CACH judgement & settlement

Btw... the new amount owed according to CACH is now 14,000. Forgot to put that in my first post.
Ang

I many states when you go to court they try to reach an agreement that works for everyone to avoid judgement. I don't know how it works in your state. Maybe someone knows. I can tell you though, make sure you show up. Make them show proof that this is yours and how they came up with that amount. Challenge everything. Is there any possibility of getting an attorney to represent you from the NACA. If so request a continuance by writing to the court clerk and tell him or her that you need more time to seek legal counsel. Better to pay a lawyer than to pay these legal bullies. When is your court date?

In Louisiana they can garnish only 75% of your disposable income. Which if you had any you would have been paying these people. If you have any assetts they are more likely to file a writ to put a lien on those. ie. stocks bonds property etc. This is not done in the judgement court. All that will be decided is whether you owe the money or not.

I've dealt with 3 NACA attorney's already Frog and the last one was gonna try to settle the amount for me and charge me 500 bux so figured i cud settle on my own for free! Just didn't realize the amt had jumped another 5000 bux! He broke it down for me today, 2250 is for atty fees the rest is interest... hummm that still doesn't add up now does it?
I'm SO confused don't know where to turn. Court date is next Monday, 24th.
Ang

OH wait and another 500 in court cost but that still doesn't add up! Ok let me add this up: 2250 in atty fees, 1400 in interest and 500 in court cost = 4150. Close but what about the other 850?
Hummm.. I need this in writing for sure!
Ang

At what rate are they charging interest? That is a lot of money and you really should get an attorney. There is an old saying that a person who represents himself in court has a fool for an lawyer. Not that you are a fool but none of us know what they can legally charge. 2250 attorney fees is a rip off. I would request a postponement and get an attorney. When they see you have one they will most likely be willing to make a settlement offer. If their legal fees are 2250 before they go to court think of how much they stand to lose if your lawyer makes them actually work!

He said they can charge 25% for atty fees. And also the atty i spoke to told me more than likely he cudn't settle for less than 9,400. He didn't seem like he wanted to deal with this!
Now what does disposable income mean? Guess i AM a fool huh? ha ha
Ang

I am sorry to hear about your continue battle with CACH, LLC they are evil :twisted: I hope someone comes along and gives you some good advice.

Good Luck Ang

ladybug

BTW I don't think they can garnish disability benefits for a non federal owed debt. I am on disability and was told that my income is exempt from garnishment, this was stated by an NACA attorney.

I believe only debts owed to the government and child support are only a few things that can be garnished. Now since you own property that is another story altogether.

Someone with more knowledge than me obviously will be along ang.

ladybug

Yea i have stocks, a 401K, property in AL, 4 cars (paid for) a boat, a lakehouse and my home... Hubby has savings acct but it's inheritance so i don't think it's community property and my savings is in daughter's name.
I guess i'll just bite the damn bullet and pay them what they want!
Depressing,
Ang

One thing you might be able to try, it could get the judgement nulled. (kinda sketchy and kinda underhanded, but then again aren't they?) See if their attourney is licensed for the state you reside in. If they aren't they cannot practice law there, most state statutes give that provision.

Already checked into that and he is! I've had 3 diff NACA atty's look into my case file, since i didn't answer the summons there's nothing to be done now but pay it! Was just hoping to get a lesser settlement amt... doesn't look like that's gonna happen.
Ah well tomorrow is another day!
Ang

I don't understand. If your court date is Monday why don't you ask for a postponement and retain a lawyer? How could you have not answered the summons if your court date has not come up yet?

It's a court date for garnishment Frog! They've already recieved the default and i've been to court for them to examine my assests now it's a court date to garnish my husband's wages...
I posted just a min ago of what's up now...
Ang

Call the attorney and say you're in the process of retaining an attorney and ask them to send you to draft a stipulation adjourning the inquest/motion to garnish. Ask for 3 weeks time, sign the stipulation as "pro-se" and also ask that they carbon copy you with a copy stamped from the court. That's your best bet

I've already gotten the advice from 3 diff NACA atty's and none cud offer any advice other than settle with them which i did today. Haven't mailed the payment yet but got the letter of SIF and know what i need to do from here... All 3 atty's told me the exact same thing and NONE cud help me anymore than what i did myself and they wud have charged me $500 to do it!
All 3 looked over my whole case file.
Thanks for all the advice but i've already done everything in my power besides answer the stupid summons to begin with, so my mistake now i gotta pay for it!
Ang

I see now what you are saying!

Sorry i wasn't more clear before Froggie! :D
I've been thru all the hoopla and now comes the time to either: a) have my hubby's wages garnished or b) pay up! Guess I'll pay up! Actually what i've been trying to do since this first began, of course didnt' plan on having to pay SO much but it is what it is now!
Live n learn,
Ang

:( I'm sorry to hear that Ang, my heart and my prayers go out to you and your husband during this trying time. :(

My sentiments exactly.

Ah well at least we're at a point in life that this won't hurt us tremendously! It'll just be a very expensive life lesson!
:(
Ang

I just received this from my job Wed. DEC 30. I received a request and writ for garnishment of wages for 21,430 (attached). I called CACH, LLC attorneys and they say it's for a credit card that I cosigned for someone named Carolyn Russell in 1997 with Bank of America. Problem is I never cosigned a card for anyone in my life and the person they say I cosigned for I've never met. This also has never been on my credit report and is not now. I never receive a summons. They may have mailed my old address, but I moved from there two years ago to another California. I've already filed a police report for id theft. I suspect the writ may be fake, but my job emailed this to me. I know I need an attorney, but I'm already working check to check. I don't know what to do. I don't want to file bankruptcy for someone a debt that's not mine. I have my own credit issues to deal with and this will ruin me. What do I do?

Sounds a little odd to me. What you need to do first is call the court houses where you live now and probably, where you used to live to see if any lawsuit was ever filed.