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Cach LLC showing unprofessional attitude - How to handle it?

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PostPosted: Thu Sep 20, 2007 5:52 pm    Post subject: If you answer a summons on your own

The first step is to talk to the Plaintiff's attorney and explain the situation, then request that you can stipulate extending time to answer the complaint. Most will be willing, get the extension so you can follow it to the 'T'.
hockeyman
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PostPosted: Tue Sep 25, 2007 6:56 am    Post subject: Debt Validation

How do I get debt validation? I supposedly have an open accout in collections and I'm Not sure out to go about handling this. I'm 22 any advice for me?
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PostPosted: Tue Sep 25, 2007 9:17 am    Post subject:

Do u mean how do u get a debt validation or a debt validation letter?? I'm a bit confused by your question. If u want a debt validation letter u can find one in the do it yourself section of this forum. Make sure to change it up a bit to fit ur needs.
Also always send it return receipt or they will say they never got it.
Ang

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PostPosted: Thu Sep 27, 2007 10:05 am    Post subject: How to answer petition with incorporated discovery

cach the original petition is asking for admission,interrogatories and requests for production of documents. I guess because I requested them to validate and all they sent was a copy of statement from chase with the pentalies and amount along with a signed copy from someone at chase that they sold the account to cach in 2006, so now they are sueing in 20 days and after reserching like mad iam still no wiser on how to answer this thing. help please
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PostPosted: Thu Sep 27, 2007 10:24 am    Post subject:

Are asking u for these things?? I'm confused plz explain better!
Thanks,
Ang

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PostPosted: Mon Oct 01, 2007 9:06 am    Post subject: CACH LLC

Hi my name is Rachael and I was reading ur topic and
I was wondering if you got any answers?
I was on the Clay County Civil Public Inquiry and
saw my name and what appears to be a summons that has
been filed against me, and I have no clue what this
is all about, So I was actually writing to you to see
if this is a scam or what, I cld the courthouse but
they could not give me any info over the phone but
said I would need to come down there, Crying or Very sad
I was hoping you could shed some light on your personal experience with this and if it is real and should I be concerned?

Thank you for any help you can give me
Rachael

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PostPosted: Mon Oct 01, 2007 9:35 am    Post subject:

If a summons is in ur name then yes it is something u need to see about ASAP!! In most states u only have 20 - 30 days to answer a citaton and if u don't answer they will win by default. So i'd suggest going to the court house and retrieve a copy of the summons for urself!
Once u do that let us know more and we may be able to help u with it.
Good Luck
Ang

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PostPosted: Sun Oct 07, 2007 3:37 pm    Post subject: Summons, Service, SOL & Discovery

Someone wiht a pending Oct court date mentioned the SOL on their case runs in Feb. Actually, the SOL is tolled by filing a lawsuit. As long as the action was filed prior to the SOL, the creditor escaped being barred from suit by missing the SOL.

As for a summons, you should double check with the local court, but if a lawsuit is initiated against you in the courts, you must be personally served with the papers unless you have agreed to waiver of service. There are rare exceptions to this, but they are rare. Absent a rare exception, the deadline for responding to a summons & complaint starts ticking when you are personally served with the lawsuit.

And one final note...someone asked about discovery documents from Cach (admissions, interrogatories, request to produce). While the courts will allow some latitude for persons proceeding without an attorney, you will benefit by trying to obtain counsel. Call your local county bar association and see if they have a referral service. If money is a problem, there may be pro bono (free) legal help available depending on your circumstances.
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PostPosted: Sun Oct 07, 2007 7:46 pm    Post subject:

They did not serve you, ergo the summons is not valid.

You may wish to sign an affidavit and file it with the court that there is an active summons against you and stating you were not served with the papers.

The clock starts only after the attorneys have effectuated service upon you. Beforehand, if you go to court, that kind of action can deem the case (in NY it is considered an irreversible error) dismissed with prejudice (meaning, they can never sue you again for this debt).
hockeyman
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PostPosted: Sun Oct 14, 2007 5:58 am    Post subject: cach llc

Hello,
I have a debt claim on my credit report from these guys. I currently live in Spain. Does anybody know how to take it off?
Thanx
Ximena

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PostPosted: Sun Oct 14, 2007 6:29 am    Post subject:

My experience with them has been that they like to play alot of games, I have posts through out this particular forum. Recently I have recieved a preacipe for arbitration. Now it is the waiting game for me again, this whole mess started with cach back in december 06, I responded with in the time frame, I thought by now we would be in court but they are still playing this game. Now with this praecipe the prothonotaries office said that nothing will happen until they send the funds to cover it. Now don't you think that people wise in this business would know that they need to send the funds. Is this another scare tactic. I will wait and see.
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PostPosted: Tue Oct 16, 2007 3:22 pm    Post subject: How do I get out of default with CACH

I went to court yesterday the judge told me my case has been ordered into default and judgement due12/11/07.What can I do to stop this I tried to make payment arrangements and they refuse to answer me back.I don't work am on disability some other company took the money out of my account in Jan. of 07 Ams of Ginove2 which CACH says it was not them.What can I do I never filed anything with the court.
Mary D
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PostPosted: Tue Oct 16, 2007 3:22 pm    Post subject: How do I get out of default with CACH

I went to court yesterday the judge told me my case has been ordered into default and judgement due12/11/07.What can I do to stop this I tried to make payment arrangements and they refuse to answer me back.I don't work am on disability some other company took the money out of my account in Jan. of 07 Ams of Ginove2 which CACH says it was not them.What can I do I never filed anything with the court.
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PostPosted: Tue Oct 16, 2007 5:43 pm    Post subject:

Mary was you notified that the hearing was coming up in January? Did you receive any documentation from the court? You should have been served before the hearing.
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PostPosted: Wed Oct 17, 2007 10:52 am    Post subject: Cach and its problems

I’m in a situation similar to a post from DS ( Posted: Wed Sep 19, 2007 5:42 pm ) where I was served with papers and I went to court to file my appearance form with the clerk. I didn’t answer any of the counts against me because I was dealing with the law firm until they stop talking to me. I have all the coorespondance back and forth, they stop talking to me the following week Oct 1st 2007. So I get this letter dated oct 8th last week from the law firm (Tobin and Melien) motioning the court for a default judgement against me. I’m putting together my response now so I can file them with the clerk hopefully this afternoon if not in the morning. I was unaware of the procedures, can anyone offer any advice as to my next moves.
History: I’ve tried to set up a payment plan with them to pay what I owe and not what they are trying to take from me, but I guess they declined when they didn’t respond further I asked them to verify the debt and they sent me what’s on my credit report that I have already disputed. My prior debt was with Providian and the law firm didn’t send me any old bills or accurate validation of my debt. I still have those last statements. Need some advice desperately.
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PostPosted: Tue Oct 23, 2007 10:57 am    Post subject: judgement

Well, cach got their judgement today,my husband has been out of work now for almost a month, we have no idea how we are going to deal with this much less pay basic living expenses as money is running out. Cach lawyer told my husband today that they were going to send out a questinaire for him to fill out listing aall assets and warned they could put aa lien on the house. We czan't afford an attorney and at this point don't know what to do. Can they put lien on the house and take our only car? do we have any recourse at all?
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