Cach LLC - help?

Date: Thu, 08/06/2009 - 17:39

Submitted by anonymous
on Thu, 08/06/2009 - 17:39

Posts: 202330 Credits: [Donate]

Total Replies: 2

So, like many other posts I've read, it seems that Cach LLC is sueing me now. I got a summons from them in October 2008. I replied with a debt verification letter. Today, August of 2009, I just got the debt verification - basically account statements from 2005 showing a balance due + late payment fee every month, no activity from me.
I also got a notice of hearing from the local court, stating I have a hearing date on October 8.
So, here are the details.
It's an account from Chase Manhatten Bank. The account was opened in August 1998. It was charged off in Feb. 2006. The listing on my credit report says "Transferred, closed. $-- written off."
Creditor's statement says "purchased by another lender."
That's info on my credit report, that I printed today. My credit report from 2007 lists Cach, LLC, but the most recent report only lists Chase Bank.
The account was opened in Indiana (SOL 10 yrs) but I am being sued in Texas (SOL 4 years) (as far as I can figure out, correct me if I'm wrong).
I can't particularly afford a lawyer, nor do I really want to go to court over this. I'm self-employed though so I can't really lay out a big bunch of cash to settle this. Also, from what I've read if I call and try to settle for less than they say I owe, they will just tell me they will see me in court anyway.

What do I do?

Since you're asked to be present at the court on the said date y

Since you're asked to be present at the court on the said date you need to appear before it to avoid getting a default judgement.

With a default judgement the creditor can levy your bank account or may put a lien on your property. To avoid this you need to be present at the court on 8th October to put forward your defence.

You don't need an attorney at the small claim court.

lrhall41

Submitted by SC on Fri, 08/07/2009 - 03:13

( Posts: 3937 | Credits: )

If they are already suing you then you will have to go to court,

If they are already suing you then you will have to go to court, otherwise they will get a default judgement against you. Call your local county civil court, verify that there is really a court case, and inquire about Legal Aid, where you can get an attorney at little to no cost.

Also, if there really is a court case, then make sure you file a Motion for Discovery (ask the court how) so they have to prove that the debt is yours. It *far* more detailed than debt validation.

Here is a great site on the civil court process, including possible defenses. It is for New York, so it may vary in some details with your state.
"http://www.nedap.org/hotline/court.html"

lrhall41

Submitted by Chrys Henderson on Fri, 08/07/2009 - 03:14

( Posts: 2538 | Credits: )