CACH, LLC Default Filing for CA Received
Date: Tue, 11/18/2008 - 12:53
I live in California, and had a credit card debt, owned by Providian, who then merged with Wamu I guess shortly before I couldn't make payments anymore. Long story short, to get a divorce from an abusive spouse, I was stupid and agreed to take on a large credit card debt (that was just in my name because his credit was bad). It was about $8k at that time.
Well, I didn't realize that I couldn't afford the payments, and live on my own. So I stopped paying the credit card payments around spring of 2006. I got a lot of collector calls, and the debt moved around from collector to collector. I tried to work with a few to make a settlement, but they were all sleazy, and wouldn't agree to pursue matters further even if I made an agreed upon payment amount. So I began writing Cease and Desist letters (?sp) everytime collectors changed hands. Until...CACH,LLC. They have been calling like crazy, and ignoring do not call letters.
Sorry for the long post, but I have so many questions surrounding the following situation:
I just recieved a notice from CACH LLC via regular mail (it wasn't even certified mail). Inside, was a copy of a filing for default judgement with the Superior Court of CA. It wasn't signed or stamped by the courts. And the judgement amount entered was $0.00.
So I am totally confused. I haven't received a summons at all for a court date, and my limited knowledge of law (coming from my divorce), is that a Default filing is made when the defendent doesn't respond to a summons or court hearing. So is this default filing valid? What do i do with it? Do I respond some how, and to who? I have no way to pay this debt, and no assets other than a 401k, so do I need to file for bankruptcy to stop this?
Check the court system where this judgment was supposedly grante
Check the court system where this judgment was supposedly granted. Judgments are always public records. I smell BS.
I checked online just a few minutes ago...there is a filing from
I checked online just a few minutes ago...there is a filing from back in June :(
I don't understand, because I was never served or summons. This is so weird!
I guess I was wrong. If your fnancial situation will allow, you
I guess I was wrong. If your fnancial situation will allow, you should contact a consumer law attorney. even if you don't have any cash, most attorneys will give you a free consultation and you'll have a better idea of what to do if you have to do this on your own.
I'm no attorney, but I suppose the next step for you would be to have the judgment "reversed" for lack of a better word due to not being properly served. Also, I believe there is a way to check online exactly how and when you were served. Again, I'm no attorney and I highly recommend that you at least try to get a free phone consultation with one. Good luck.