Collection Agencies and Creditors

Cach LLC showing unprofessional attitude - How to handle it?

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Author

Posted: Thu Apr 10, 2008 6:55 am Post subject:

turns out they were trying to contact me at the address i moved from last year. and of course right as i start looking into it, coincidence or not, lucky me I just got served papers. So now i am limited in time as the court date is within a month. Now since chase sold the debt do i even both with them? I can understand their refusal to apply a payment as voiding the contract, but how can i prove that I tried to make that payment? I guess my biggest concern now is who to contact and in what order now that time is an issue. I certainly wouldn't want a judgment against me, especially when I am building up my credit to buy my first home. Here is the information CACH's local attorney provided. Account was opened in 03 and payments stopped in nov of 04. Debt was sold to CACH in nov 05. The first began attempting a lawsuit in may 07. i live in missouri but im not sure if the SOL can at least keep them from sueing me.

statter
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Debtcc Points: 100

Posted: Thu Apr 10, 2008 9:29 am Post subject:

If you have a carbon copy of the check that would be great, along with bank statements for that year to show that it was never presented for payment. You can also subpoena records from the original creditor. At this point it becomes more complicated and you may wish to explore the option of seeking legal council. _________________ Regards JCEMT Here is a list of resources for the community Site TOS

JCEMT
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Joined: 10 Sep 2007
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Posted: Thu Apr 24, 2008 7:37 am Post subject:

I have been told to appear in court for the credit card I had with a previous lender. They are asking a ridiculous amount of money, way over the orignial amount that was lended to me. They've added their court fees and costs, as well as interest. I guess they planned on me to make a settlment quickly, but I didn't I guess I'll have to see what the judge says.

Jay321
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Debtcc Points: 100

Posted: Thu Apr 24, 2008 10:29 am Post subject:

Welcome to the forum Jay321. I have a few questions, if you answer these I may be able to better assist you. 1. What type of loan was this? 2. What was the original amount and how much have they added to it? 3. When was the last time you paid on this debt? 4. What state do you live in? _________________ Regards JCEMT Here is a list of resources for the community Site TOS

JCEMT
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Posted: Thu Apr 24, 2008 9:05 pm Post subject:

Make sure you show up for any court dates otherwise they will get a default judgment on you.

ladybug

Joined: 29 May 2007
Posts: 2759

Debtcc Points: 24754

Posted: Sat Apr 26, 2008 9:52 am Post subject: Cach, llc

I just received a sepeona from one of Cach, LLC lawyers. They say i only have 20 days to repond. Attached is a bill reveiw from 2004. What should i do?

Stephen
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Debtcc Points: 100

Posted: Sat Apr 26, 2008 9:53 am Post subject:

Should i try to settle with the origanal creditor or get a lawyer.

Stephen
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Debtcc Points: 100

Posted: Sat Apr 26, 2008 9:57 am Post subject:

would it make more sense trying to settle with the origanll credtor.

Stephen
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Debtcc Points: 100

Posted: Sat Apr 26, 2008 2:37 pm Post subject:

Most of the accounts that CACH collects on are questionable at best. First of all you need to answer the civil complaint within the time given or they will receive a default judgment against you. When it comes to any part that states anything to the effect that the debt is yours I would suggest answering "unable to confirm or deny without additional information" the additional information you need will be obtained during discovery. You can check the debt validation template via my signature link to use as a checklist for items to request during discovery. If they cannot produce that information then you may be able to motion for dismissal with prejudice. _________________ Regards JCEMT Here is a list of resources for the community Site TOS

JCEMT
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Posted: Mon Apr 28, 2008 7:21 am Post subject: Cach, LLC

I just received a sepena from the county court stating Cach, LLC is sueing me for a debt i owed from 2004. Isnt the SOL over and can i settle with the originall creditor BoA to close this issue.

stevie e
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Debtcc Points: 100

Posted: Mon Apr 28, 2008 7:48 am Post subject:

To answer your first question I will need some information from you. 1. What type of debt is it? 2. When was the last time you paid on this debt? 3. What state do you live in? SOL runs from the date of last payment and varies by state. As far as dealing with the original creditor it depends on how the original creditor wishes to handle it and also if they still possess the account. If it's been at least 4 years there is a chance they have sold it. _________________ Regards JCEMT Here is a list of resources for the community Site TOS

JCEMT
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Posted: Mon Apr 28, 2008 7:56 am Post subject:

Would it be a good idea to have a mediater neg. for me

steve e
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Debtcc Points: 100

Posted: Mon Apr 28, 2008 8:05 am Post subject:

still there

steve e
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Debtcc Points: 100

Posted: Mon Apr 28, 2008 10:34 am Post subject:

It's always good to have legal council if you are unfamiliar with judicial proceedings. If you need help locating a consumer attorney in your area you can find one through NACA.net _________________ Regards JCEMT Here is a list of resources for the community Site TOS

JCEMT
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Posted: Wed Apr 30, 2008 3:12 am Post subject: CACH, LLC

A process server stuck a Summons and a Complaint in my door and then ran like hell. Unfortunately for them I have been studying the law for several years after my own attorney screwed me out of $70,000. Their complaint was the most Micky Mouse document I have ever seen. Read one good Para Legal book and you should have enough to fight these freaks. I filed an Answer and Affirmative Defenses with the court and sent them a copy Via Certified mai. Document everything. Keep good records,make copies and etc. You can go to Nolo.com. The sell good books to help the lay person. I am ready willing and able to cause them some legal problems. Don't be afraid of the legal system. Read a good Para Legal book. Get a copy of the court rules for your state. Also read the local court rules for your jurisdiction. I will update this if it becomes necessary. Good luck and don't be afraid of them.

LEE MORGAN
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Debtcc Points: 100

Posted: Wed Apr 30, 2008 5:39 am Post subject:

You can also find a WEX legal dictionary along with rules for civil procedure by state/district via my signature link. _________________ Regards JCEMT Here is a list of resources for the community Site TOS