CACH, LLC

It sounds to me like the debt was sold to another collector..All sorts of fees get added on that way, collection fees, interest, etc. Yes, this is legal.

On the papers you received it will have a court date. It is very important that you show up for it..You can make payment arrangements there. If you don't show up, your wages will probably end up being garnished.

Does any one have any idea what these jerks at CACH pay for an account? I wish an ex CACH employee would join the site, I could use some ammunition at this point.

Fedupinpa,

Are you dealing with them now?

Yes, they got a hold of an old providian account of mine, they will not negotiate with me. They sent me a summons, wanted me to sign it, they had the box checked judgement by consent. Needless to say I did not sign it. I don't feel I owe this much, have you ever dealt with them? I just sent them a debt validation letter, to them and the law firm that they had send the summons. It is a real summons, got served by a sheriff, I called the court house, it is filed with them. I haven't got a court date yet. Any advise?

Get attorney and make them prove it. Have attorney draft
letter for FDCPA
violations. By sueing before validating your dispute,they now owe you money.

Where can I find the law that states they must validate before they sue? I was angered at the fact of the way they did it, they had it served by the sherriff, which frightens most people. But the trickering in it was. It was all by consent, if I would have signed it, I would have been screwed.

oh yeah, in the judgement by consent, they had a nice little payment arrangement already packaged for me. When I responded with a letter stating I was turning it over to a consumer agency for help, they sent me a letter stating that they don't accept payments only payment in full. I could have made the payments just don't agree with the final amount.

Did you send a dv letter after you were served the summons?

I was reading online last night because of the summons hubby was served last week. They can sue you during the thirty day period after they send the first dunning or collection notice. They have to stop collection activity after they receive your debt validation request though. I'm still trying to figure out if they can proceed with the law suit but it sounds like it. Of course, we didn't receive the type of papers that you did. They are trying to collect on a HSBC credit card of mine but they have not validated the debt yet. It's been over thirty days and I have sent a follow up letter. CACH has a bad reputation in the collection industry. They are made up of a network of lawyers.

They have had this account for quite some time, they just got these jerks from Weltman & Reis involved. I sent the attorneys a debt validation letter too. Thing is they are not working with me on the balance. I called providian last week and they have a bogus payment listed on my account that I know i did not make.I have been at the place where I work now for three years, I know I have not made a payment since being there. I really don't think I have made a payment in over 5-6 years to providian. I sent providian a letter requesting a complete account history. I am thinking they are trying to re-age this debt to make it fall in my states SOL. Will keep you updated, haven't heard from either yet.

Fed please read the FDCPA completely.The Ftc considers filing suit a collection activity and collection activity before validation is complete is not legal. I have no caselaw to support this.Just my personal opinion.

On the other hand...(opinions too, not fact)

The issue of the validation itself would then come up in court, raised by the defendant, and the plaintiff would have to respond.

and/or

I can't imagine the DV timeframe being used as a successful defense in the event the SOL was about to expire.

Morningstar,
please clarify what you mean? I am not agreeing to the amount they are stating that I owe, they purchased this account from providian. I owed providian $2000 these jerks want $2819 plus fees. They did a judgement by consent which I refuse to sign.
Providian on the other hand is stating that I made a payment that I did not make in attempt to re-age the debt. It even conflicts with what they relayed to the credit reporting company, both experian and trans union. Any advice would certainly be appreciated?

What morningstar is saying that you could not hope to run out the statute of limitations while they find paperwork to validate. In most court systems,the filing of a suit determines if sol or not. Basically if they file before sol,it can be brought to court. The next thing she is saying is if they drag you to court you would inform court that debt is disputed showing letters and return receipts proving the dispute. You would then move the court to order discovery and they would have to show proof of valid debt or case will be dismissed.

That is exactly what I meant.

Except for one thing: I am male. Why does everyone associate the name with as female gender?

To fedupinpa, all apologies, I missed the "by consent" portion.

Sorry about that,but I had pegged you for one of the ladies. :oops: Good thing I didn't flirt cause that really would have been embarassing! :shock:

And it hits me 15 minutes later...

I've never heard of a judgement by consent. I guess in PA that is a legal procedure (otherwise, a sheriff wouldn't be involved), but I have to wonder: could that be an fdcpa violation? Sheriff's do not process paperwork for free. The fee is paid, then passed on to the recipient. Even though no profit would be made, could that not be considered an excessive fee? I mean, it amounts to having a sheriff ask you pay, on behalf of the CA.

Thoughts, anyone?

Well,
In my area the costs would only be passed on if it was signed. You may know this animal by a different name(Does stip judgement ring any bells?) It's what most people call them. A settlement with the legal backing of a court document.Most that I have seen if you miss payment they record judgement and garnish!

This company is buying bad debts from credit companines. Then they get a third party to contact the indivdial. The claim the it is an attempt to collect the original creditor getting you to send payments to them. I checked my credit report and they are not listed as a creaitor or a collection agency.I belive that the Federal Trade Commission has the final say with their misrepensentation tactics.I was never told that the debt I had was sold to another company. The question is who would be the best federal source to start a class action lawsuit for those who have been misled. Would it be the Attorney General of the United States? Thanks for any help or advice. AFCHRIS

You would want to start with your state's attorney general's office.

Is this a special letter that I can find somewhere or just a letter I make up requesting the information?

What type of letter are you looking for?

A debt valedation letter.

The amount that it states on the letter from the lawyer is the same as I believe I owe to a cc but the acct number is not the same and it says the debt is from a bank in Maryland. Should I still send a debt valedation letter?

Check the do it yourself section of the forum and there will be a sample letter in there. Send it certified mail with return receipt so you have proof they received it.

That is awesome the account number is not the same, good for you, you can fight this one and most likely win. Goodluck and keep us updated. I have a CACH account too, I will be watching for your results.

Yes, send the validation letter ASAP.

I know that filing a legal suit puts a pause on the SOL, My concern is that they put a bogus payment on the account to re-age the original debt.

Fed,all I can offer is if they are stupid enough to try and you have your proof that date changed,you now have a cause of action under the FCRA. Most lawyers that do these suits intend on scaring consumers more than real evidence.Court can be a scary place because you may just run into the 1% of collectors who possess the required evidence to win.Remember Discovery is your friend and tell them to put up or shut up.

I have read alot on discovery and I thank you dearly for that advice. I just sent them another dv letter, on put on it 3rd request, with a copy of thier affidavit and ask them if this guy who signed it is going to show up and testify that he has first hand knowledge. I have copies of all three certified letters, with reciepts, their bogus responses to take to court with me to show that they will not prove to me they own this bill or even how they calculate. I am wondering at this point if they will ever take me to court? I never get a response from the same attorney, I have 4 or 5 different responses, from the same firm, all different attorneys. Like anyone who gets my requests answers it, I don't think that is kosher either. what are your thoughts there?

Fed, until they take you to court or at least serve a summons you have got yourself covered pretty good. Once they serve you,you can file your answer and file a motion to dismiss based on lack of evidence to prove claim.If a motion to dismiss is not good enough to run them off,then you can start the discovery process thru the court system to attack their evidence.

ok, this sounds good, I will see what comes back on this certified letter I just sent them. Then I will file a motion to dismiss due to for of evidence.

what if you do not have the money to pay the funds that the collector is trying to get from you? Please let me know .. I recieved a letter to go to court on 1/15/07.. -

Is there a way if you cannot pay this debt to have it waived?

They cannot squeeze blood from a rock is my general opinion.

I have been fighting these guys for over 7 months using SOL. After a review from 3 years ago I find out that wife made payment to them without my knowledge. (Her mistake) Since this account is an individual account (mine) not wife does her actions constitute a waiver of my individual rights

At the end of the calendar call, there were nine (9) defendants in the room. The Chief Judge (Judge J. Roth) - State Court of Fulton County - in the State of Georgia, to my surprise, called a 'huddle' with the Court Clerk - Mr. James Barnett - and after about 3~4 minutes of ear-to-ear whispering, the Judge 'decided' that he would NOT dismiss the cases. He stated that these cases 'could' go into 'limbo' and... "you may never hear of them again...". But the fact is that the Judge (Roth), refused to dismiss the cases.

Earlier, during the calendar call, the few cases where the Defendant failed to show... the Judgment was GRANTED to the Plaintiff. Of the few where the Plaintiff didn't show... the case was DISMISSED.

Funny... in this situation where there were so many cases (Plaintiff CACH, LLC vs. 9 Defendants), the Judge 'decided' to NOT dismiss the cases... instead offering some nebulous verdict... of the cases going into limbo...

Perhaps, someone out there (from GA especially) has had this happen to him/her?

Is there an Attorney (Ga Practice) who reads these posts and knows of such decisions by a Judge?

My instinct tells me that there is a MOTION that can be filed... to have the case (against me, anyway) dismissed.

What would such a motion be?

CACH, LLC is an unscrupulous business. I'm certain that they (and the lawyers they retain) have broken a few rules along the way.

At this stage of the game, and with the methods employed by CACH, LLC, I'm wondering if they contribute to a WELFARE FUND for the court system?

Is there a financial LOSS to the State Court(s) - filing papers, filing fees, etc. - when the Plaintiff fails to show and cases are dismissed?

I live in GA, but not an attorney, you can find one by going to naca.net. You should have been able to have the judge dismiss the case if CACH could not produce debt validation in court.

WHAT COMPANIES THAT HAVE BEEN BOUGHT OUT ARE USING THIS COMAPNAY FOR PAYMENT?

i delt directly with a firm representing CACH LLC they scared me into making a few payments because they claim the balance wass so high (5,000+ which i dont remember it being)once I spoke to someone they advise i shouldnt make the payments until the company can verify the debt.

this person claims they requested this on my behalf, and all contact with the lawfirm stoped. i thought it was all taken care of

today i go to my bank and there is ahold on my account! what do i do?!

please email me!!! email deleted..paulmergel

elana,please do not put your personal info on a public forum.you did that on another thread.register and exchange info via PM.

I never received a summon to appear in court with these people. I've receive a letter from my employer telling me that they have a judgment to garnish my wages is there anything that I can do about it.

check with your county court.the letter should have been from the court.first check with them to see if judgement was rendered.never trust cach llc for anything.

Once they start the garnishment is there anything that I can do to stop it or lower the amount? I called CACH and they said that they can't do anything to stop it or lower the amount. They are taking 25% of my check and I can't afford to pay my bills with what is left. Please help me and tell me what can I do about that. I'm planning on talking with a bankruptcy lawyer do you think that would help?

if it is a court ordered garnishment.then no.if you are the same as above.you can file a motion to vacate the judgement for improper service as you were never summoned.go to the court clerk and ask how to do this.

Just one question can bankruptcy stop a garnishment for cache?

yes it can.in fact bankruptcy stops all creditor actions.including lawsuits and garnishments.