Author Topic: Cach LLC sueing us in Arizona for ~20,000  (Read 11264 times)

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wansu

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Cach LLC sueing us in Arizona for ~20,000
« on: December 24, 2015 06:12:06 AM »
We avoided service for as long as we could and they served us using an alternative method. I want to do this right from the very beginning. I have a little under 2 weeks to answer the summons and could use some help. Can we win this? I have attached everything that was served. I deleted any personal information.

I had attached my documents with personal info redacted. Should I also cut out the plaintiff's attorney info?
« Last Edit: December 24, 2015 06:21:33 AM by wansu »

Bruno the JDB Killer

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Re: Cach LLC sueing us in Arizona for ~20,000
« Reply #1 on: December 24, 2015 02:08:35 PM »
Text is better, most jpegs etc are unreadable. The complaint isn't that important anyway, just answer these for us.

1. Who is the named plaintiff in the suit?

2. What is the name of the law firm representing the Plaintiff?

3. How much are you being sued for? Round off the amount.

4. Who is the original creditor? (if not the Plaintiff) original creditors are major banks such as Citibank, Chase, Capitol 1, Wells Fargo, etc. If you see a name you don't recognize, like Midland, Portfolio, Cavalry, it is a "junk debt buyer."

5. How do you know you are being sued? Were you properly served?

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

7. What state  do you live in?

8. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) This is very important, they often wait too long to file suit. No wild guesses please, that does not help.


9. 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. If not, you can find this in your state rules of civil procedure. Links are posted here under state laws.


10. What documents, if any, did they send with the summons?

11. Did they also send discovery? (Requests for Production of Documents, Requests for Admissions, Interrogatories)
I am not an attorney. Any information I post is strictly my opinion and should be treated as such.

wansu

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Re: Cach LLC sueing us in Arizona for ~20,000
« Reply #2 on: December 25, 2015 07:43:51 AM »
Text is better, most jpegs etc are unreadable. The complaint isn't that important anyway, just answer these for us.

1. Who is the named plaintiff in the suit?

Cach LLC

2. What is the name of the law firm representing the Plaintiff?

Law Office of Joe Pezzuto, LLC

3. How much are you being sued for? Round off the amount.

$20,000

4. Who is the original creditor? (if not the Plaintiff) original creditors are major banks such as Citibank, Chase, Capitol 1, Wells Fargo, etc. If you see a name you don't recognize, like Midland, Portfolio, Cavalry, it is a "junk debt buyer."

Bank of America

5. How do you know you are being sued? Were you properly served?

Yes. An order authorizing alternative service. It was left at the gate. It said certified mail also, but we never received it.

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

Not home

7. What state  do you live in?

Arizona

8. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) This is very important, they often wait too long to file suit. No wild guesses please, that does not help.

We double checked. We were served withing the statute of limitations. The SOL for credit card debt in AZ is 6 years.


9. 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. If not, you can find this in your state rules of civil procedure. Links are posted here under state laws.

20 days as of last Monday the 14th. That was the day the summons was left on our gate.

10. What documents, if any, did they send with the summons?

Certificate of Compulsory Arbitration, Complaint, and last account statement

11. Did they also send discovery? (Requests for Production of Documents, Requests for Admissions, Interrogatories)

No

wansu

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Re: Cach LLC sueing us in Arizona for ~20,000
« Reply #3 on: December 25, 2015 07:58:04 AM »
This is the content of the complaint:

I.
Upon information and belief, Defendant(s), [Name] and John Doe [Name], wife and husband, are residents of Pima County, Arizona. At all times material hereto, Defendant(s), [Name] and John Doe[Name], wife and husband, were acting on behalf of and for the benefit of the marital community, if any. Plaintiff alleges that obligations of all individual Defendants are both community and separate obligations and that all obligations with respect to the debt at issue in this case are joint and several. Defendant Does are fictitiously named because the true name is unknown to Plaintiff at this time. This Complaint may be amended if the true names are ascertained.
II.
This Court has legal authority over the subject matter of the claim presented herein and over the above-named Defendants.
III.
Plaintiff is a limited liability company duly organized and existing under the laws of the State of Colorado. Plaintiff is the owner of the credit card account ("Account") at issue in this Complaint and is the real party of interest.
IV.
Plaintiff alleges 'that Defendant(s) are personally liable for all charges and interest incurred on the Account which is the subject of this Complaint. Plaintiff reserves the right to amend this Complaint as discovery progresses or new information comes to light.
V.
The original creditor, known as BANK OF AMERICA, N.A. (SUCCESSOR-IN-INTEREST TO FIA CARD SERVICES, N.A., FORMERLY KNOWN AS MBNA AMERICA BANK, N.A.), issued a credit card to Defendant(s), account number ****-****-****-****. Defendant(s) received and used, or authorized the use of, the credit card and thereby became obligated to pay for the charges incurred with the credit card. Defendant(s) defaulted on the obligation to make monthly payments on the Account, and the credit card was subsequently canceled. The entire balance on the Account is presently due and payable in full.
VI.
Plaintiff purchased the Account and has been assigned all rights thereunder, including the right to collect the Account from Defendant(s). VII. Plaintiff's predecessor in interest sent to Defendant(s) a final statement of account ("account stated") based on DefendantP(s) use of the above referenced credit card. A true and accurate copy of the account stated is attached hereto as Exhibit A and is incorporated herein by reference.
VIII.
The account stated shows a balance of $20,000. The account stated was received by Defendant(s) and not objected to within a reasonable time period. Retention of the account stated by Defendant(s) without objection for more than a reasonable time implies consent by the Defendant(s) to the statement's correctness. Retention of the account stated by Defendant(s) without objection for more than a reasonable time implies a promise to pay the balance. IX. After all payments, credits, and adjustments made to the account, the current amount of $20,000 is presently past due and owing.
X.
Plaintiff has made all demands and performed all other acts necessary to mature said claim against Defendant(s) which the Defendant(s) has neglected and failed to pay. XI. Plaintiff, if successful, may be entitled to recover its reasonable costs pursuant to A.R.S. 12-341 and the Court is authorized to award the prevailing party its costs.
WHEREFORE, Plaintiff prays for Judgment to be entered in favor of the Plaintiff and against each of the Defendants as follows:
A. For the current amount of $20,000.
B. For Plaintiffs costs incurred herein and for Post-Judgment interest at the legal rate from the date of Judgment until paid.
C. For such other and further relief as the Court may deem just and proper

kevinmanheim

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Re: Cach LLC sueing us in Arizona for ~20,000
« Reply #4 on: December 25, 2015 12:55:17 PM »
Joe Pezzuto. Heh. Bottom feeder.

In what year did you last make a payment on this account?

If it was before 2010, you should be able to compel arbitration of the claims.

Even if it was after 2010, you still may be able to use arbitration.

trick

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Re: Cach LLC sueing us in Arizona for ~20,000
« Reply #5 on: December 25, 2015 03:54:59 PM »
Look at your rule of civil procedure in the court that you are in.  Look for a rule that is usually a 12 (b) which is a motion to dismiss.  You file this motion in lieu of an answer.  The reason for the motion is that the claim is under an arbitration agreement.  It looks from your statement provided they sent a arbitration agreement. That may be the one from the Court sponsored.  Look for the card service agreement from the very first time you used the card.  Look for Arbitration agreement which has JAMS as the arbitration company.  Send a demand for arbitration directly to the lawyer immediately.

wansu

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Re: Cach LLC sueing us in Arizona for ~20,000
« Reply #6 on: December 25, 2015 04:16:16 PM »
This is part of the summons:

IN THE SUPERIOR COURT OF THE STATE OF ARIZONA IN AND FOR THE COUNTY OF PIMA

CERTIFICATE OF COMPULSORY ARBITRATION
I certify that I am aware of the dollar limits and any other limitations set forth by the Local Rules of Practice for the Pima County Superior Court, and I further certify that this case IS subject to compulsory arbitration, as provided by Rules 72 through 77 of the Arizona Rules of Civil Procedure.
5/13/2010 v.1
RESPECTFULLY SUBMITTED this September 03, 2015 BY: Plaintiff/Attorney for Plaintiff

How would it help to enter arbitration at this point? Isn't that just to negotiate a lower settlement?

Bruno the JDB Killer

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Re: Cach LLC sueing us in Arizona for ~20,000
« Reply #7 on: December 25, 2015 04:22:22 PM »
Arbitration is a mandatory program for disputes valued under $50,000. A court-appointed arbitrator reviews the case to decide a just resolution and award. Arbitration is intended to lower court costs for litigants and allow the Court to utilize judicial resources more effectively.

Before an arbitrator is appointed

When filing a complaint, the plaintiff also must file a Certificate of Compulsory Arbitration which states the monetary amount of the controversy.


There is no advantage to court arbitration. You need the card agreement from the year you defaulted as a starting point. BofA has not had JAMS since 2003. You can only specify a forum listed in the contract. We can't do much for you w/o knowing when you defaulted.
I am not an attorney. Any information I post is strictly my opinion and should be treated as such.

wansu

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Re: Cach LLC sueing us in Arizona for ~20,000
« Reply #8 on: December 25, 2015 04:33:56 PM »
The account was defaulted on in October, 2009. They filed in court a month before the SOL ran out.

wansu

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Re: Cach LLC sueing us in Arizona for ~20,000
« Reply #9 on: December 25, 2015 04:34:32 PM »
Oh yeah...MERRY CHRISTMAS!!!

Bruno the JDB Killer

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Re: Cach LLC sueing us in Arizona for ~20,000
« Reply #10 on: December 25, 2015 05:37:10 PM »
http://www.cardmemberagreements.org/fia/


FIA is their credit card division. Filing for private arbitration is your best shot at this point. The cost can be very high, and it just might be that AAA or JAMS will not take a case from CACH. Most JDBs will not arbitrate when faced with the expense, which can be astronomical.

20K is a good chunk of change, but JDBs have been know to walk away from bigger than that. It could cost them six figure to win, and they just won't spend it. The agreement specifies NAF, which no longer takes consumer cases, so the choice of a "similar" arbitrator is up to the bank. That's where the fight begins, they'll want court arbitration so they can run you over.

Court arb is NOT private arb as specified in the contract. They may whine about the cost of private arb, too bad. They don't have the option of not adhering to THEIR contract any more than you did when you failed to pay them.
I am not an attorney. Any information I post is strictly my opinion and should be treated as such.

wansu

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Re: Cach LLC sueing us in Arizona for ~20,000
« Reply #11 on: December 25, 2015 07:15:46 PM »
Joe Pezzuto. Heh. Bottom feeder.

In what year did you last make a payment on this account?

If it was before 2010, you should be able to compel arbitration of the claims.

Even if it was after 2010, you still may be able to use arbitration.

Last payment made was in 2009. Why do I want to compel arbitration? Do I have little hope of challenging this in court?

Bruno the JDB Killer

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Re: Cach LLC sueing us in Arizona for ~20,000
« Reply #12 on: December 25, 2015 07:43:23 PM »
If you go to court in Arizona, bring a rope to hang yourself with, the chair to stand on, and the ladder.  If they have to provide this for you they will bill your estate. Your chances of winning in court in AZ are about as good as Charlie Sheen passing a drug test.
I am not an attorney. Any information I post is strictly my opinion and should be treated as such.

kevinmanheim

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Re: Cach LLC sueing us in Arizona for ~20,000
« Reply #13 on: December 25, 2015 08:42:59 PM »
Last payment made was in 2009. Why do I want to compel arbitration? Do I have little hope of challenging this in court?
You will lose to CACH in AZ court.

I would file to compel CACH to arbitrate. Private arbitration per the BOA contract.

CACH won't arbitrate. Instead, they will offer to settle to avoid the high costs of arbitration.

Compelling arbitration stops the court case cold. CACH will be stuck settling or arbitrating. They won't arbitrate.

I would not pay Pezzuto or CACH a dime. I would only settle for $0.

BellEbutton

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Re: Cach LLC sueing us in Arizona for ~20,000
« Reply #14 on: December 25, 2015 09:22:29 PM »
You will lose to CACH in AZ court.

CACH will be stuck settling or arbitrating. They won't arbitrate.

I would not pay Pezzuto or CACH a dime. I would only settle for $0.

Or they could dismiss without prejudice.