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Fight this debt collector- copy and paste onto word program then take it apart fr clarity
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Unfortunately the FDCPA does not cover civil suits; however there is a way to de-rail a civil suit from debt collectors such as, Mandarich Law Group, namely Dirt bag , and maybe some others, once it enters the courts as a cause for action.
Rule number one: Anytime attorneys for debt collectors says something in a civil suit they must back it up with cold hard proof. Rule number two: Refer to Rule number one. We're not attorneys and in no way are we initiating any kind of relationship with anybody of any kind. This is just our experience. Furthermore the following is public domain and is from a real civil suit and is meant only to be a guide and that's all and nothing more. What you do with this information is your business and not ours.
Its just a guide. The best way, based on our experience, is to file an ANSWER and DEMAND FOR PRODUCTION OF DOCUMENTS AND TANGIBLE THINGS FOR INSPECTION FOR TESTING AND SAMPLING SET ONE( this must be on a pleading form otherwise it will be rejected and you will pay extra fees for re-filing). This forces them to prove it and stops them dead in their tracks and if they file an amendment then you can say "oh so you were lying in the first place huh." then Motion to dismiss. If you file just an answer you may have to go to a mediation hearing and possibly lose everything. On the DEMAND make sure you demand the terms and conditions signed by the defendant. Why? Terms and conditions of a contract(s) are copyrighted and are prohibited to be published anywhere without consent. If they do produce one demand a signed written consent. With that the following articles are written word for word form a real civil suit. The problem with it is it is written in plural form and implicates another person who remains UN-named to this day. It is meant only to be a guide. Read this its written in plural form
**********************If you have one like this*****************************
*******************FACTS COMMON TO ALL CAUSES OF ACTION********************
1. Plaintiff is and at all times herein mentioned was, a Colorado Limited Liability Company, and assignee of original creditor, { original creditors name goes here}.
2. Plaintiff is informed and believes that Defendants are individuals who currently reside within the jurisdictional boundaries of the above entitled Court. Therefore, this Court is the proper Court for trial of this action.
3. Plaintiff is unaware of the true names or capacities, whether individual, corporate, associate or otherwise of the Defendants sued herein as DOES 1 through 10 inclusive, and therefore, sues the Defendants by such fictitious names. Plaintiff will amend this Complaint to show their true names and capacities once ascertained.
4. Plaintiff believes that at all times mentioned herein, each of the Defendants was, and is, the agent, servant and employee, employer of each of the other Defendants and also acted in the capacity of and as agent of the other Defendants. Plaintiff also believes that the individual Defendants, and each of them, are jointly and severally liable that the actions described herein were taken as actions for the benefit of the Defendants' separate and/or community property.
5. Plaintiff believes that, for value received, Defendants, and each of them, executed and delivered a credit card application to { original creditors name goes here}, (Plaintiff's assignor) or made such application for credit over the telephone or Internet. Pursuant to the terms of the application and the written terms and conditions sent along with the credit card, Plaintiff's assignor provided Defendants with a credit card, and granted charge privileges on the credit card, account number { account no. goes here XXXX-XXXX-XXXX-XXXX} (the "Account").
6. Prior to the commencement of this action, the Account was assigned for value by { original creditors name goes here}, (Plaintiff's assignor) to the Plaintiff and Plaintiff is its current holder.
7. Defendants agreed to comply with the written terms and conditions governing the use of the Account, as it was amended from time to time, including repaying the Plaintiff's assignor for any charges on the Account including, but not limited to, charges for the purchases of goods and services and/or cash advances and balance transfers along with the interest, late charges, over limit charges related thereto.
8. Defendants used the credit card issued on the Account to make credit card purchases and/or to take cash advances and/or to make balance transfers. Each time the Defendants used the credit card to purchase goods and services and/or to take cash advances and/or make balance transfers, Defendants reaffirmed their agreement to repay Plaintiff's assignor for the amount for the purchase and/or cash advance and/or balance transfer, along with such other charges as may be assessed pursuant to the terms and conditions governing the Account.
9. Pursuant to the terms and conditions governing the Account, monthly statements were sent to the Defendants which itemized all payments made and charges due on the Account.
10. Within the last four years, the Defendants failed to make payments as agreed on the Account. Defendants have failed, refused and neglected to pay amounts due per the terms and conditions governing the Account.
11. As of April 24, 2012, Defendants owe the sum of "{dollar amount of the suit goes here }" with interest thereon.
12. Although demand has been made upon Defendants to pay said amount, no part has been paid, and it is now due, owing, and unpaid together with interest thereon plus attorney's fees.
13. Plaintiff and Plaintiff's assignor have duly performed all promises, conditions and agreements on their part to be performed.
14. The terms and conditions governing the Account provides that the account holder agrees to reimburse Plaintiff's assignor and hence, Plaintiff for the costs and expenses, including reasonable attorney's fees, related to the collection of amounts owing on the Account. Plaintiff has been required to retain the Mandarich Law Group, LLP to pursue collection of the amounts due hereunder.
**********************Turn it into this**********************************
DEMAND FOR PRODUCTION OF DOCUMENTS AND TANGIBLE THINGS FOR INSPECTION FOR TESTING AND SAMPLING SET ONE:
The plaintiff alleges that there are FACTS COMMON TO ALL CAUSES OF ACTION in the complaint.
PROVE IT
"Plaintiff is and at all times herein mentioned was...
{ original creditors name goes here}, ."
1. Produce documented proof that { original creditors name goes here}, "was" a BANK.
"Plaintiff is unaware of the true names or capacities..." of the "Defendants" yet the plaintiff maintains in the complaint that the "Defendants are individuals" ... and "each of the Defendants ... acted in the capacity of and as agent of the other Defendants."... " and each of them, are jointly and severally liable that the actions described herein were taken ... and therefore, sues the Defendants by such fictitious names." It appears that there are two Defendants. One of the alleged Defendants has been named above and on the cover sheet of the complaint while the other of the "Defendants" remains UN-named.
2. Produce documented proof of the identity of the other Defendant.
"Plaintiff is informed and believes that Defendants are individuals who currently reside within the jurisdictional boundaries of the above entitled Court. Therefore, this Court is the proper Court for trial of this action."
3. Produce documented proof that the other Defendant resides"within the jurisdictional boundaries of the above entitled Court."
4.Produce documented proof that the other Defendant has been served with a complaint.
5. Produce documented proof of the proof of service.
"Plaintiff believes that ... Defendants, and each of them" who "are jointly and severally liable that the actions"... that they "executed and delivered a credit card application to { original creditors name goes here}, ... or made such application for credit over the telephone or Internet."
6. Produce documented proof of the signed credit card application that was delivered to { original creditors name goes here}, .
7. Produce documented proof of "....such application for credit over the telephone..."
8. Produce documented proof of "....such application for credit over the... Internet"
The plaintiff alleges the "Defendants agreed to comply with the written terms and conditions governing the use of the Account, as it was amended from time to time..."
9. Produce documented proof of "the written terms and conditions" from {original creditors name goes here}, .
10. Produce documented proof of the "... amended... written terms and conditions"
11. Produce documented proof of the signed "Contract" the "Defendants agreed to comply with..."
The plaintiff alleges the "Defendants owe the sum of { dollar amount of the suit goes here}..."
12. Produce documented proof of the an accounting that details how the Plaintiff calculated the sum of "{dollar amount of the suit goes here }" with proof of ownership
"Plaintiff will amend this Complaint to show their true names and capacities once ascertained."
13. "[A]mend this complaint" and produce documented proof that is filed with the courts and send a copy to the only named Defendant below.
Failure to fulfill this demand in its entirety may or may not result in monetary sanctions.
Otherwise dismiss with prejudice and remain silent
*******************This part below is optional*****************************
WARNING
If you do not timely provide complete verified answers to each of the following post-judgment interrogatories within 35 days from the date these post-judgment interrogatories were mailed to you (30 days plus an additional 5 days for mailing these post-judgment interrogatories to you), counsel for plaintiff may subsequently bring noticed motions before the court to compel answers and to request monetary sanctions.
Continued refusal to provide complete answers after any subsequent court order may result in issuance of further court orders including but not limited to an order to show cause re: contempt.If you have any questions, you should promptly consult with legal counsel of your own choosing.
***************** This part below is NOT optional***************************
Defendant { Defendants name goes here} demands that the above-listed items be produced by , { Defendants name and address goes here} for the purpose of inspection and copying and related activity, such as testing or sampling.
******************************Try this**************************************
File a motion to dismiss with sanctions on the grounds that these is false and misleading statements ( violations of Business and professions codes and maybe others, and the Plaintiff deprived the "UN-named defendant" his or her right to Due Process. This also could double as a complaint to the State Bar in CA.
****************All of the above is public record*************************
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