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Posted: Wed Jan 17, 2007 10:35 am Subject: Being sued by CACH, LLC

I had a car that was repossesed. There is a $7,699 deficiency on this. I just received a court document dated 12/13/06, Request for entry of Default. What can I do from here. CACH, LLC won't deal with me. they want the entire amount now. They won't make payment arrangements. They have called me at my place of employment, even after I've told them it was my place of employment, they sent this court document to my place of employment. I don't want a judgement against me. I was thinking bankruptcy, however I don't know if I can. What should I expect next from the courts? Do I have any legal recourse? I live in Sacramento CA. I earn $22.78/hr and have child support and alimony I have to pay. I also have dependants that I care for. Please help.

Posted: Wed Jan 17, 2007 10:50 am Subject:

Your first step is to verify with the county clerk if there is any legal case filed against you. It will become clear if CACH is telling you the truth or not. You don't need to make payment arrangements with them if the matter is already reached the court. All explanations will be heard by the judge. Take your income stub and other necessary documents to prove your total income in a month. Calculate all expenses with documents. The judge will set the repayment plan after analyzing your income. There is nothing to worry because the court will order according to what you can afford. It will be much easier dealing with them rather than CACH.

Don't miss the court date because if you are not present in the hearing, CACH will get a strong point and explain to the judge that you are trying to avoid payments. The judge will find their story to be true and put a default judgment against you.

Posted: Wed Jan 17, 2007 10:52 am Subject:

The next thing they will do is wage garnishment.

I think you should consider bankruptcy.

Posted: Wed Jan 17, 2007 11:22 am Subject:

Definately make sure that their forms are legit. CACH will try any means necessary to scare you into immediate payment. That would be my absolute first step.

Posted: Wed Jan 17, 2007 11:29 am Subject:

I just spoke with a credit counceling agancy that has attornies that represent me in this matter if I have them try and settle this debt. Corrct me if I'm wrong, but isn't it true that there has to be a judgement before they can have my wages garnished?

Posted: Wed Jan 17, 2007 11:47 am Subject:

Their forms are legit. I called and the Default was denied. I'm sure theyu will resubmit. Should I persue the agency or file bankruptcy?

Posted: Wed Jan 17, 2007 1:00 pm Subject:

Wages cannot be garnished without court orders. Your payroll needs to see the writ of garnishment from the court before deducting money from your account. If you see no other alternative other than filing bankruptcy, consult an attorney. Judgments can also be included in bankruptcy. If I were in your place, I would have tried to defend myself in the court. Bankruptcy is the last option and can be filed anytime. Judgment and bankruptcy are negative items that will equally tarnish the credit report. The only difference is that judgment will stay for seven years whereas bankruptcy stays for 10 years.

Posted: Wed Jan 17, 2007 1:01 pm Subject:

Do you have other debts to include in your bankruptcy? You may want to do so. What state do you live in? There are only certain percentages that can be garnished per paycheck, take that into consideration as well. For example, if you didn't file bankruptcy, and they were to garnish 25% per week, but the debt is getting paid, will that be detrimental to your income.

Posted: Wed Jan 17, 2007 4:10 pm Subject:

Be careful when dealing with CACH LLC. Were you served with court documents? I would also send them a dv letter asking them to validate the debt. I know CACH LLC is being sued by a lot of people for not following fdcpa laws. They are one of the worst in the industry from what I've read on Budd Hibbs website.

Posted: Thu Jan 18, 2007 8:56 am Subject:

File motion to oppose default. Set a court date and make them lowlifes prove that it is your debt,that they have the legal standing to sue, and that they have the evidence required to verify this account. Do not call them. Send a debt validation letter to this attorney immediately. If you were not summoned before he tried for default judgement,he is pushing law and I would file a motion to dismiss with predijice. I would also file a complaint with state bar association against this attorney.

Posted: Sat Jan 20, 2007 6:21 pm Subject:

They haven't validated my debt request yet. I have read they rarely do this but I will also be sending a 2nd follow up letter when the time comes.

Posted: Thu Feb 22, 2007 5:37 pm Subject:

cajunbulldog,
How do you file a motion against them? I got a summons from them with no court date. It stated voluntary consent, I think it was a trick to get me to sign the paperwork. I sent them a validation letter instead. Still waiting on a reply, it has only been a week.

Posted: Fri Feb 23, 2007 6:16 am Subject:

fedupinpa,

Call your local courthouse to see if a court date has been set.

Posted: Fri Feb 23, 2007 9:39 am Subject:

I did call the prothonotary office, there is no court date yet, a motion was just filed.

Posted: Fri Feb 23, 2007 1:27 pm Subject:

Does it say you have 28 days to respond to them and to the court?

Posted: Sat Mar 03, 2007 12:52 pm Subject:

Hey Mishele
The sent me a reply on the debt validation, it simply stated that I could not make monthly payments, they wanted their payment in full. No validation, the original paperwork that came from the sheriffs office has a copy of the bill in it, but get this, the bill has providian on it, not cach.
They sent me what is called "an important 10 day notice" Jerks said I had 10 days from the date listed on the letter. Wrote it on a friday and mailed it on a monday, so there went 2 of my days over the weekend, plus time for mail travel. I filed my answer in time at the courthouse and mailed them a copy with the prothonotary stamp on it. Sent it in an evelope that they mailed me to send back there consent by judgement, I figured let the postage be on them.

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