FUNDING LLC ON 02/24/2014 02/24/2014 2 pages  
2  COMPLAINT (B&P 6322.1) FILED BY MIDLAND FUNDING LLC ON 02/24/2014 02/24/2014 4 pages  
1  E-FILING TRANSACTION xxxxxx RECEIVED ON 02/24/2014 02:24:46 PM.

Please see attached. Should I wait to be served? Or should I purchase the douments?

 

Thanks

 

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On 8/28/2017 at 11:48 AM, sadinca said:

the case summary wont give you the information you need. in OC court website is called "Civil Case Access"

it shows everything that has been filed in the case and for what. 

 

the example below shows when midland filed the case and that a proof of service of summons was filed on 3/18/14.

 

9  PROOF OF SERVICE OF SUMMONS FILED BY MIDLAND FUNDING LLC ON 03/18/2014 03/18/2014 2 pages  
E-FILING TRANSACTION xxxxx0 RECEIVED ON 03/18/2014 12:02:00 PM. 03/22/2014 NV  
7

 

PAYMENT RECEIVED BY FOR 131 - 1 COMPLAINT OR OTHER 1ST PAPER PAPER IN THE AMOUNT OF 181.00, TRANSACTION NUMBER xxxxx AND RECEIPT NUMBER xxxxx

02/26/2014 1 pages  
6  DECLARATION - OTHER FILED BY MIDLAND FUNDING LLC ON 02/24/2014 02/24/2014 1 pages  
5  DECLARATION - OTHER FILED BY MIDLAND FUNDING LLC ON 02/24/2014 02/24/2014 1 pages  
4  SUMMONS ISSUED AND FILED FILED BY MIDLAND FUNDING LLC ON 02/24/2014 02/24/2014 1 pages  
CIVIL CASE COVER SHEET FILED BY MIDLAND FUNDING LLC ON 02/24/2014 02/24/2014 2 pages  
2  COMPLAINT (B&P 6322.1) FILED BY MIDLAND FUNDING LLC ON 02/24/2014 02/24/2014 4 pages  
1  E-FILING TRANSACTION xxxxxx RECEIVED ON 02/24/2014 02:24:46 PM.

Sorry for the continous posting. I've deleted the transaction numbers.

 

Please see attached.

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I wouldn't pay for the documents unless you really want to know whats in it. 

however i would keep a close eye on that docket just to make sure that you dont't get sewer served, and avoid an MSJ 

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2 hours ago, sadinca said:

I wouldn't pay for the documents unless you really want to know whats in it. 

however i would keep a close eye on that docket just to make sure that you dont't get sewer served, and avoid an MSJ 

I have another questions, when I send a CMRR do I need to have the Clerk's endorsement on USPS or can I just use stamps.com without the endorsement?

 

Thanks

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