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Darla · Posted: Mon Jan 14, 2008 8:48 am Subject: Pullling CR and being sued

Hi, I hope some of you good folks can help me?

I have just received a copy of a lawsuit filed against me by CACH LLC. The OC is not even on my credit report any longer, so this debt is definately past SOL (4 years in Texas).

On reading my CR I noticed that CACH pulled a hard inquiry back in 06 with permissable purpose to aquire/service/insure account. Can they legally do this??

Also, I received notice back end of Nov that if I did not respond within 35 days then action would be taken. A lawsuit was filed Dec 17th. They did not give me the full 35 days before filing. Can they legally do this?

Any help on this matter would be appreciated.

Posted: Mon Jan 14, 2008 8:51 am Subject:

Have you received and actual summons from the court in your county or just something from CACH? They have the worst reputation for trying to collect junk debts. Go to this link to read about them.
http://www.budhibbs.com/debtcollectorpages/collect_america_cacv.htm

Guest · Posted: Mon Jan 14, 2008 9:09 am Subject:

I called the County Clerks office and there is a lawsuit filed. The copy I received said I had 30 days to respond but the cover letter from CACH's attorney said I did not have to respond. I have not officially been served by a constable but the County Clerk said it was in fact a lawsuit.

I do plan on showing up to court but have yet to be officially served. Should I go ahead and answer the copy of the lawsuit? The lawsuit was filed in another precinct to the one that I reside, does this make a difference?

Darla · Posted: Mon Jan 14, 2008 9:10 am Subject:

OOps, Guest is myself. Sorry...

Posted: Mon Jan 14, 2008 10:06 am Subject:

Unless you are the type that feels extremely comortable in a court without an attorney, you shoud go to www.naca.net and fingd an attorney that specializes in these things. They will very often work on a contingency basis. There appears to be violations of the FCRA here and possibly the fdcpa. CACH is know for thier sloppy behavior. A good attorney would eat them for lunch!

Darla · Posted: Mon Jan 14, 2008 10:43 am Subject:

Thank you so much.

I went to the naca website and I have an appointment with an attorney tomorrow.

Posted: Mon Jan 14, 2008 4:07 pm Subject:

fdcpa violations, thanks CACH!
1. They told you that you didn't have to respond, as a collection agency they cannot legally tell you that.

2. Filing suit when they have no grounds to do so

Get yourself a attorney and get their case thrown out as the SOL has expired, then nail them for the FDCPA violations plus punitive damages, your attorney's fees, and court costs.

Posted: Mon Jan 14, 2008 7:30 pm Subject:

It's a matter of overshadowing, and a violation of the fdcpa, as well as state law. They give you a time frame to respond to something, but take action before the time is up.

Darla · Posted: Tue Jan 15, 2008 2:02 pm Subject:

Thanks for all the help.

After consulting with an attorney I have at least 2 violations to pursue. SOL and overshadowing.

They initiated this lawsuit, hopefully I can finish it.

Posted: Tue Jan 15, 2008 2:19 pm Subject:

I think so, if they are filing suit against you counter sue for the violations and request validation of the debt during discovery as a motion to show cause. If they can't show cause the judge probably won't order you to pay anything.

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