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 Posted: Sat Jun 16, 2007 10:30 am Post subject: |
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| there was no citation. it was just a notice to appear. and it was sent to a previous address and then forwarded here. the only thing that we can figure as far as the court date is for them to get money? i dont know. |
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shef
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Debtcc Points: 100
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| Posted: Sat Jun 16, 2007 10:34 am Post subject: |
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| If you received a court date, you want to show up, otherwise, the company will receive a judgement by default. If you show up you will be given a chance to mediate, if you don't and receive a judgement by default your fiance could run the risk of having his paycheck garnished or liens put on property. |
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WHEREAMI
Joined: 26 Aug 2006
Posts: 5316
Debtcc Points: 71262
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| Posted: Sat Jun 16, 2007 10:54 am Post subject: |
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| Yes, you definitely want to show up for the court date. You may want to call the court house to see what's going on. |
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CowampChicken
Joined: 20 Dec 2005
Posts: 3681
Debtcc Points: 36192
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| Posted: Sat Jun 16, 2007 11:25 am Post subject: |
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| i know that he needs to go to court. i guess i just dont understand the process. he used to live in another county until he moved in with me. cach has this address because they sent him a letter last week. but for some reason, they filed the claim in the other county with his old address. any ideas why they did it that way? |
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shef
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Debtcc Points: 100
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| Posted: Sat Jun 16, 2007 3:03 pm Post subject: |
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Not sure why CACH does LOTS of things they do but one thing may be that they sent it to his "old" address hoping he'd NOT show up for court and win by default! I don't trust these people ONE bit! Anything for a win!
Just make sure he goes and answers truthfully! I can show u how a citaton would be answered, if that might help him out in court!
let me know and i'll post it for ya to see how it's done!
Good Luck but dont' forget CACH are snakes waiting to spew their venom!
Ang |
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Ang
Debt Samaritan
Joined: 27 Jun 2006
Posts: 2390
Debtcc Points: 18752
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| Posted: Sat Jun 16, 2007 8:54 pm Post subject: |
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| it would be great if you could post it for us. i would really appreciate it. i dont know much about this sort of thing and he doesnt either. anything you can give us will help us tremendously. and we do appreciate all of the advice. thanks! |
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shef
Guest
Debtcc Points: 100
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| Posted: Sun Jun 17, 2007 4:28 am Post subject: |
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Ok Shef this is how you answer a citaton as has been posted on this board and i just copied and pasted it onto my computer for future reference! I wish u much luck! CACH is a nightmare to deal with!
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It is a written answer to the plaintiff's complaint, basically saying whether the plaintiff's statements are true or not.
Their complaint is usually numbered, and will list every argument they have for suing you. For Example:
Quote:
1. Plaintiff XYZ Credit Card is an Illinois Limited Liability Corporation with its principal place of business at 1234 Main St., Some City, IL, 54321.
2. Defendant is an individual who resides in Chicago, IL.
3. On or about 1/1/2002 defendant filled out a credit application with the plaintiff for a credit card. Plaintiff subsequently granted and extended a $1500 line of credit to the defendant.
4. Defendant defaulted on the account on 12/1/2003 when s/he failed to make timely payment as outlined in the agreement. Defendant has never cured the default.
5. Defendant is in arrears the amount of $6873.00.
WHEREFORE, Plaintiff requests that the Court enter judgment in favor of Plaintiff XYZ Credit Card and against Defendant John Smith for:
(1) Actual damages in the amount of $6873.00;
(3) Reasonable attorney fees and costs of suit;
(4) Such other and further relief as the Court deems appropriate.
Your answer would repsond to each numbered statement, saying weather you agree to their allegation or not. You would basically cut and paste their complaint, and then respond. If you don't know, you can formally say that:
Quote:
Defendant's Answer to Complaint
1. 1. Plaintiff XYZ Credit Card is an Illinois Limited Liability Corporation with its principal place of business at 1234 Main St., Some City, IL, 54321.
ANSWER: Defendant is without knowledge or information sufficient to form a belief as to the legal status or principal address of the Plaintiff.
2. Defendant is an individual who resides in Chicago, IL.
ANSWER: Defendant admits the statement in Paragraph 2.
3. On or about 1/1/2002 defendant filled out a credit application with the plaintiff for a credit card. Plaintiff subsequently granted and extended a $1500 line of credit to the defendant.
ANSWER: Defendant admits the statement in Paragraph 3.
4. Defendant defaulted on the account on 12/1/2003 when s/he failed to make timely payment as outlined in the agreement. Defendant has never cured the default. ANSWER: Defendant denies each and every allegation contained in Paragraph 4.
5. Defendant is in arrears the amount of $6873.00.
ANSWER: Defendant denies the statement made in Paragraph 5.
If you have any affirmative defenses (like you never opened an account, it was paid off, or included in a bankruptcy) then you would list those at the end under a heading "Affirmative Defenses".
The reason for you filing an answer, is to determine what you and the plaintiff disagree on. Anything you disagree on will need to be taken to trial for the Plaintiff to prove. If you really don't disagree to any of the material facts, then the Plaintiff can motion for a summary judgment without having to go through a whole trial.
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Hope this helps!
ANg |
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Ang
Debt Samaritan
Joined: 27 Jun 2006
Posts: 2390
Debtcc Points: 18752
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| Posted: Tue Jun 19, 2007 10:15 pm Post subject: Cach, LLC...offering a credit card to pay off old debt |
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I just got a new cc offer that reads like this:
GFS Financial Solutions want to offer you a way to satisfy a debt and establish a new line of creit.
Once you accept this unique CC offer and make an initial payment to your new Pearl Card Gold MasterCard account, your charge-off Household Bank account owned by CACH, LLC will be considered pain in full.
Has anyone heard of an offer like this? Are they legit? |
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mjb
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Debtcc Points: 100
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| Posted: Wed Jun 20, 2007 4:34 am Post subject: |
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Hummm.... sounds too good to be true and ya know they say if it sounds too good to be true it probably is!
Mind if i ask how much is this debt? Some how i do NOT believe this! But that's just my gut so make sure u check it out before going with it!
Good Luck,
Ang |
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Ang
Debt Samaritan
Joined: 27 Jun 2006
Posts: 2390
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cajunbulldog
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Joined: 20 Dec 2006
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| Posted: Wed Jun 20, 2007 11:18 am Post subject: |
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| thanks ang for posting that for us. i do appreciate it. now we wont be caught off guard if he gets one of these. he is going to call the courthouse today to find out what he can from them. |
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shef
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Debtcc Points: 100
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| Posted: Wed Jun 20, 2007 12:27 pm Post subject: CACH |
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| I have them on my credit report as well and does anyone have a phone number for these people |
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Deb
Guest
Debtcc Points: 100
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| Posted: Wed Jun 20, 2007 1:04 pm Post subject: |
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If you go to www.budhibbs.com and scroll down to his worst agency list they are on it! He gives ALL information on them, address, phone number, etc... Try there and let me know,
Ang |
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Ang
Debt Samaritan
Joined: 27 Jun 2006
Posts: 2390
Debtcc Points: 18752
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| Posted: Fri Jun 22, 2007 3:41 am Post subject: |
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| CACH, LLC is Collect America Collection Holdings. It is a debt collecting agency. In my opinion debt validation letter is the best way to deal with collection agencies. According to fdcpa, you have a right to ask the collection agency regarding the proofs they have that you actually owe the debt to them. Until and unless you get the name and address of the original creditor, a valid proof of the debt or any copy of a judgment, do not pay them a single penny. |
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goodnelly
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Joined: 20 Jun 2007
Posts: 632
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| Posted: Thu Jun 28, 2007 4:03 am Post subject: |
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goodnelly,
I have been dealing with these guys for months, they are suing me. Well they filed suit back in december 2006, we are now into the discovery process. I have to finish up on it this week and get it filed in a timely manner. I have been trying to get proper debt validation from them since day one, they keep sending me a copy of a billing statement, no contract, no breakdown, etc. They did send me a bs affadavit from an individual in another state.
_________________
Working my way out of this debt, one day at a time! |
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fedupinpa
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Joined: 22 Jan 2007
Posts: 1666
Debtcc Points: 21403
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| Posted: Thu Jun 28, 2007 5:54 am Post subject: |
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Wow, I can't believe they try to offer a credit card as a new scheme. It just goes to show how low companies like this will sink. Thanks for clearing that up, cajun  |
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CowampChicken
Joined: 20 Dec 2005
Posts: 3681
Debtcc Points: 36192
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