Author Topic: Being Sued by CACH (Mandarich Law Group) in CA  (Read 582 times)

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Being Sued by CACH (Mandarich Law Group) in CA
« on: August 28, 2017 06:05:13 PM »
Hi Guys,

I'm new to this forum so please be easy on me. As stated on the title I'm being sued by Cach, LLC or Mandarich Law Group. I was never served and the date of filing is on 8/16. Received a pink letter on the mail today saying that I should call for a free consultation and when I opened it it shows my Case Name and Case Number..I looked it up and this is how this thread started.


1.    Who is the named plaintiff in the suit?


2. What is the name of the law firm handling the suit?

Mandarich Law Group, LLC

3. How much are you being sued for?


4. Who is the original creditor?


5. How do you know you are being sued?

Looked up the case number

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

 Wasn't served

7. Was the service legal as required by your state?

8. What was your correspondence (if any) with the people suing you before you think you were being sued?

 Received letter from Mandarich before but never responded

9. What state and county do you live in?

Irvine, CA

10. When is the last time you paid on this account?

Apr. 2016

11. What is the SOL on the debt?

4 Years

12. What is the status of your case? Suit served? Motions filed?

Looked up online and it only shows FILING DATE

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


14. Did you request debt validation before the suit was filed?


15. How long do you have to respond to the suit?

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


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Re: Being Sued by CACH (Mandarich Law Group) in CA
« Reply #1 on: August 28, 2017 06:06:53 PM »
Please see below on what shows on the case lookup (Redacted my name). Also, please see below for the terms and conditions from the Originator - WebBank/Prosper

Thanks guys!


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Re: Being Sued by CACH (Mandarich Law Group) in CA
« Reply #2 on: August 29, 2017 08:19:54 AM »
Hi, I'm mostly a lurker but I've been where you are (different OC, different JDB, but in the same state as you). There are many people here smarter than me, hopefully they'll chime in. Here is my assessment of your situation:

- You've been sued by a JDB (junk debt buyer), CACH LLC, over a Prosper/WebBank debt. Prosper/Webbank is the original creditor (OC).
- You have not been served (that will come any day now though).
- These JDB's buy up debt like this for pennies on the dollar and they file thousands of lawsuits. It's a numbers game, most people don't respond/fight and the court issues a summary judgement and just like that, the JDB can garnish your wages, etc.

I'm not a lawyer, and again, lots of much smarter and more experienced folks on here than me, but if I were in your situation, this is what I'd do:

- First, brace yourself. You have a lot of work ahead of you and you'll need to spend a bunch of time on this site to get a good understanding of what to do. People here can and will help, but only you can do the work that you're gonna have to do.
- You need to fight this. Can't ignore stuff anymore.
- Lucky for you, there's a pretty tried and true method which you can follow here that will (hopefully) result in a win.
- Prosper has an arbitration (ARB) clause in the agreement. Arbitration is a tool that lenders have used in recent history to protect themselves against class action lawsuits. It basically states, "hey, you agree not to sue us if we have a dispute... you agree that we'll go to this alternative to the courts called arbitration." But savvy consumers (many of them on this board) have weaponized these arbitration agreements AGAINST the lenders, it's sort of a loophole because under the consumer rules, your costs are capped but the lender's costs can run up really high.
- So, by electing arbitration you can suddenly make it VERY expensive for the JDB to pursue collecting this debt.


- You're going to file with JAMS. It will cost you $250 to start a case with JAMS. You are basically filing your own lawsuit (complaint) against Prosper/Webbank via JAMS.
- You'll need to download forms from JAMS and fill them out. It appears you can do it all online but I would do it all via print/hardcopy.
- You'll attach the Prosper agreement to your JAMS filing. When I filed a JAMS complaint, I took it into an actual JAMS office and they looked over my filing, and checked the agreement to make sure that arbitration applied.
- You will have to serve Prosper with a copy of your filed JAMS complaint. Do this with certified mail, return receipt requested "CMRRR" - and the "green card" you'll hear about is the return receipt postcard that gets sent back to you as your proof that you sent them the JAMS complaint.
- NOTE: you haven't been served yet, but trust me, that's coming. I don't know if it matters (in theory I think it does), but I think there is value to get your JAMS filing done ASAP, BEFORE you're served. If you do, then when you respond to the lawsuit in the courts, you will be responding that you are already in arbitration about this same matter.
- DOWN THE ROAD (that is, after you've filed for ARB, but within the 30 days you have to respond after you've been served the lawsuit), you will respond to their complaint (the lawsuit they filed) with a "Motion to Compel Private/Contractual Arbitration and Dismiss, or in the Alternative, to Stay the Proceedings pending Arbitration." You'll see this on the boards here as "MTC ARB" [(M)otion (T)o (C)ompel (ARB)itration].
- You'll schedule a hearing on your Motion (the MTC ARB) when you file it. You need to show up for it. Their attorney will try to get the motion thrown out but you need to stand firm and hopefully the judge will grant it, and stay the lawsuit.
- Now you're in ARB, and there's a whole process... selecting an arbitrator, having hearings, discovery, etc., it's all like it's own separate mini-trial.
- HOWEVER, it's very likely that before it gets very far in arbitration, the JDB will look to settle with you.  What is a good settlement? Search for "mutual walkaway" on these boards.

I highly recommend you read this thread, some of the names may be familiar to you:,26571.0.html

One can infer that the result of this came to light in this thread from the same poster:,27873.msg252076.html

Hope this helps. Again I stress: you have a lot of work to do. My explanation above might be spotty, I apologize. Like I said, there are many smarter, more experienced people on here. Hopefully they'll chime in.

ANOTHER SIDENOTE: The Superior Court where you looked up that info, you can spend a little money and download the full copy of the complaint that they filed. You should also be able to set up an account with your email address and subscribe to your case... highly recommended, you'll get emails when new info has been filed in the courts.
« Last Edit: August 29, 2017 08:38:12 AM by TheJugular »


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Re: Being Sued by CACH (Mandarich Law Group) in CA
« Reply #3 on: August 29, 2017 09:06:43 AM »
Some more reading for you from this board. Search is your friend! You can click on the attribution above the quotes and go to the thread that the quote comes from.

Use the HSBC card agreement and file an MTC to get this out of court and into JAMS.  That's a winner against CACH.
From this thread, which is 10 pages long and walks the OP through some rewrites/drafts of the answer to the complaint filed:,29903.0.html

CACH apparently bought your loan; they are in bankruptcy, so who knows how diligent they will be. They pay 2 or 3 cents on the dollar for this junk, and will not spend the money to arbitrate.


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Re: Being Sued by CACH (Mandarich Law Group) in CA
« Reply #4 on: August 29, 2017 09:13:17 AM »


- You're going to file with JAMS. It will cost you $250 to start a case with JAMS. You are basically filing your own lawsuit (complaint) against Prosper/Webbank via JAMS.

An update to what I previously wrote: under item #22 of the Prosper agreement you posted, they will pay the filing fee, so you don't need to spring for the $250.  So you'll file your JAMS paperwork and show them this, and JAMS will just invoice Prosper for the initiation of ARB:

(d) We will pay all filing and administration fees charged by the administrator and arbitrator fees up to $1,000, and we will consider your request to pay any additional arbitration costs. If an arbitrator issues an award in our favor, you will not be required to reimburse us for any fees we have previously paid to the administrator or for which we are responsible. If you receive an award from the arbitrator, we will reimburse you for any fees paid by you to the administrator or arbitrator. Each party shall bear its own attorney’s, expert’s and witness fees, which shall not be considered costs of arbitration; however, if a statute gives you the right to recover these fees, or fees paid to the administrator or arbitrator, then these statutory rights will apply in arbitration.

Bruno the JDB Killer

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Re: Being Sued by CACH (Mandarich Law Group) in CA
« Reply #5 on: August 29, 2017 01:15:18 PM »
For 19K they might take a run at you; expect a bluff at the very least.
I am not an attorney. Any information I post is strictly my opinion and should be treated as such.