Got a letter from American mediation - has anyone ever dealt with this company?

Post New Thread
Posts: 5
Credits: 464


Send message to mworth
Sub: #1 Got a letter from American mediation - has anyone ever dealt with this company?
Replied on 03-03-2008, 07:55 AM
Reply With Quote

I got a letter from American Mediation & Alternative Resolutions stating that Cach Llc had filed suit against me, and that I would get a summons served. As of yet, two times that PCexpressusa has knocked on my door I haven't been home.
I have no idea what this is about........the letter from the mediation firm does have a court ID on it......please help!!!!!


Moderator

Posts: 2,937
Credits: 18,876


Send message to JCEMT
Sub: #2
Replied on 03-03-2008, 09:42 AM
Reply With Quote

If it has a docket number on it then you should contact your court clerks office to see if it is legit.


Posts: 5
Credits: 464


Send message to mworth
Sub: #3 help......
Replied on 03-03-2008, 09:51 AM
Reply With Quote

Thank you for the reply, I am at my wit's end.......
Is the docket number the same as a Civil Suit No.?


Moderator

Posts: 2,937
Credits: 18,876


Send message to JCEMT
Sub: #4
Replied on 03-03-2008, 10:02 AM
Reply With Quote

I misread your original post, you need to contact your county clerk to see if the suit is real. I have read some things on this company before. They are not representing CACH, they are offering to represent you outside of court. Thing is I think it may be a scam.

Ask yourself this, why would they approach you unsolicited saying "hey this company is suing you but we'll try to settle it out of court for you" I think they themselves may be a collection agency of sorts where they CA hires them and they in turn "mediate the settlement" and the CA gets paid and so do they.

If the suit doesn't exist then I would suggest filing a complaint against the mediation company with your state attorney general's office.


Posts: 5
Credits: 464


Send message to mworth
Sub: #5 help......
Replied on 03-03-2008, 10:46 AM
Reply With Quote

So do I wait for them to serve me notice? If I am home and open the door, and sign for the papers, what happens then?




Posts: 1,891
Credits: 12,700


Send message to skydivr7673
Sub: #6
Replied on 03-03-2008, 01:15 PM
Reply With Quote

once you are served, you will have to file an answer to the summons. We can help you go through that. But first, I would check the court clerks office in the county where you live--to verify that there is even a court case against you there.

If I had to guess, I would say that there really will be a suit against you. But you should check just to make sure. Another thing--if you lived in different counties, or even if you didnt, some CA's will try to sue you in the wrong county. They do this because they know that you wont hear about it, and then when you dont show up they get a default judgment against you. Of course, you can fight that, but many people at that point dont know how to, so they dont. If you find no court case in your county, you should consider looking around in other counties in your state to protect yourself. If you find that they filed suit in a county you dont live in, all you need to do there is sent notification to that court, where they filed it, that you are requesting a dismissal on the grounds of improper venue. Tell them that you dont live in that county and as such it is the wrong jurisdiction.

As for the mediation company you mentioned, I did some searching. I found where someone had contacted them about their letter. They offer to mediate and try to settle the debt on your behalf, but they require that you first place a sum of money with them up front, into an escrow account, as a "show of good faith".

Posts: 5
Credits: 464


Send message to mworth
Sub: #7 help......
Replied on 03-03-2008, 01:48 PM
Reply With Quote

So, the next time that this person knocks on my door I should answer it and sign the papers to get the information to be able to deal with the suit?
If I don't sign the papers, to get the info, then I'm really sunk, huh?

Anonymous
Anonymous
Posts: n/a
Credits: 0


Sub: #8
Replied on 03-03-2008, 05:57 PM
Reply With Quote

Check with the court before you sign any documents.

Also make sure that you read all of what you are signing. You don't need to be signing anything other than a statement that you received an envelope addressed to you from (name of sender that is on the envelope) and that it contents are unknown to you.

Posts: 5
Credits: 464


Send message to mworth
Sub: #9 help......
Replied on 03-05-2008, 11:10 AM
Reply With Quote

So who is Cach Llc anyway?




Posts: 1,891
Credits: 12,700


Send message to skydivr7673
Sub: #10
Replied on 03-05-2008, 12:54 PM
Reply With Quote

here is what Bud Hibbs has to say about them:


Â*Â*Â*Â*Â*Â*
they are known as one of the worst CA's in the business, with a history of violating the FDCPA all over the place.
I got your PM, when you contact the court, you want to find out if there are any cases filed against you. If you dont find any, you should consider checking the neighboring counties. If you do find one, you want to ask where you can get the docket information, so you can see details such as when service supposedly took place, etc etc.
If it isnt in your county, then you need to send the court a letter ASAP telling them that you are not a resident of that county, and requesting that the case be dismissed due to improper venue. Include a clear photocopy of your drivers license with that letter if you have to send it.

Anonymous
Anonymous
Posts: n/a
Credits: 0


Sub: #11 American Mediation
Replied on 03-10-2009, 06:12 AM
Reply With Quote

Very nice thread. A lot of valuable information was provided. I did want to acknowledge that I actually work for American Mediation. People get letters from us because we are notified whenever a civil suit is filed. We notify whichever office services that area and they send a letter to let you know that a civil suit has been filed. We try (whenever possible) to beat the court summons so you are not taken by surprised when a Sheriff's Deputy or other private server show up at your door. We try to notify the defendants quickly because as mentioned previously in the thread, there is usually a very small window of opportunity to respond to the courts before they issue a default judgment against the defendant. We do get many cases resolved before it ever goes to court usually through a stipulated judgment or voluntary dismissal submitted to the defendant by the plaintiff attorney. We do charge a modest fee for the services we provide and try to be flexible on the payment arrangement. We do ask for a portion upfront as there are costs in labor and the drafting of documents. MANY defendants in the past obtained resolutions by us without ever paying a dime for our services. We keep our overhead down to provide a valuable service at a low cost. We try to be reasonable and fair by splitting up the payments, post dating payments, and even forfeiting any profits in the fee if we are not able to provide an amicable resolution. There are a lot of scams out there, but we try to help people find favorable resolutions so everybody can get on with their lives. If you have any questions, feel free to give us a call.
Deleted - ND - We don't sell, but merely explain the process. If we aren't the right fit for you, we will be happy to try to point you in the right direction to find a resolution by your own means.


Solicitation is a violation of the TOS - NASCAR_Devil





Posts: 1,891
Credits: 12,700


Send message to skydivr7673
Sub: #12
Replied on 03-10-2009, 06:21 AM
Reply With Quote

Damon--


Welcome to our forums. We appreciate your information, however, I must tell you that this kind of solicitation is not allowed per our terms of service. Please feel free to stick around---I am certain that you can provide some valuable insight to those who are in this position, but we dont allow solicitation here like this. Thanks.




Posts: 1,891
Credits: 12,700


Send message to skydivr7673
Sub: #13
Replied on 03-10-2009, 06:55 AM
Reply With Quote

Again, Damon, this isnt hard to understand. NO SOLICITATION ALLOWED HERE. It doesnt change anything simply because you took out the contact info. Youre still in here asking for business, and we do not allow that on this forum. Period. you are more than welcome to share experience and singht, but we do NOT allow individuals or companies to come in here and solicit business in this manner.

Anonymous
Anonymous
Posts: n/a
Credits: 0


Sub: #14 American Mediation
Replied on 03-10-2009, 08:19 AM
Reply With Quote

I apologize for any offense. I was under the impression that the first reply was deleted for "solicitation"... so I removed any contact information so nobody reading this could use our services. That being said, there seemed there was a lot of question regarding why our fee structure was the way it was and insinuating that they believed our business was a scam. I did not realize that trying to provide explanation of policy and procedure was now considered "solicitation"

Anonymous
Anonymous
Posts: n/a
Credits: 0


Sub: #15
Replied on 03-10-2009, 08:43 AM
Reply With Quote

first, your original post was never deleted, it is still right there where you left it.
Second, your contact information is not the solicitation--you tried to sell your business, ask people to call you with any questions, and then say "if we arent the right fit for you we'll try to point you in the right direction". None of that does anything to explain your fee structure in any way--it's selling, pure and simple. So far, you have yet to actually say anything that explains your fee structure--all you did was try to sell the business as not being a scam and then ask for people to call you. Your contact info isnt the solicitation--its only the means you left for people to act on the solicitation. Do you really think that someone couldnt simply take the name of your company that you posted and search out the number because you didnt include it in your second post?
I dont see anything about "fee structure" or "policy and procedure" there. This is what you posted:
[queto]We do get many cases resolved before it ever goes to court usually through a
stipulated judgment or voluntary dismissal submitted to the defendant by the plaintiff
attorney[/queto].
Â*
[queto]We keep our overhead down to provide a valuable service at a low cost[/queto].
[queto]here are a lot of scams out there, but we try to help people find favorable
resolutions so everybody can get on with their lives[/queto].
[queto]We don't sell, but merely explain the process. If we aren't the right fit for you, we will
be happy to try to point you in the right direction to find a resolution by your own
means.[/queto]
If youre not making sure that the plaintiff validates the debt before youre charging your client money to mediate the issue, then something is wrong. You negotiate lower settlements with creditors--and then charge the consumer so that they have to pay both you and the debt collector. But what if the debt collector doesnt have anything to prove that they even have the right to collect the debt? Then your "valued customer" is now out the money they paid you, PLUS the money they paid on this unvalidated debt! And, to make matters worse, youre on here, in a forum where we encourage everyone to get validation FIRST before paying, trying to skip over that part in order to get paid. Come to think of it, why would a legitimate debt collector with a legitimately-owed and properly documented debt even agree to your terms? They have all the aces in their hand at that point. A legitimate debt collector would be able to prove the debt, prove the amount owed, prove who owes it, and they would have already done their homework before filing a lawsuit so that they would know if the defendant is capable of paying or not! WHY would they agree to LESS money if they know they have it in the bag for MORE money legitimately? The debt collection business is all about profit--why would they minimize their profit when at that point collection of a judgment is a non-issue, what with bank levies and wage garnishments available to them?
Like I said, youre most welcome to share your experience with us, but lets not try to get smartass here about how "I didnt know explaining policy was solicitation". You know what you posted, let's be honest already.

Anonymous
Anonymous
Posts: n/a
Credits: 0


Sub: #16 American Mediation
Replied on 03-10-2009, 10:27 AM
Reply With Quote

edited by FYI - I don't have a tag to slip into this one but I am pretty sure that post would be considered a solicitation




Thread Tools
Display Modes

Posting Rules
You may post new threads
You may post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off

Forum Jump



All times are GMT -8. The time now is 01:54 AM.






* Disclosures:
  • By signing up for counseling session, your provided details (Name, Email ID and Phone No.) will be forwarded to the company advertising on the DebtCC. However, you have no obligation to use their services.
  • Some creditors and collection agencies refuse to lower the pay off amount, interest rate, and fees owed by the consumer.
  • Creditors/collection agencies can make collection calls and file lawsuits against the consumers represented by the debt relief companies.
  • Debt relief services may have a negative impact on the consumer's creditworthiness and his overall debt amount may increase due to the accumulation of extra fees.
  • The amount which the consumer saves with the use of debt relief services can be regarded as taxable income.
Page loaded in 26.615 seconds.