Author Topic: Requesting GA Lawsuit assistance  (Read 1822 times)

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antman

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Requesting GA Lawsuit assistance
« on: August 31, 2015 06:00:56 PM »
I have 30 days to respond with an answer. Cach, LLC complaint comprises of 19 line items, exhibit A (bill of sale and assignment, signed by citibank N.A. Mgr--not notarized--and is this the affidavit?), exhibit 1 (only stated in exhibit A as accounts described in exhibit 1 and the final electronic file), and exhibit B (Sears account statement).

My defenses are:
1. Exhibit A not notarized
2. Exhibit A only refers to citibank and zero mention of defendant or account number, or sears
3. Exhibit A has date of sale in narrative in 1st paragraph. Second paragraph 2 has an apparent purchase and sale agreement date between buyer (me?) and bank, contradicting account open date by 13 days as indicated in exhibit 1.
4. Exhibit A indicates that the accounts are described in exhibit 1, but exhibit 1 does not imply it is exhibit 1 (only by compliant cover paper before the actual exhibit) and it is merely a printout that can be produced anywhere--and it is not notarized. Also,exhibit 1 has only one account which contradicts exhibit A's narrative that accounts is plural.
5. Exhibit B is a sears account statement with my name and address and has zero narrative of citibank on any of the 3 pages.

The complaint does not reflect to sears and all, only the original creditor as being citibank.

The bill of sale is dated over 3 years ago, yet they just filed suite. Plaintiff states they MAY call witness to appear telephonically to testify to the accuracy and genuineness of the exhibits or any other matter deemed necessary (LOL).

Then it states that pursuant to a GA code they MAY submit Business Records Affidavit (is this not exhibit A???) execute by a qualified witness that specific records entered into the record are authentic and admissible under GA code. Plaintiff MAY rely on this affidavit in lieu of calling a witness to trial.

Again, isn't the bill of sale the business record and the affidavit? If not the affidavit, why not include it with complaint. It appears I can request summary judgement due to the findings I stated above?

Would anyone with expert knowledge like to help me this matter? I am very appreciative of any help.

Thanks!

Bruno the JDB Killer

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Re: Requesting GA Lawsuit assistance
« Reply #1 on: August 31, 2015 06:26:37 PM »
The bill of sale is between Cach and Citibank. It is generic, it does not have to be notarized. An affidavit would be. Sears cards are issued by Citibank.  The monthlies may or may not reference them, if they do it's in the small print someplace.

They can sue any time they want within the SOL which is 6 years in GA. Is this in Magistrate Court? If so that's considered small claims and there is a prohibition against arbitration in the contract.

You may have to lose the case to get a de novo appeal to the next level, then you might try for  arbitration, which JDBs will not pay for.
I am not an attorney. Any information I post is strictly my opinion and should be treated as such.

fisthardcheese

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  • They forced arbitration into your contract. Use it
Re: Requesting GA Lawsuit assistance
« Reply #2 on: August 31, 2015 08:55:17 PM »
We need to know if this is Magistrate or State Superior court.

Most of what you think are defenses will be allowed and rubber stamped by the court as a win for plaintiff.

I would start looking for my counter claims or fir arbitration right away.
11 Arb Settlements (9 AAA, 2 JAMS)
3 JDB Suits Dismissed With Prejudice (2 pro-se, 1 consumer atty)
3 TCPA Settlements (2 pro-se, 1 consumer atty)
2 FCRA Settlements (consumer atty)
1 FDCPA Settlement (w consumer atty)
1 Small Claims Win (pro-se; Landlord/state consumer law violations)
1 State UDAP Settlement (ITS)
1 Federal PTC Settlement (before hearing; pro-se)

antman

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Re: Requesting GA Lawsuit assistance
« Reply #3 on: August 31, 2015 09:11:30 PM »
thanks for input bruno and fishard. The complaint was filed in a county court; it says at the top "In the State Court of XXX County"

Many of the defenses I bring were also brought up by Cach of Colo., LLC v Lazarovwsky
http://law.justia.com/cases/new-york/other-courts/2014/2014-ny-slip-op-51759-u.html
 
However, Lazarovwsky may have primarily won on Cach using their wrong name, and therefore I am unsure if what I bring up really matters.
 
Im not sure what I can counter claim. If the original creditor is Sears (because of the statement indicating its sears and payment as apparently made to them), how can citibank be the original creditor? And, here is no business papers showing sears selling debt to citibank. Don't plaintiff have to prove something with sears since the statement is Sears? What about the original agreement between sears and the debtor? How could their have been an agreement between citibank and the debtor if citibank had zero to do with any of this.

Also, I thought official business transactions must be notarized? If the bill of sale is the affidavit and doesn't need notary, my name and account number is not found on that document And exhibit 1 cannot be the actual document that accompanied Exhibit A because accounts, as in plural, is used and exhibit 1 is just one account and it does not say "exhibit 1."

thanks

Bruno the JDB Killer

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Re: Requesting GA Lawsuit assistance
« Reply #4 on: August 31, 2015 09:16:01 PM »
You're not listening, Citibank issues all of Sears' credit cards and has for decades. Forget this, it won't work. A bill of sale is a document, it does not have to be notarized. Only affidavits (sworn testimony) need to be notarized. NONE of this stuff has ever worked and never will.
I am not an attorney. Any information I post is strictly my opinion and should be treated as such.

antman

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Re: Requesting GA Lawsuit assistance
« Reply #5 on: August 31, 2015 10:34:14 PM »
bruno I am reading and comprehending. But I still have to ask, won't cach have to produce evidence that the debtor entered into agreement with citibank? An evidence, instead of hearsay that sears card is issued by citibank? My understanding is that merely vocalizing to the judge that citibank owns sears card is not evidence.

Anyway, Cach says they can produce the affidavit executed by a qualified witness, therefore it must be a citibank person. Therefore, they are holding out including it with the complaint maybe because (1) a cach employee issued it, or/and (2) merely stating they can produce it might get me to not answer. So, when I answer, they might not show or just dismiss the suit.

Lastly, since it is state court and not magistrate  Arbitrate is best bet? You stated, "Is this in Magistrate Court? If so that's considered small claims and there is a prohibition against arbitration in the contract."

thanks.


antman

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Re: Requesting GA Lawsuit assistance
« Reply #6 on: August 31, 2015 10:56:50 PM »
It's definitely NOT magistrate court. I wonder why they didn't file magistrate...the court addresses issues of $15k or less. Mine is about $4k.

Maybe because mag is under $100 filing fee and state is over $200 filing fee. They thinking I'll be sleeping in.
« Last Edit: August 31, 2015 11:19:58 PM by antman »

nobk4me

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Re: Requesting GA Lawsuit assistance
« Reply #7 on: September 01, 2015 12:31:02 AM »
Arbitration is the way to defeat CACH, and, really, any JDB.  They will not pay for it.

Find an applicable card member agreement for the alleged account, look for the arbitration clause.
Molon labe

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antman

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Re: Requesting GA Lawsuit assistance
« Reply #8 on: September 01, 2015 02:45:45 AM »
I found a 2012 and 2014 citibank sears mastercard agreement and the narrative implies arbitration trumps. It has AAA and Jams. I understand that Jams is more expensive for the owner of the debt, although I have to pay the filing fee.
Thanks

fisthardcheese

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  • They forced arbitration into your contract. Use it
Re: Requesting GA Lawsuit assistance
« Reply #9 on: September 01, 2015 04:35:10 AM »
I would use JAMS.  I would work on typing up a motion to compel arbitration.  There are several samples in the arbitration section here.  The fact that this is state court is in your favor on a MTC arb.

Do not even attempt to discredit their affidavits.  In GA they will be accepted as a business record which is exempt from the hearsay rule.

CACH will likely not arbitrate over $4k.
11 Arb Settlements (9 AAA, 2 JAMS)
3 JDB Suits Dismissed With Prejudice (2 pro-se, 1 consumer atty)
3 TCPA Settlements (2 pro-se, 1 consumer atty)
2 FCRA Settlements (consumer atty)
1 FDCPA Settlement (w consumer atty)
1 Small Claims Win (pro-se; Landlord/state consumer law violations)
1 State UDAP Settlement (ITS)
1 Federal PTC Settlement (before hearing; pro-se)

antman

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Re: Requesting GA Lawsuit assistance
« Reply #10 on: September 01, 2015 06:22:09 AM »
Yeah, jams is what many folks are favoring. I read it costs the debt owner $3-5k a day to arbitrate. The card agreement's language on arbitration implies great favor for it almost as if it's a requirement if requested.  The judge here I feel cares about people and the credit card problems and will surely grant it.

The thing is, 3 years ago i was served by citibank--all my debt problems occurred at the same time, and if citibank owned this current debt, they could have easily brought it with the others. So I have skepticism that this one is even real. The computer printout, exhibit 1 reflects it was only opened for a month and all the debt was incurred  at that time frame. Makes no sense as I don't recall my sears card like that, as I had it a while. Cach had to manipulate the docs.

Unsure why GA law on this would be so lax, they should be protecting their citizens from these bastards.

Also, I cant discredit their affidavit because they just say they MAY present on 1 line item, and then on another before it they say they MAY phone a witness, like they're trying to cover all their bases or are unsure as to what they really can do. I bet they have neither.

Although I think that I should answer with all what I found and request arbitration as a affirmative defense at the same time, I'll examining the procedures for arb, thanks fh.

Bruno the JDB Killer

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Re: Requesting GA Lawsuit assistance
« Reply #11 on: September 01, 2015 01:08:35 PM »
Just file the MTC arb, the Supreme Court says it has to be granted. I would suggest you not argue any of this stuff about who issued your card. Go to the Sears website and apply for a card, it will probably redirect you to Citibank. This is on the Sears website:


Sears cards are issued by Citibank, N.A.
I am not an attorney. Any information I post is strictly my opinion and should be treated as such.

antman

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Re: Requesting GA Lawsuit assistance
« Reply #12 on: September 01, 2015 03:15:59 PM »
If I remember correctly, it was in the sears department store that I applied by filling out an application and signing the document. I just found the agreements for a host of store cards and more, so apparently citibank has a hand in these cards. The statement clearly indicates payments go to sears, and I thoroughly scanned the statement, and citiback is not it.

Anyway, one would think the debt owner must produce the signed document; why even bother signing the document and entering into agreement if it is irreverent enough to not even produce in court?

I am thinking filing an MTC for arb without answer might be construed that it is my account. If I go to arb without answer if owner accepts, I think I have a good angle for defense. Without answer, the arb or owner can bring the aforementioned.

I have some time, so I'll think this out more thoroughly. I am considering the attorney option.
thanks Bruno.

shellieh98

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Re: Requesting GA Lawsuit assistance
« Reply #13 on: September 01, 2015 03:39:15 PM »
You would be better off focusing your energy getting this into arb rather than answering with that.  "IF" they followed you in to arb ( seriously doubt) you could bring it up there.  You really don't want to bring up anything in court ( especially a losing argument) that might be construed as litigation, you risk waiving your right to arb. 
Focus on what is going to make this go away, unless you just have all kinds of money and want to prove a point

antman

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Re: Requesting GA Lawsuit assistance
« Reply #14 on: September 01, 2015 04:20:29 PM »
The dreaded thought of doing onto others what they have or attempt to do onto me. But that is not really me, so I think about doing onto other as I would want them to do onto me.

I love simplicity although I also love diagnosing complex problems. But here, to simply file a motion to compel an arbitration this week is the correct answer.


Thanks shellieh

Ps> it is weird that a week before this suit was filed that I started receiving sears@value.sears.com email to my primary email addy. It didnt go in my junk folder, but I didnt click on it either. The web says its a scam. Probably CACH, LLC driving it.

What is really disturbing that I received an email from the same email addy back in 2013 and it had to do with the sears auto center where I took my car...the email indicates my car make and model, year, and engine. After that email in 2013, in 2014 I started receiving email from service@email.searsautocenter.com, apparently good email.

Ps2> I just noticed on exhibit 1 comp printout it says sears gold mastercard. Exhibit B statement only indicates sears mastercard, Additionally, there is no agreement for a sears gold mastercard that I could find,