CACH updated my credit report!

They're taking you to court? Is it past the SOL?

Yes, my court date is May 29th. It is not pas SOL but very close, very very close! I don't understand how a CA can NEVER send one statement or even anything telling you they now own this debt then BAM, file suit against you! I've sent them 3 different vadlidation letters with NO response. The only time's i've ever talked to them is when I called them. This has me sick!

Is it a real court thing, did you check with where they say it is?

It's real, unfortunately! :(

I guess you could have them DV the debt, and if it come back with all the DV you requested then send them a settlement letter....I'm Not sure :(

oh ya and if it's not your debt or if they're saying its a different company then I'd defiantly send them a DV, and if they don't give it to you before court I think you can ask the judge to postpone the judgment until you receive the DV...

I have sent them 3 DV letters in the last year and a half. I'm not denying the debt is mine but i AM denying the amount of the debt they say i owe! It's triple now of what i owed the orginial creditor. This last letter i sent at the beginning of the week, i also sent ALL of my other debt validations along with it and stated that i have NEVER gotten anything from them by mail nor have i ever gotten a phone call from them. The only times i've ever talked to them has been when I called them and they NEVER called me back on any of our attempts to settle this. IT's almost like they pretend to go away so they can come back and sue at a LOT more than the original debt! Seems like a scam to me but what do i know? I'm really getting nervous and scared as the court date gets closer. Anyone have any idea what I should expect in court? And also, would CACH still be willing to settle this before the court date? (for a lesser amount of course) I'm confused and frieghtned!
Thanks in advance!

Ang,they are playing a bluffing game with you. Whether you settle before court is a personal decision.I would bring all that paperwork with me to court and let the judge know that the debt has always been in dispute and they have never answered your questions about the legality of the debt.

Ok, Cajun but i am SO nervous over this! I'm NOT in dispute that i DO owe a debt that I have defaulted on but what i DO dispute is the amount of this debt. And I'm really worried about them freezing my husband and I's checking account. Bud Hibbs recommended an attorney but I haven't heard back from him and the court date is getting closer and closer! Is it possible that the judge will let me make some sort of payment plan? I DO want to pay what i rightfully owe and had CACH allowed me to do this from the first conversation I've had with them, I'd be halfway thru paying off the original debt! How can they expect someone to pay on a debt when they NEVER send anything telling you they now own the debt? Guess I'll call this attorney back today and pray he calls me back!

have you tried sending a settlement letter?

Yes an attorney taking over would help a lot because he could introduce counterclaims for their failure to validate and for continuing to court without validation.

Yes, I have sent settlement letter along with DV! I've never denied owing what i rightfully owe, it's the 3 times they've added on. I'm in NO way trying to get out of paying them what i owed Chase! It's all these added on cost, a $4,000 debt went up to $9,000 now to $12,500. And what i dont' understand is, they say it's for court cost and attorney fees and their collection fees. Where do all these fees come from? I've NEVER recieved one piece of mail from them and only 2 documents from the courts. Probably all of 30 minutes work for an attorney! This seems to me way over and beyond what should be charged for these services. Am I wrong here?
And i called the attorney back but got an answering machine and left yet another message. Praying he calls me back soon! This is making me sick but guess I have no one to blame but myself!

Do wat Cajun says, seek an attorney that will help you.

I think Chase and Bank One merged and maybe that is why it shows up as Bank One on your CR.

I'm not sure if this is even important but yes i did know that. Actually i thought Chase bought out Bank One. That's where I have my checking account, Bank One for years now it's Chase. But my credit card was with Chase, i NEVER had one with Bank One. maybe they're combined now.... all of this is very confusing to me and nerve racking as my court date gets closer and closer! All I want is to set up a re-payment plan that's benefical not only to me but to what i rightfully owe. What are the chances that will be allowed by the judge?

Sorry, I forgot to sign in or put my name again! I feel defeated... :(

Ang even if they were to win and hold a judgement,they can only take what is not exempted income and assets. So they would end up taking payments anyway.I would fight them myself because by some of their actions,you have counterclaims a lawyer could work into your pleadings.Good luck to you.

What is not exempted income and assests? I CAN make payments as I've told them from day ONE! SIGHS!
Not sure you saw in my other post cajun, but, i'm cajun too, live in louisiana!

Ang every state has exemptions of income & property that cannot be touched. Since you are not strong on law,I would ask that you contact an attorney to review your casefile.

Ang if you lose the judgement will earn 9.5% interest per year on the balace plus legal costs. I am looking into what La. has set up on their post judgement proceedings in case they win.

I have spoken to a lawyer recommended by Bud. They are supposed to call me back. I'm just getting nervous as the time is getting closer! The court date is for Judgement Rule, so if I'm understanding correctly, they've already won! The lady from the lawyers office wasn't sure there was anything they could do for me but said she would call me back after she spoke to the attorney about the case. Haven't heard from them yet and I won't be home until later this afternoon. All I want is to set up a payment plan and pay these people once and for all and be rid of this misery! (even if it IS a LOT more than my original debt) Like i said, i feel defeated!

Ang I copied this from lawdog.com.It describes judgement process & what property can be exempt.La does allow wage garnishments too. It should be capped at 25% of disposible income.

Wow, thanks Cajun! I think I understand better, a little anyway. The law is confusing to me! Now as for property, the house we live in was for my husband before we were married, is it considered community property? Also, I only work part time and am paid cash.... We do own 4 cars (all paid for and older cars) and a boat... My husband has a savings account under only his name and the moneys put in it are from inheritance from his dad, oil royalties, also not community property right? I have NO access to this account unless I ask him for $$! lol
Like i've said a million times! All I want is to set up a payment plan and pay these jerks off! Is there any chance of that happening? Had they not inflated this debt 3 times the amount, I could have it paid off in less than a year.... now might take a bit longer!
Thank you SO much for all your information, it comforts me a little bit.
Again, thanks,
Ang

Also, i KNOW this is grasping for straws but.... what happens if Dendy doesn't show up for the court date? One can always hope, and if you're gonna dream, DREAM BIG! :)

If they don't show up,immediately verbally ask judge for a dismissal with prejudice.This will prevent them from filing in the future. If they already have judgement,ask judge to condemn costs to them for lack of appearance.

Also, Cajun, if i have partial lump sum (what i've been saving since they wouldn't take it) should I offer that to go towards the judgement? Or should I just start making payments if allowed? (hopefully it will be allowed!)
And thank u SO very much for all your help! It's greatly appreciated!
Ang

I wouldn't give them a sniff until judge has ruled on the court proceeding.

That's what i thought! Thanks again Cajun! Greatly appreciated!
Ang

Hi Ang--looks like we're all from LA....

ok, the first thing is this amount. The fdcpa limits the amount that a CA can tack on to your original debt--as found in FDCPA, section 808:



This may work in your favor there. Also combine that with the fact that they have refused to validate the debt three times. Cajun was right--hopefully your attorney will get back in touch with you, as I feel you have more than just a little on your side here.

Something else--you said that you had a partial lump sum that they refused--can you explain this a bit better? Did they refuse to accept any payment from you, or did they refuse to accept that sum as a settlement, paid in full?

Keep us posted on this, and good luck!

Upon first contact I made with them I offered a monthly payment plan which they refused so I started taking the money I offered them and put it aside. (some how i KNEW they'd come back) Of course they did come back and at that time i offered them the lump sum i had saved up as paid in full or once again a monthly plan which would have totalled more than i had already saved up and btw.. which was more than Chase is showing charged off on my credit report! All times they refused to work with me in any way! I personally think it's a scam to get more $$. A LOT more $$. I recall on the first call to them in Nov 2005, the woman told me when i offered her $5,000 that they would NOT settle for that since they bought the debt for $6,000, (may not be exact amount but close) Now I see on my credit report that Chase charged off $4,400. So, HOW in the world did they buy this charged off debt for MORE than it was worth? Hummmm.....

the short answer is they didnt buy it for 6000--debt collectors would not be in business if they had to pay that much to buy a debt. DC's buy debts for pennies on the dollar--if I had to guess, I would say that they probably bought your debt for 10% of the original amount, or something like that. In either case, I wish you had a way to document the offer you made to them....it could prove handy in front of a judge to show that you offered five grand and they refused it. I am beginning to think that I need to start recording every conversation I ever have with anyone, lol....

Anyways, you have the documentation of multiple demands for validation, right? That will be evidence right there, as they are not allowed to continue debt collection efforts once you make that request, until after they have provided the validation to you.

I agree, I think it is a scam. As I posted earlier, they cannot charge you additional costs unless those costs were agreed upon by you when you originated the account. Costs can accumulate, but three times the original debt is a bit far-fetched, I think.

Yes I DO have all previous documentation and in ALL of my validation letters I also asked to start paying on this debt.... So, I wasn't trying to get out of paying for what is rightfully my debt....
I'm also like you and trust NO one now cuz I trusted these people especially when I heard they were a law firm! Looking back that was VERY naive but chalk it up as a very good life lesson learned! All be it an expensive one!