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IN THE COURT OF COMMON PLEAS FOR THE STATE OF DELAWARE IN AND FOR NEW CASTLE COUNTY CACH, LLC, Plaintiff v. DEBORAH J. TAYLOR, Defendant. ) ) ) ) No. CPUU4-12-003000 ) ) ) Submitted: January 11, 2013 Decided: February 19, 2013 On Plaintiff's Motion for Summary Judgment DENIED On Plaintiff's Request for Continuance DENIED Patrick Scanlon, Esquire, Milford, Delaware, for Plaintiff George E. Evans, Esquire, Wilmington, Delaware, for Defendant ROCANELLI, J. This is a consumer debt collection action filed by Plaintiff CACH, LLC ("CACH") against Defendant Deborah J. Taylor. According to CACH, Ms. Taylor owes money to CACH as the assignee of a debt arising from a $6,000 check offered to Ms. Taylor as a loan. Also according to CACH, Ms. Taylor negotiated the check and therefore agreed to the terms and conditions of a loan. On August 2, 2012, CACH filed the Complaint, alleging that an agreement existed between Ms. Taylor and creditor HSBC Consumer Lending (USA) Inc. ("HSBC"); that CACH purchased the account between Ms. Taylor and HSBC from HSBC; that Ms. Taylor breached the contract by failing to make payments; and that CACH incurred damages in the principal amount of $12,593.26 plus interest and costs. CACH claims to be the assignee of the account.1

CACH did not include in the caption the name of both the original creditor and the current assignee as required by Admin. Directive No. 2011-1 (Del. Com. Pl. Mar. 16, 2011).

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On September 19, 2012, counsel for Ms. Taylor filed an Answer admitting only to her address for service and denying all other allegations in the Complaint. Ms. Taylor also set forth a number of affirmative defenses, including a statute of limitations defense. On September 20, 2012 a civil trial for the matter was scheduled to take place on January 11, 2013. The following day, September 21, 2012, CACH served Ms. Taylor with a Request for Admissions, Interrogatories, and Requests for Production. Ms. Taylor filed Answers to CACH's Request for Admissions on October 22, 2012. Ms. Taylor denied all requests for admissions with the exception of Request 3 and Request 5, which read: Request 3: That the signature on the reverse side of the check attached hereto as Exhibit "A", is Defendant's signature. Response 3: Admitted. Request 5: That Defendant cashed and/or deposited the check attached hereto as Exhibit "A" in the amount of $6,000.00. Response 5: Admitted. Ms. Taylor did not respond to the Interrogatories or Requests for Production, and CACH did not file a motion to compel. On December 3, 2012, CACH filed a Motion for Summary Judgment, arguing that there are no genuine issues of material fact. CACH claims that it is entitled to judgment as a matter of law because Ms. Taylor admitted that she cashed the $6,000 check subject to the lawsuit and that Ms. Taylor defaulted on payments due. At CACH's request, a hearing on the Motion was scheduled for January 11, 2013, the same day the case was scheduled for trial. CACH did not request that the trial be continued. Ms. Taylor served CACH with Requests for Production on December 10, 2012. CACH filed a response to Ms. Taylor's Request for Production on January 8, two days before the

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scheduled hearing and trial. Ms. Taylor responded to CACH's Interrogatories and Requests for Production on January 9, 2013. On January 10, 2013, Ms. Taylor filed a response to CACH's Motion for Summary Judgment, arguing that questions of material fact exist because the check in question was issued by "Beneficial" and no records were presented to establish CACH as the owner of the Beneficial account. Therefore, according to Ms. Taylor, CACH did not have standing to bring the present action. Ms. Taylor also argued that the action is time-barred under the statute of limitations, 10 Del. C.

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