Author Topic: Please tell me I can still win!  (Read 4304 times)

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sunstarr

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Please tell me I can still win!
« on: December 04, 2010 05:36:29 PM »
I'm not sure of the correct legal terminology on how to explain my situation, but I will try. My husband is currently being sued by CACH.  Their attorney recently sent an affidavit from an employee of CACH and an affidavit from an employee of the original creditor stating the account was sold to CACH, blah blah.  There are 3 different account numbers on the affidavit from the OC.  Is there any possible way we even have a chance to win this since the OC is involved?

eagle5166

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Re: Please tell me I can still win!
« Reply #1 on: December 04, 2010 10:26:39 PM »
Does the affidavit from the OC say anything else other than that the account was sold to CACH?  Also what is the date on the affidavit?

kevinmanheim

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Re: Please tell me I can still win!
« Reply #2 on: December 04, 2010 10:36:23 PM »
Let me guess. Bank of America is the OC, right?

nobk4me

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Re: Please tell me I can still win!
« Reply #3 on: December 05, 2010 06:15:47 PM »
I think you posted on the "other" site, and I responded there.  My suspicion is that CACH forges these allegedly "OC" (BofA) affidavits.  Every example I have seen in various online forums has an affiant with a profile on LinkedIn.  I suspect they are getting names off the internet.

The notaries are legit, according to the NC secretary of state.  But there are ways to get this info and forge this too.  The signatures are all illegible, scribbles that anyone could make.

Maybe we could get some AG interested in taking them down?

As for the OP's situation, the arbitration strategy should work very well for you.

Molon labe

Judgment Proof!

CleaningUp

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Re: Please tell me I can still win!
« Reply #4 on: December 05, 2010 06:28:41 PM »

One can always subpoena the affiant to testify at trial and ask them the name of the company that deducts their taxes from their paycheck.

Don't let your assumptions get ahead of your facts.


sunstarr

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Re: Please tell me I can still win!
« Reply #5 on: December 06, 2010 12:54:34 AM »
Does the affidavit from the OC say anything else other than that the account was sold to CACH?  Also what is the date on the affidavit?

It only says the account was sold to CACH.  The date of the affidavit is April 13, 2010. 

sunstarr

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Re: Please tell me I can still win!
« Reply #6 on: December 06, 2010 12:56:02 AM »
One can always subpoena the affiant to testify at trial and ask them the name of the company that deducts their taxes from their paycheck.

Don't let your assumptions get ahead of your facts.

But what if the guy really does work for Bof A?  Wouldn't we have to pay his travel expenses if we lose?

sunstarr

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Re: Please tell me I can still win!
« Reply #7 on: December 06, 2010 12:56:41 AM »
Let me guess. Bank of America is the OC, right?

Yes, it is Bank of America. 

sunstarr

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Re: Please tell me I can still win!
« Reply #8 on: December 06, 2010 12:59:40 AM »
I think you posted on the "other" site, and I responded there.  My suspicion is that CACH forges these allegedly "OC" (BofA) affidavits.  Every example I have seen in various online forums has an affiant with a profile on LinkedIn.  I suspect they are getting names off the internet.

The notaries are legit, according to the NC secretary of state.  But there are ways to get this info and forge this too.  The signatures are all illegible, scribbles that anyone could make.

Maybe we could get some AG interested in taking them down?

As for the OP's situation, the arbitration strategy should work very well for you.


How can I prove this is forgery?  And what is AG? 

I really appreciate everyone's help.  We're pretty much clueless on how to fight this and we feell like we've lost already.

eagle5166

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Re: Please tell me I can still win!
« Reply #9 on: December 06, 2010 01:47:08 AM »
It only says the account was sold to CACH.  The date of the affidavit is April 13, 2010.

A few months back.  The BOA may not necessarily be involved, assuming it isn't a forgery.  They may have just given the OC that when they sold it.  The JDB would still need BOA to testify as to your contract and your debt at any trial.

howucantoo

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Re: Please tell me I can still win!
« Reply #10 on: December 06, 2010 02:00:26 AM »
Yes, it is Bank of America. Check your card numbers BOA always changes the account number when they sell to CACH LLC.
I am sure you got the FALSE affidavit that someone from CACH LLC signed and notarized with first hand knowledge of this account RIGHT? Account sold by BOA are without Recourse(Says right on the BILL OF SALE ) translate to NO documents to be provided by BOA.

I am not an attorney, just  type" A" personality.
If you need legal help, you should seek legal counsel.

nobk4me

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Re: Please tell me I can still win!
« Reply #11 on: December 08, 2010 11:16:17 PM »
AG = state attorney general.

Howucantoo:  interesting.  In my case, CACH provided an affidavit supposedly signed by a "Bank Officer"  (nice generic title) of OC BofA, but they did not provide any bill of sale.
Molon labe

Judgment Proof!

sunstarr

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Re: Please tell me I can still win!
« Reply #12 on: December 08, 2010 11:49:48 PM »
AG = state attorney general.

Howucantoo:  interesting.  In my case, CACH provided an affidavit supposedly signed by a "Bank Officer"  (nice generic title) of OC BofA, but they did not provide any bill of sale.

That's exactly the same as mine.  Some "bank officer" and no bill of sale. 

pro se active

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Re: Please tell me I can still win!
« Reply #13 on: December 09, 2010 08:51:04 AM »
I got an affidavit from Cach too and it was BOA.  Was the bank officer a Rachel Miller on yours and Joy E Jefferson the notary? What I can't understand is, how can Cach bring suit via this jdb lawyer when Cach isn't allowed to collect in my state.  I'm going to call my Attorney General tomorrow.  I am on my 2nd round of rog with this #@ lawyer he won't answer any of my interrogatories. If they wanted to win this case why not show a bill of sale?

Did any of you get a letter from Cach this week stating their privacy policy; that if you go to their web site they put cookies on your computer and also where they collect info on you from?  Considering I've never done business with them this was a strange piece of mail.
I am not an attorney.  I am just pro se active!

sunstarr

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Re: Please tell me I can still win!
« Reply #14 on: December 09, 2010 03:37:15 PM »
The name on the affidavit in my case is Dennis Maradei and the notary is Alicia Nicholson.

 

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