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Angee · Posted: Tue May 29, 2007 10:43 am Subject: Back from court...

What a joke that was! I waited for 30 minutes for 10:00am to finally get here! They called me up first, and wouldnt' u know it, CACH wasn't there but they hired some OLD OLD OLD guy lawyer from here locally to be there on behalf of them! SIGHS... Anyway, the judge tells us to out to another room and talk.... took a whole 30 seconds inside the courtroom. We went out and he just asked me a TON of questions! So now seems CACH has MORE information on me than they did before... SIGHS AGAIN!
After he asked all the questions he needed, he and i started up our own conversation. Before it was all said and done, he was wishing he could represent me! ha ha He gave me a "little" advice but NOT much since he was there on behalf of CACH! So I asked him, now what? His suggestion was to sit back and wait and see... WTH??? I told him, i do NOT wanna sit back anymore cuz every time i do the judgement amount gets higher and higher! He was amazed at how high it is now compared to the original debt.
Anyway, he said they may try to garnish my husbands check and he thought they could get 25% of it. Is this true? Why would they want to take monthly payments when i've offered them a lump sum payment? I'm MORE lost now than before i went! I feel like I'm damned if i do and damned if i don't. I've really screwed up here! I keep thinking maybe i shouldn't have showed up and left CACH with the NO information they had on me to begin with! But I was summoned to court, I went, now what???
And btw the local lawyer was VERY VERY nice to me. I think he felt sorry for me and KNEW i was getting the shaft from this company!
If I take his advice, as i told him, and just sit back and wait, the amount might be $30,000 by then!
Should I just send CACH a money order for the amount on the judgement and then sit back and wait? I'm more confused now than before!
Sorry this was so long, I wanted to make it short as possible!
Once, again thanks to ALL of you for any help offered to me, even though it was TOO late for me I will continue to come here and WARN everyone about CACH!
I've learned a very valuable lesson and costly too!
Ang

Posted: Tue May 29, 2007 12:21 pm Subject:

Ang,go to the courthouse and get a copy of your entire casefile. Once you do that login here so I can pm you my email addy and we can go thru it.I also want a complete breakdown of the entire collection process.How many calls,letters,refusals by them,etc.I think you still have a good chance on violations and we need to determine how Louisiana law is going to interpret this judgement with regards to community property.

Posted: Tue May 29, 2007 12:42 pm Subject:

Cajun, the lawyer told me to go and get a copy of the judgement, so i did, have that with me now. Even on it, it doesn't give a total amount..... i'll explain more when we can either email or PM.
Thanks a LOT!
Ang

Posted: Tue May 29, 2007 12:43 pm Subject:

And btw... at this point ALL i want is a total amount owed to them. I'm at the point where I just want to pay them and move on with my life! SIGHS

Posted: Tue May 29, 2007 1:13 pm Subject:

It is the responsibility of the collection agency to give you the total amount. This should prove about their legitimate collections. Send the DV letter to the collection agency, CMRRR and keep a copy to show to the judge.

Posted: Tue May 29, 2007 1:21 pm Subject:

Ang I pm you back.

Posted: Tue May 29, 2007 1:22 pm Subject:

i've tried to get this 4 or 5 times, each time being ignored! I was in court this morning and still don't have a total amount!

Posted: Tue May 29, 2007 1:26 pm Subject:

Ang go to the court and look up your case number in the civil index. One you find your number,give the number to the employee and tell them to pull your file.Then you can make regular copies of everything in it.

Posted: Tue May 29, 2007 1:42 pm Subject:

The lawyer for CACH gave me the judgement number today, I went and got a copy of the judgement to try and get an amount! It's only one page and it gives the same ol' $9,400 plus interest, fees and attorney cost except this one says attorney fees can only be 25% of total judgement. SO that's why on my credit report it went from 9400 to 12,500. I'm sure it's the atty fees and interest.

Posted: Thu May 31, 2007 9:08 am Subject:

Did you recieve anything from this attorney prior to the hearing?

Angee · Posted: Thu May 31, 2007 9:28 am Subject:

Yes a citaton that i foolishly did NOT respond to after speaking to someone from his office trying to work out a repayment plan. Stupid, i KNOW! Wish i knew what i know now back then.....
SIGHS!
I'm having a bad day!
Ang

Posted: Thu May 31, 2007 5:34 pm Subject:

Wow, it sounds like you are more confused now than before you went to court. How long have you been dealing with CACH? Did you send the dv letters before the citation was issued?

Posted: Thu May 31, 2007 5:43 pm Subject:

What was the original amount owed from the start? Sorry, I just can't believe the astronomical amount.

Posted: Thu May 31, 2007 5:43 pm Subject:

CACH is a payday place?

Posted: Thu May 31, 2007 5:44 pm Subject:

Bud Says…

One of the largest debt buyer organizations in America In 2005, Collect America owner Phillip Scott Lowery reportedly sold his operations for $350 MILLION to an organization called First Analysis Private Equity Fund IV, in collaboration with co-investor KRG Capital.

The Collect America system is comprised of approximately thirty franchisee’s across the country, with an attorney name on their door. Some of the attorneys such as Sam W. Streeter of Houston, have been dubbed ‘Rent-A-Lawyers’ due to their total lack of debt collection law and Fair Debt Collection Practices Act (fdcpa) experience.

*Collect America Franchisees:

Law Office of Sam W. Streeter, Houston, TX

Richard G. & Catherine A. Neuheisel Law Firm, Tempe, AZ

Neuheisel Law Firm, Deborah Sue Harvego, Sacramento, CA

Law Office of Thomas K. Bamford, Dallas, TX

Harold E. Scherr, Attorney at Law, Longwood, FL

Bronson and Migliaccio Attorneys, Williamsville, NY

Bronson and Migliaccio Attorneys, Elmwood Park, NJ

Phillips and Cohen and Associates, Westampton, NJ

Law Office of Larry Roach, Copley Twp, OH

Phillip Scott Lowery P.C., Denver, CO

Law Office of Joe Pezzuto, Phoenix, AZ

Law Office of J. Anthony Cambece, Boston, MA

Workman Law Office, P.A., Jacksonville, FL

Collect America, LTD, Denver, CO

Gamache and Myers, St Louis, MO

P. Scott Lowery, P.C., Tulsa, OK

Law Office of Wilfred E. Briesemeister, Montclair, CA

Harrison Ross Byck, Morrisville, PA

Daniels & Norelli, P.C., Westbury, NY

Davis Law Office, Russell A. Davis, Solana Beach, CA

Richard DeJana & Associates, Kalispell, MT

Dennis Michael Dendy Law Office, Gretna, LA (Houston TX)

Daniel N. Gordon, P.C., Eugene, OR

Mims, Jerry M., Attorney, Islip Terrace, NY

Pentagroup Financial, LLC, James J. Thorpe, Attorney, Houston, TX

(represents CACV & CACH)

(*May not accurately reflect all franchisees)

Since the sale of the main organization, Denver Attorney Phillip Scott Lowery and his collectors that include attorneys David L. Michael and James R. Wolf have relocated to the Cherry Creek Drive address. Scott and wife Texie were rumored to have moved to Vail, CO, however he reportedly still is involved in the day to day operations through brother Arthur Todd Lowery.

CACV of Colorado, LLC. which stands for Collect America Collection Vehicle and CACH, LLC are the debt purchasing arms of Collect America. Lowery and associates reportedly purchase these accounts for pennies on the dollar, then attempt to collect on the full value. Collect America does place these accounts on credit bureau reports under the names CACV, CACH and Collect America. Under provisions of federal law, the Fair Credit Reporting Act (FCRA), they may NOT stay past the date of last activity as stated by the original creditor and the information and amounts reflected MUST be accurate, as stipulated by federal law.

The ONLY thing that can restart a ‘date of last activity’ is by YOU making a payment, Collect America cannot change it under any circumstances. You should always obtain copies of your credit reports directly from the credit bureaus to compare those dates. You have the right to dispute any debt buyer account found on your credit reports as “Not My Account” with the credit bureaus. Always keep copies of credit reports for reference. If a date of activity has been changed in violation of the Fair Credit Reporting Act, you may be able to take legal actions against whomever in federal court for violating the law. Contact me for referral to a local consumer law professional.

If you are ever sued by a Collect America attorney it is VERY important that you respond to that suit. An attorney from the National Association of Consumer Advocates may be able to assist you, I recommend you visit: www.naca.net

Posted: Thu May 31, 2007 6:28 pm Subject:

NO, it is NOT a payday loan, was a credit card debt for 4,400. And yes i did send a DV letter prior too but my mistake was i didnt' get return receipt. SIGHS. It was before i found this site! I think I'm doomed to pay this astronomical amt since they got a default on me but i have someone helping me now to try and find some kind of loop hole. Otherwise, I'll just be paying them for the next 20 years or so!

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