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I am trying to file a Response to a complaint to a debt from…

I am trying to...

I am trying to file a Response to a complaint to a debt from a collection firm, CACH LLC. I wanted to dispute the case and request proof of debt. On their claim I am not sure if they provided "Verification". I do see exhibits 1 and 2 attached but they are simply general statements not the actual contract from the original loan. How can I confirm these aren't considered "Verifcation"?

Lawyer's Assistant: Can you tell me what state the LLC is registered in?

California

Lawyer's Assistant: What steps have you taken so far?

I was supposedly server with paperwork but at an old address. I went to my nearest courthouse today and obtained the original complaint. I was hoping to file a response today since the 30 days from the original delivery date has passed. served*

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No that is all.

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Answered in 5 minutes by:
3/14/2018
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 10,210
Experience: Licensed to practice before state and federal court
Verified

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Customer reply replied 1 month ago
Sure.

Great, thank you! The system may automatically ask you for a phone call; however, it’s not required that you take it. Bear with me a moment while I review…

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Ok, so if I understand you correctly, your main concern is about the verification, is that right?

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Did they fail to sign it or something?

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Customer reply replied 1 month ago
That is correct. The lawyer did sign the last page of the complaint. However, the document indicates (If you wish to verify this pleading, affix a verification). I'm not sure what a verification is supposed to be. Is it a statement or some time specific documentation? My goal is to respond and ask the Plaintiff to provide additional Loan Agreement Documentation.

I see. So, typically a plaintiff verifies a complaint by attaching a page at the end containing a statement made under oath that:

In most cases, the lack of a verification of a complaint won't make the complaint invalid.

What it seems like you may need is a proper response to this lawsuit. If I can ask; have you answered the lawsuit yet?

  • The plaintiff has reviewed the complaint.

  • Regarding the allegations of which the plaintiff has personal knowledge, the plaintiff knows or believes them to be true.

  • Regarding the allegations of which the plaintiff does not have personal knowledge, the plaintiff believes them to be true based on specified information, documents, or both.

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(I specialize in debt collection lawsuits so you're in good hands).

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Customer reply replied 1 month ago
Not yet, I was trying to file an answer today actually but was trying to figure out how to complete the Answer Form before I file it in court.

I see. Ok, there are some things you should consider. The first thing that is important to do is to respond to the lawsuit. It’s recommended that you respond to the lawsuit. Most jurisdictions require that you respond within 30 days after the lawsuit is filed, meaning there isn’t a lot of time to do so. One thing that you can do is click here to purchase a template “Response to Creditor Lawsuit” that you can edit to your liking, make three copies, and file that in the same court where the lawsuit was initiated. Keep in mind that even if you are responding to a lawsuit, most courts require a filing fee. The court will stamp that the docs have been received. The court will keep one copy of the received document and the court will give you back stamped copies of the others (one for you to keep and one for you to serve).

When you get those documents, you should go to www.thumbtack.com and find a process server. A process server is a person who will serve a copy of the lawsuit on the other party. Service is required when you are suing someone for almost all papers you file with the court. A process server must be at least 18 years old and not involved in the case in any way. If you have a friend or family member who can do it, they can serve it for you, too. Otherwise, most process servers charge something like 50-100 dollars. Once service is complete, the process server will typically have to file a “proof of service” form to swear to the court that they filed the documents.

In the meantime, the court will set up court dates like the case management conference (where the parties update the court as to the process of the case). You will also have a chance to conduct “discovery” with the other party. The basic discovery process is a good tool for people involved in a lawsuit to find out information the other party has. Discovery usually can’t begin until about 10-14 days after filing the initial complaint, depending on your jurisdiction. Through the discovery process you can usually a) request documents to help your case; b) conduct a deposition (which is a formal interview of certain parties); c) request admissions to certain things so there is less time wasted at a potential trial.

Regardless, sometimes, just settling the debt is the easiest thing to do. It doesn't always appear as if it's the easiest thing to do, but every single day lawyers across the country are explaining to their clients that if they just work on settling their debts in a way that makes sense for them and they are going to be in a better position in the long-term.

What other questions did you have for me today that I can help you out with:-)?

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Customer reply replied 1 month ago
I think I've received all the help I can obtain for now. Thank you! My goal is actually to file an answer and attempt to get this company to respond with the original contract documentation to prove the debt. The company is known for obtaining accounts without this information so I am hoping they are not able to produce the original documentation. Ultimately, if I do end up having to pay the debt I will have gained some additional time to come up with what they are asking for which is about $9,000.00

I understand. You may be able to find all that stuff through discovery.

The basic discovery process is a good tool for people involved in a lawsuit to find out information the other party has. Discovery usually can’t begin until about 10-14 days after filing the initial complaint, depending on your jurisdiction. Through the discovery process you can usually a) request documents to help your case; b) conduct a deposition (which is a formal interview of certain parties); c) request admissions to certain things so there is less time wasted at a potential trial. For example, you can verify that a person was driving a certain car or is a resident of a certain state by asking, “Please admit you live at*****”; d) and there’s also what are called interrogatories. These are basically questions that you ask the other side like “Were you drinking alcohol the night of the accident?”

The other party usually has 30 days to respond in writing to you. You don’t file any of this stuff with the courts. The only time the court gets involved is if the other party doesn’t respond or won’t comply with the request. That party can ask for a protective order against you and you can ask for a motion to compel the other party to comply. The decision will be up to the judge.

Discovery usually has to be done about two weeks before trial, but most cases are resolved by the discovery phase.

Did you have any other questions for me today that I could help you with?

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Customer reply replied 1 month ago
That is all the information I needed. Thank you for providing this information.

The pleasure is all mine! Unless you have additional questions, there’s just a few other things I’d like you to know before we wrap up this conversation:

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  2. You can save me as a favorite if you would like.

  3. For your benefit, you can also click here in the future to request me individually.

  4. Don’t forget, if you haven’t already, you can always sign up for a membership with Just Answer and start asking more questions for cheap.

  5. Don’t forget to tell your friends about justanswer.com!

Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 10,210
Experience: Licensed to practice before state and federal court
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