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Posted: Tue Aug 07, 2007 3:53 pm Subject: cach,llc

i received a citation that i was being sued by them for a credit card i had a long time ago. What should i do in order to take care of this matter?

Posted: Tue Aug 07, 2007 4:25 pm Subject:

From what I have read you need to respond that asap. They do sue. Have you asked for a debt valiation in regards to this debt? What have you done since you were notified of this debt or is this the first you have received from them?

ladybug

Posted: Tue Aug 07, 2007 5:31 pm Subject:

Hi and welcome to the forums

First, when you say a long time ago, how long back was it? There is a statute of limitations that may have expired here.

Also, what state do you live in? The states each have their own SOL laws, and each is different.

But ladybug is correct--you can send a debt validation letter to them. by all means, answer the summons, because if you do not, they will get a default judgment against you. If you like, you can posat up what the summons actually says in here and we will help you draft an answer to it.

Guest · Posted: Tue Aug 07, 2007 9:55 pm Subject:

Usually, you have 20 days to respond in writing to a summons, if that is what you have. Do respond, even if it says no written response is needed. You will get help here. As someone else mentioned, Cach will sue. They live for it. So best to be "armed" and ready for them. Do not ignore this summons. They would love it if you did so they can get a quick default judgment.

Posted: Wed Aug 08, 2007 6:13 am Subject:

Here is what i've got for answering a summons! Make sure u answer it, that's VERY important...
Here is what a summons is and how to answer it:

L.Chambers · Posted: Fri Jul 04, 2008 8:38 am Subject: Third Party Collections

I did not borrow the money from these people. How can I legally owe them for something they didn't loan? If they bought my account,they probably paid pennies on the dollar for it. If so, wouldn't that be what they could legally try to collect?

Posted: Sat Jul 05, 2008 3:48 am Subject:

You didn't borrow from a junk debt buyer but regardless of what they paid for it, they can still legally attempt to collect. Now its on you to fight it if they are suing. Answer any summons, deny everything, make counter-claims and make them prove it. You don't owe it until the judge says you owe it.

ADahl76 · Posted: Wed Jul 16, 2008 10:01 pm Subject:

My summons from CACH, LLC, states that Washington Mutual Bank was the issuer when in actuality it was Providian who issued the card. Would a detail like this give me the right to deny the allegations in this paragraph?

Posted: Thu Jul 17, 2008 3:56 am Subject:

WaMu purchased providian in '02 or '03 I beleive but you have the right to deny anything regardless. What state do you live in? When was the last time you paid on the account? This may be time-barred for suit.

ADahl76 · Posted: Thu Jul 17, 2008 3:06 pm Subject:

I live in Michigan and it has been over 3 years. I was actually going through a debt consolidation company to take care of things quickly at the time, but I got laid off and couldn't find work that paid enough for me to keep up on bills. I've just been trying to get my life back in order (going to school full time, cutting back on personal expenses, etc) to keep this from happening again, and maybe even work with some old collectors about taking care of the old debts when I'm in a better situation.

Another question:
I talked to the law firm CACH has hired for the lawsuit and offered to pay $100/month until I was done with school in 2 years, and then increase my payments, and they refused, saying it wouldn't even cover the interest. Can I bring this up in court, and will it make a difference?

drk · Posted: Thu Jul 17, 2008 8:24 pm Subject: cach,llc

my husband was served this evening with papers from the county court for unpaid credit card account listing cach,llc as the plaintiff, using a lawyer in Houston, TX. (We live outside Houston also in Texas) The original creditor is listed as Chase Manhattan bank. He has never had a card with the company listed. We have sent letters to two different law offices that had contacted us regarding this stating that we had no knowledge of the account and requesting validation. We never received a response. This is not one of the two. He had been receiving phone calls threatening him until he logged them in work cell phone as "do not answer". I was under the understanding that a collection agency could not sue for collection of a third party debt. Only the creditor could sue. How is cach doing this? From reading i know we need to respond, but what is the next step? do i send a letter to this new lawyer now too?
thanks for the help.

erb · Posted: Fri Jul 18, 2008 7:56 am Subject: received summons from CACH LLC

i had a credit card from bank of america and i defaulted but i thought i had agreed to settle shortly after that. however, i didn't keep copies of any canceled checks or receipts if i did. so now CACH LLC has purchased my so-called "debt" and is suing me. i received a summons yesterday and this is what the complaint says:

Now comes the Plaintiff, CACH, LLC, by and through their attorneys, Law Office of Keith S. Shindler, Ltd., and complaining of the Defendant, states as follows:

1. The Defendant entered into a credit card agreement with Bank of America whereby defendant received a credit card, account #xxxx and could charge goods and services to their account and receive cash advances.

2. The Defendant subsequently defaulted by failing to pay the indebtedness incurred resulting in the balance due to the Plaintiff in the amount of $xxx

3. For good and valuable consideration, Plaintiff is the assignee of Defendant's credit card agreement and account.

4. Due demand has been made on the Defendant to pay this amount and the Defendant has failed to do so.

5. Under the terms of the cardholder agreement, defendant shall, in the event of default, pay Plaintiff's reasonable attorney fees of $350 incurred in attempting to collect the loan.
----------------------------------------------------------------
so there are no dates included in this complaint but i looked on my credit report and i opened the account on 4/1/2003. the illinois statute of limitations for open-ended accounts is 5 years. however, the report also shows i was 120 days past due in august of 2005. so i don't think the statute of limitations pertains in this case (even if i still owe the debt). i know i need to reply to this by either myself or my attorney appearing in court, correct? if anyone has any suggestions or has been through a similar process with success, please let me know. my email address is liger575@gmail.com and any information would be greatly appreciated. thanks--emily

Posted: Fri Jul 18, 2008 9:21 am Subject:

This would fall under the 10 year SOL for written accounts

Brit583 · Posted: Tue Sep 30, 2008 5:31 am Subject:

I'm being sued by CACH LLC too and my husband and I have our court date next week. I'm scared because I don't know what to expect. What should I do to prepare for this? We don't have a lawyer, so I don't feel as confident. Thanks!

fifif · Posted: Tue Sep 30, 2008 4:31 pm Subject:

make agreement to pay monthly and do not default because if you do they will garnish your bank account and place of employment. Let the judge see that you are totally willing to pay the bill.

John Matthews · Posted: Mon Oct 13, 2008 11:16 pm Subject: Being sued by CACH

I read in an above post that you would draft up a response to a summons. I am being sued by CACH,LLC and need help in responding to the summons. Can I get some help if I post my summons on this site?

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