Author Topic: Pre-Trial in 2 weeks CACH, LLC in Florida Small Claims  (Read 1131 times)

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studioman16

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Pre-Trial in 2 weeks CACH, LLC in Florida Small Claims
« on: August 12, 2013 04:56:28 AM »
I'm new to this legal stuff and learning as I go. So be easy on me..lol Well, here is the run down on my case with CACH, LLC. In their complaint, an "Affidavit of Sale" by OC (GE) Collections Rep employee basically stating she has "reviewed" the information as reflected in the "system" and then goes on to state my alleged balance owed as of 03/22/12. This affidavit is signed in Jan. 2013. A Bill of Sale is also attached to complaint w/ no acct # or my name on it. In addition, the date of 3/22/12 shows as the date several accounts sold to CACH, LLC but the Bill of Sale is signed on 4/25/13, over a year later and 3 months after said Affidavit was executed. To add, the complaint has a date of 5/20/13 and I was served in July.

My argument is 1) As per F.S. 559.715, I was not given written notice of assignment 2) Affidavit does not comply with State of Florida's Evidence rules Self- Authentication 90.902(11) or Hearsay Exceptions Business Records 90.803(6)(a). NOTE: Afiidavit signed in Jan. 2013 and Bill of Sale signed in April 2013 show conflict and also in anticpation of litigation. (Can this alone be grounds for Dismissal w/Prejudice?) 3) Are 2 statements enough for "Account Stated"?  BTW, The counts are ACCOUNT STATED and UNJUST ENRICHMENT.

Bottom line is, if they Lack Standing to begin with, there is nothing more to argue. Is Lack of Standing, especially with the kind of evidence CACH, LLC submitted, enough to Dismiss w/Prejudice?

There are so many things wrong with this complaint and I don't want to over do it on my first post.

I also just found out today I had HARD INQUIRIES from Federated Law Group, who represents CACH, LLC, and P. SCOTT LOWRY, P.A. which is a Law Firm Colorado and also happens to own CACH, LLC. Do I have sufficient info that their inquiries were not "PERMISSIBLE" by law?

Please feel free to ask me any information you may need to help me out on what my best options are here. I plan on making Plaintiff prove all of their complaint. I also have prepared my answers/defenses, but since it is small claims court I don't really need it. But have it ready just in case I need to file it. I also asked for Jury Trial as per small claims rule and I also have a Sworn Denial Affidavit to offset the OC Affidavit.

ANY SUGGESTIONS OR COMMENTS ARE WELCOME!!!

Thanks in advance!!

justbaffled

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Re: Pre-Trial in 2 weeks CACH, LLC in Florida Small Claims
« Reply #1 on: August 12, 2013 02:37:33 PM »
Read it carefully.

It is and Affidavit of Sale and Certification of debt.

It is not an Affidavit of Debt. The Document is hearsay.

studioman16

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Re: Pre-Trial in 2 weeks CACH, LLC in Florida Small Claims
« Reply #2 on: August 12, 2013 03:48:16 PM »
Thanks for the info..
this is what it states basically:

Heading: Affidavit of Sale
State of Minnesota
County of Ramsey

Affiant is a Collections Operations Rep @ GE, issuer of relevant consumer transaction/credit
card. I have reviewed information below regarding debt (acct #) made by (my name) debtor,
made payable to GE and subsequently sold to CACH, LLC.

The amount owed on account on (date), (amount) was sold to
CACH, LLC and is reflected in the system of GE.

(Don't understand the following statement prior to Notary)

The following statement pertains if the debtor referenced above is a state of
California resident: I certify under penalty of perjury under the laws of the
state of California that the foregoing is true and correct.

(Does that mean if I am in Florida that if Affiant lied about my alleged acct, she's good? just asking..)

Flyingifr

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Re: Pre-Trial in 2 weeks CACH, LLC in Florida Small Claims
« Reply #3 on: August 12, 2013 10:51:16 PM »
Quote
the Bill of Sale is signed on 4/25/13, over a year later and 3 months after said Affidavit was executed.

Evidence of robo-signing, which is FRAUD on the Court.

"Your Honor, this "affidavit" is swearing to a state of facts over a year into the future and therefore is  inadmissible, self-serving and fraudulent. I move the case be dismissed on the grounds that the Plaintiff has not met even the barest Burden of Proof."
BTW-the Flyingifr Method does work. (quoted from Hannah on Infinite Credit, September 19, 2006)

I think of a telephone as a Debt Collector's crowbar. With such a device it is possible to pry one's mouth open wide enough to allow the insertion of a foot or two.

Morality of Debt? No one ever went to the Nether Regions for not paying a debt.

Founder of the Credit Terrorist Training Camp (Debtorboards)

studioman16

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Re: Pre-Trial in 2 weeks CACH, LLC in Florida Small Claims
« Reply #4 on: August 12, 2013 11:48:41 PM »
Thanks a million Flyingifr!! You've confirmed what I knew was the case, but didn't know how to word it. FRAUD is strong in the courts and wasn't sure if I should acuse. This complaint from CACH, LLC is not only fraudulent in nature but with intent and deceitful purpose! Not going to worry about a counterclaim for now, but just in case, do I have an argumemt to file suit for FDCRA violation?

Also,this is in small claims in Florida, once Plaintiff presents its case can I move for Summary Judgement or move to dismiss w/ prejudice? I just think SJ is more powerful and better than a dismissal..

Thanks again for replying!!! Made me feel a lot better about this!! :)

studioman16

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Re: Pre-Trial in 2 weeks CACH, LLC in Florida Small Claims
« Reply #5 on: August 13, 2013 02:21:06 AM »
Found this while doing my searches and wanted to share..cases which CACH, LLC lost by not able to prove assignment.. click on bottom of page opinions 1 & 2!!!

 http://www.showmecourts.org/2012-elections/judge-stovall-reid

frustratedaboutcollectors

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Re: Pre-Trial in 2 weeks CACH, LLC in Florida Small Claims
« Reply #6 on: August 13, 2013 03:25:09 AM »
What is considered reasonable time for an affidavit to be made from an OC employee?

studioman16

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Re: Pre-Trial in 2 weeks CACH, LLC in Florida Small Claims
« Reply #7 on: August 13, 2013 04:05:33 AM »
To my understanding and through endless nights of research:

1) if it was done in anticipation of litigation and not as an normal course of business, then it can be considered Hearsay. (Refer to Laws in your state)
2) If Affidavit is done 2 to 3 months prior to lawsuit and account was sold over a year ago, it is obvious that JDB was planning or anticipating a lawsuit against you.
2) Normally, it should be done "at or near the time of occurence". I guess that would mean give or take a month or two and not 1 year. In Florida, F.S. 90.902(11) and F.S. 90.803(6)(a) explains this.
3) When an OC sells a debt, most of the time they will not even get involved. That's why most, if not all of these affidavits are worthless.
4) Last, but not least, it depends on what side of the bed the Judge woke up on to admit or not. However, you have the LAW on your side if that happens for an appeal if necessary.

I'm NOT a lawyer, so anything I say or give my opinion on is just from my personal experience and/or research. Hope this helps..

Studioman16

studioman16

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Re: Pre-Trial in 2 weeks CACH, LLC in Florida Small Claims
« Reply #8 on: August 13, 2013 04:18:50 AM »
Forgot to add, CACH, LLC and the lawyer (also an owner of CACH, LLC) made a hard pull on my CR about a year ago. I can see this as "PERMISSIBLE PURPOSE", however, the lawyer here in Florida who filed suit representing CACH, LLC also made a hard pull on my CR in December 2012 a couple of months prior to filing suit. I consider this NOT a "PERMISSIBLE PURPOSE" and in violation of FDCPA. If I win my current case, it will be looking good for a lawsuit against them as they have misrepresented their position by not having the legal right to collect. Just saying!!


Studioman16

quill

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Re: Pre-Trial in 2 weeks CACH, LLC in Florida Small Claims
« Reply #9 on: August 13, 2013 05:19:23 AM »
read these;  the florida judges rulings clearly explain different points of Florida laws regarding

required filings

http://www.nclc.org/images/pdf/unreported/Matthews.pdf

notice of assignment,

http://www.nclc.org/images/pdf/unreported/lvnv_harris.pdf

hearsay affidavits & lack of proof

http://www.nclc.org/images/pdf/unreported/Moehrlin.pdf
http://www.nclc.org/images/pdf/unreported/lvnv_shecter.pdf

studioman16

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Re: Pre-Trial in 2 weeks CACH, LLC in Florida Small Claims
« Reply #10 on: August 13, 2013 06:31:28 AM »
Thanks Quill!! This is GREAT stuff!!!

Will definitely come in handy!!

Studioman16

 

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