Legal

Ask a lawyer and get answers to your legal questions

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

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.

Show More
Show Less
Ask Your Own Legal Question
Answered in 5 minutes by:
3/14/2018
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 13,465
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.

Ask Your Own Legal Question
Customer reply replied 4 months 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…

Ask Your Own Legal Question

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

Ask Your Own Legal Question

Did they fail to sign it or something?

Ask Your Own Legal Question
Customer reply replied 4 months 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.

Ask Your Own Legal Question

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

Ask Your Own Legal Question
Customer reply replied 4 months 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:-)?

Ask Your Own Legal Question
Customer reply replied 4 months 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?

Ask Your Own Legal Question
Customer reply replied 4 months 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:

  1. Could you look on your screen and provide me a star rating? 5-stars are always appreciated.

  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: 13,465
Experience: Licensed to practice before state and federal court
Verified
Legal Eagle and 87 other Legal Specialists are ready to help you
Ask your own question now
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Legal Eagle Your Own Question
Legal Eagle
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 13,465
13,465 Satisfied Customers
Experience: Licensed to practice before state and federal court

Legal Eagle is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

24,657 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

22,408 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

44,066 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo Senmartin

Guillermo Senmartin

Lawyer

300 satisfied customers

Principal Attorney at Guillermo J. Senmartin, P.A.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

17,183 satisfied customers

Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.

< Previous | Next >

Related Legal Questions
I want to Know the legal allotted time between the Bill of
I want to Know the legal allotted time between the Bill of Sale and assignment of Loans. Exbit C . From Bank of America to Cach LLC and The Affidavit of the authorized representative and custodian of … read more
Attyadvisor
Attyadvisor
Doctoral Degree
8,265 satisfied customers
I have basically drafted an answer to my civil suit as I was
I have basically drafted an answer to my civil suit as I was unable to get timely help from my local legal aid or self help department at the local courthouse. Would you please simply look over the re… read more
Ray
Ray
Lawyer
Doctoral Degree
33,378 satisfied customers
I received a civil summons from Portfolio Recovery Services.
I received a civil summons from Portfolio Recovery Services. They are seeking over $6, 000 from a debt they bought from Wells Fargo. I had an agreement with Wells Fargo to draft an amount from my chec… read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
37,859 satisfied customers
I seem to be getting calls from multiple collection and seem
I seem to be getting calls from multiple collection and seem to be law firms about one payday loan company and they are threading me with a law suit. None can supply proof of debt and I have not seen … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
30,599 satisfied customers
In 2011 both me and my husband lost our jobs. We have struggled
In 2011 both me and my husband lost our jobs. We have struggled to sell what we could to pay off our debt but we have been unable to settle one credit card with Citibank. The account was assigned to C… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
44,066 satisfied customers
I have a collection agency (so-called law firm) trying to collect
I have a collection agency (so-called law firm) trying to collect on an old debt from a Wells Fargo credit card which was stolen and fraudulent charges were made. I contacted Wells Fargo immediately a… read more
Dimitry K., Esq.
Dimitry K., Esq.
Attorney
Doctoral Degree
17,183 satisfied customers
My bank sold my unpaid credit card balance to a new creditor
My bank sold my unpaid credit card balance to a new creditor 'cach, LLC' and the new creditor hired a law offices to collect the fund. I have an agreement with the law office to make a one time paymen… read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
22,408 satisfied customers
when responding to a civil complaint - do you include exhibits
when responding to a civil complaint - do you include exhibits or just respond to their allegations and look to substantiate your responses in subsequent motions for dismissal etc.. ?… read more
JB-Umphrey
JB-Umphrey
Attorney & Counselor
Juris Doctor
606 satisfied customers
On the Unlawful detainer UD -100 form, I wrote a plaintiffs
On the Unlawful detainer UD -100 form, I wrote a plaintiff's declaration attached to the complaint and filed with with court. I did not verify the declaration, do I need to fix that ? (I already reque… read more
CA Lawyer
CA Lawyer
Partner
Doctoral Degree
255 satisfied customers
The last of July,2010, I received a letter from a law firm
The last of July,2010, I received a letter from a law firm in Little Rock, Ar., trying to collect a credit card debt supposedly my wife had created. I called them and told them that my wife had suffer… read more
Dave Kennett
Dave Kennett
Doctoral Degree
25,741 satisfied customers
I filed an answer to a civil summons in June 2010 in arapahoe
I filed an answer to a civil summons in June 2010 in arapahoe county colorado from a collections claim. I requested that the debt be verified as I have multiple debts I had been working with. In late … read more
cfortunato
cfortunato
J.D.
7,967 satisfied customers
I want to file a pro per/pro se lawsuit in Quitman County,
I want to file a pro per/pro se lawsuit in Quitman County, Mississippi. I would like to know the exact forms I have to use for actual filing (i.e., the complaint, any requirements for delivery of the … read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,935 satisfied customers
In 4/08, I received a call from a Debt Collector Agency (Cach
In 4/08, I received a call from a Debt Collector Agency (Cach LLC) stating I needed to pay off a Chase account. I asked for verification of it and was sent a copy of the letter through e-mail. I paid … read more
socrateaser
socrateaser
1,031 satisfied customers
A law office sent me a letter saying I owed 5084.00. I wrote
A law office sent me a letter saying I owed 5084.00. I wrote them back disputing the debt. About 2 weeks ago they wrote me back saying it could take up to 180 days for them to get the information. I'v… read more
JB-Umphrey
JB-Umphrey
Attorney & Counselor
Juris Doctor
606 satisfied customers
I received a complaint and summons from the sherriffs office
I received a complaint and summons from the sherriffs office in essex county, Massachusetts for an unsecured credit card amounting to 50,000. I was given 20 days to file a response. I physically walke… read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
22,408 satisfied customers
My husband has a development and acquisitions LLC for property
My husband has a development and acquisitions LLC for property development in Palm Desert. Construction was on track until early this year when the anticipated additional financing from China fell thr… read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
22,408 satisfied customers
So, a bank wants to sue for a credit card balance of $4000
So, a bank wants to sue for a credit card balance of $4000 from 2005.. They hire a law firm, or collection agency, to file paperwork and deliver the paperwork to an old address.. (they called me and t… read more
Allen M., Esq.
Allen M., Esq.
Officer and former adjunct prof.
Juris Doctor, Cum Laude
20,535 satisfied customers
A Summons/Notice to Appear for Mediation/Pre-Trial Conf
A Summons/Notice to Appear for Mediation/Pre-Trial Conference was delivered to my sister's house (where I temporarily reside) in my absence. IS THIS A "LEGAL" SERVING AND MUST I RESPOND? Can a collect… read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x