Topic: Received summons from CACH, LLC. I have a few questions.

[tlhweop]

Hello, I have received a summons on a complaint regarding common counts and breach of contract.  There are also two causes of action: Breach of Contract and Account Stated.  I reside in Orange County, California.  Please help me, I'm not sure what to respond with.

Also, I'm not sure if I can take them out of the court through arbitration because they do not state when my credit card was opened so I do not which yearly agreement I can look at.  However, they did say that within four years X has failed to pay X, and as of July 2011, X owes the sum of XXXXX.

In addition to this:

1) Is it still okay/safe to ask for DV even though I have been served? (It's still within 30 days within the first contact)

2) Are there any other things I should do or look at before or after I send in an answer?

3) How should I answer my summons and what should I deny/admit exactly?

4) If all goes down the drain, should I just file for bankruptcy instead?

[howucantoo]

Who's the original creditor?

What was attached to the complaint?

Have you answered ?

Go to arbitration section and read. Right below is section for card agreement,s pick one that has JAMS.

SOL for CA is 4 yrs, but first find out when the alleged account went into default.

Have you checked your credit reports ?  You're entitled to a free report once a year, order hard copies of all three, transunion, Equifax, Experian, if you haven't.

[tlhweop]

Original creditor is BoA.  I believe JDB/Plaintiff is CACH, LLC and is represented by a law firm. I'm not sure what you mean by what was attached to the complaint.  The only thing besides the complaint was an Alternative Dispute Resolution Stipulation packet.

I have not answered. 

Can I found out when the alleged account went into default by asking for a DV? 
I have not checked my credit reports and will check it as soon as I can.

Also, I have trouble finding a JAMS agreement or any arbitration clauses for BofA.  The only one I can find is ineligible from http://teh402.blogspot.com/2010/03/arbitration-agreements-bank-of-america.html

[howucantoo]

It is too late for DV , you have been served , need to file answer.

Was there an affidavit of CACH's employee, account statement any of those  attached?

Read your state rules of procedures , some states like mine if the complaint does not include written agreement/contract, statements or affidavit explaining why those were not attached it is ground for dismissal. See what are requirements in your state.

Read these links ,  last one is for BOA card agreements ;

http://www.debtorboards.com/index.php/topic,5303.0.html   (steps in litigation)
http://www.debtorboards.com/index.php?topic=8494.0   
http://www.debtorboards.com/index.php/topic,2536.15.html 
http://www.debtorboards.com/index.php?topic=11546.0   
http://www.debtorboards.com/index.php?topic=12347.0   
http://www.debtorboards.com/index.php/topic,12.0.html   
http://www.debtorboards.com/index.php/topic,11899.0.html     
http://www.debtorboards.com/index.php/topic,10980.msg90292.html#msg90292   

[kickinanscreamin]

If you check your credit report, you will likely find that B of A was the creditor and sold the account.

CACH is a JDB that buys B of A accounts.  I believe that B of A has Delaware as choice of law and the SOL for Deleware is 3 years.  I would check with a local attorney to see if your state will use the Delaware SOL.  If you have not made a payment or charge in over 4 years, the California SOL would give you safety.

In my response to the summons, under affirmative defenses, I would state that the plaintiff is time barred from bringing a lawsuit on this account and motion to dismiss with prejudice.

[freedy]

Does anyone have a update on how the SOL of 3 yrs on a BOA account applies in  NJ ?

[nobk4me]

An arbitrator in JAMS may accept the Delaware SOL even if your state's courts wouldn't.

[howucantoo]

Except that BOA 2003 with JAMS has AZ law.

The DE contracts are NAF only and may get you a court appointed arbitrator.