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#17
09-23-2009, 03:52 PM
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cach llc
Hate to say this, but they can sue and do. My sister just lost her case against them and went to court this month. She is now ordered to pay 8,900 dollars. She said they had come to an agreement of 75.00 a month. She thought everything was okay. Then she got a summons for court and was ordered to pay the sum in full. She is devasted. Good luck to you.
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#18
09-23-2009, 04:01 PM
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They do sue. My sister just lost a case to them and now owes 8,900. She and cach llc had come to an agreement of 75.00, so she thought. Next thing you know she recieves a court summons and after going to court, was ordered to pay 8,900 in full plus court costs. Is it too late for her to get any legal assistance? Can you appeal civil cases? Good luck to all of you.
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#19
09-24-2009, 01:01 AM
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Well, it's obvious they sue.
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Did she file a Motion for Discovery? That is a *major* blunder of many pro se defendants that causes them to lose cases on a regular basis. I hear that the Appellate Court is expensive, though. And you will likely not find any lawyer to work pro bono unless there was an obvious case of apparent bias on the part of the judge (but that would usually need the process of Discovery to really prove). |
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#20
11-04-2009, 06:10 AM
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Hope this helps
Hi, Im a Paralegal and throughout the years I have worked with different types of law. Every state has different rules, but if you state the card is not yours you can go the clerks office where the case was filed( ask for the civil clerks office) and ask to see the file. Usually Attorneys send you a letter in the mail advising you to contact them within 30 days as required by law to discuss, if not then they proceed against you. When a complaint is filed against you the attorney filing MUST produce the original contract/agreement or whatever you signed stating that in fact you are that person....there is no way around this...the court file at the clerks office will have a copy of this information since when wttorneys file a copy has to stay in the file. Once you are there you may ask to get a copy of some or all of the documents in the file ( they may charge you for copies) and take a look at what happened....it is so important you do not disregard this as this may cause even more problems....if you have a job you can get your wages garnished or a lien placed on your house, they can make you sell property like a motorcycle that is paid off etc depending on how much they skiptrace you ( a process by which they find out everything you own, where uou live, your family etc.) and how far their client is willing to go with this. Once their is a judgement issued against you chances are there is no way back and you can still have up to 45 days in some states to get an attorney and represent you and MAYBE avoid getting wages garnished etc....what I will tell you is it is LEGAL to call a debtor anywhere where they think that person might be, what is not legal is to call harrasing at a workplace, etc...if you tell them that they cannot callk your job they have to ceast and decist, if they do not then they can be fined byt he government such as long as you report them ( you can screw the attorney over by telling the govt, they have to keep phone records down the second of every attempt they make to contact you) and your family can simply say " Jane Doe" does not live here anymore, do not call....that does nto work, send a letter in writing to them via certified mail rerurn receipt ( so you have proof someone signed for it and they know you dont want any more calls since this is nto "jane does hosue"....they fail to follow through and remove the # you got proof to screw them over witht he govt...visit FTC.GOV website lots of good stuff there..hope this helps
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#21
11-04-2009, 06:28 AM
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sorry,but it is not legal to call anywhere they think the person might be.once it is established the person is not where they are calling.then they get the contact info then they really can't bother those people again.if they do then whoever they call that has nothing to do with the person or debt can sue the collector or agency for harrassment after the initial call.
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giving hope to the hopeless,help to the helpless,and hap to the hapless. |
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#22
11-04-2009, 11:06 AM
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Junior Member
Join Date: Oct 2009
Posts: 20
Credits: 355
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CACH, LLC...yeah, I am in the middle of dealing with them as well. They filed a suit,..I had never heard of the company they are claiming I had a credit card with. I answered it denying everything, citing flaws in their claims and demanding proof of debt (as I had never been afforded an opportunity to respond prior to this suit being filed). I can't afford an attorney as I lost my job,...so I am working with the local legal aid group and intend to fight them all the way. They are cut throat third party debt collectors known for buying old debts for pennies on the dollar and then back dating them to avoid the SOL,....and then adding all these outrageous fees and costs. They use "bottom feeder ambulance chasers" (attorneys with less than successful legal practices and bad reputations) to file law suits all over the country,..and they are breaking laws and having lawsuits filed in district courts against them. They have had numerous judgements against them. As typically, from what I am hearing, they can not prove the debts they have tried to collect on. Make sure you document everything and make sure you advise the court,...call the court clerks and ask what to do if they are not taking your calls,..I'm sure this is just one of many tactics they use to frustrate people into giving up. I suspect I will have to deal with that soon as well and I am dreading it. They are a royal pain and causing me huge grief and stress as well....and I know the fight is just beginning. Good luck to you,...you're not alone! Jen
Last edited by repblonde; 11-04-2009 at 11:08 AM. |
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#23
11-04-2009, 11:20 AM
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Join Date: Oct 2009
Posts: 20
Credits: 355
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Chris,..I am curious as to why you say that "filing a motion for Discovery is a major blunder for pro se defendants and causes them to lose cases"????? Someone on this site has been pushing me to do just that,...which I haven't yet as I was told to wait to hear from the plaintiff and see what they do next,...but isn't that the next step once the plaintiff responds to your answer??? Don't both parties ask for discovery??? Jen |
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#24
11-05-2009, 02:07 AM
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I think Chrys is saying that it is a major blunder not to file for discovery, because at that moment youre basically telling the court that you accept whatever the plaintiff has already stated as proof. Filing discovery forces the plaintiff to produce actual documentation to support their claims--if they cannot, you are left in a perfect position to request dismissal with prejudice because at that point it is obvious that the plaintiff canot meet the burden of proof.
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#25
11-05-2009, 10:21 AM
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Posts: 20
Credits: 355
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Jon,...you missed your true calling!!! Well that is what I thought,..but I was curious as to why he said that,...hopefully it was just an error on his part and he knows something we all don't. You have helped to clarify this.
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#26
11-06-2009, 02:19 AM
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Yes, skydivr is correct, that is what I meant. The basic question, though, was:
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Discovery is not automatic. It is a tool for the defendant so the plaintiff will have to prove their specific charges. Not to mention, it is often easier - *if* it really is your debt and you can't pay according to the pay schedule they are saddling you with - to come to a settlement arrangement in court because you are face to face. Basically, you should do everything you can to avoid a judgement. You can get a "suspended judgement" which allows you to make payments and pay it off without getting an actual judgement placed against you. |
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#27
11-06-2009, 02:34 AM
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Here is a great, very thorough, and informative website about creditor lawsuits and acting in your own defense:
"http://www.nedap.org/hotline/clbasics.html" |
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#28
01-05-2010, 01:06 AM
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hey i need help too why isnt anyone catching to this , i have read all post and it seems they are fraud, i just signed up for a credit report and found a weird collections from them cach llc for $7463 dollars???? something that i purchased in april 2008 i definately never purchased a credit card that much ever!!!!!!! so what would be the step to take??? i want this off my credit report becouse it is totally false . i have never received calls or anything jus barely seeing this on my credit report. can anyone give me advice?
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#29
01-08-2010, 11:51 AM
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How exactly do these people get their information. I noticed on my credit report yesterday they did an inquiry on my account and used an addresss that i haven't lived at in 10 years. I don't know what this means. I sent them a letter and asked what was the reason for the inquiry because i have no credit cards and have never owned one. Do they collect for just credit cards or what? How long can the debt not go back? If you had an item in collection not credit cards and it has been deleted after seven years can they buy from the owner and try to sue you for it after 7 years?
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#30
01-11-2010, 03:39 PM
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i had an unusual situation in ohio today. was called by friend looking up people on internet and told of court date today. I went to court and this was to be Cach "default judgment day." Judge took me to his office called them, pulled out envelope theyd mailed (an address I never lived). he scolded them about not being there and indicated he should dismiss. Asked me if I worked, talked to them a little more. Told me to file an "Answer after date." gave another court date in two weeks told them to have rep present and said something bout "jury." What is all this< if they werent present for the "default" should it have been thrown out. Still dont know what its about. oN inet now at friends and can see where they sent something certified to 3 different addresses of which Ive never lived at any. No copies or anything to look at to see what this is about. Live in ohio. Can should this be dismissed?
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#32
02-17-2010, 07:18 PM
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Wife runnin with Cach, LLC
My wife has a CC account that was charged off in 2008. She is now being contacted by a law firm, Wanderer Law P.C. to collect for CACH, LLC. We sent a Debt verification letter and they Replied with just copies of the statements. The last statement balance at charge off was about $2200. less what they are trying to collect. Also, the reply did not have anything showing the agreement from their client to collect the debt. nor the agreement with my wife's signature to promise to pay the debt. Then in their letter reply they show the original creditor as being Bank of America, and she never had a card from BofA. It was PNC Bank.
What should we do at this point....... |







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