Law office of Larry Roach

if you have an address.send a DV letter to them asap.send it certified mail return receipt.

Thank you Paul. Do you recommend I simply reference the call from today and ask for the typical validation info - i.e., name on account, account no., amount allegedly owed, and proof they are allowed to collect on it? The thing that stumps me is that she kept referencing WAMU - the account used to be with WAMU prior to Chase taking it over, which is about the time we stopped paying. We never made any payments to Chase when they got the account. I am not trying to get out of something we owe but how can they be collecting on behalf of WAMU when it is supposedly now a Chase account?

well CHASE doesn't charge off normally,but WAMU might.that is why you need them to validate.also the verbal exchange was out of bounds by her.it is not up to you to prove you don't owe or how much.it is up to them to prove you do owe,and how much.i know they merged,but they still might keep their individual policies.that is why you demand something in writing,or validation before paying a cent.

Thanks Paul. As usual, your words of wisdom make sense. I have found an address and will get a DV ltr out (hopefully today).

if not today asap.

The office of Larry Roach, oh yes, they are nothing more than a freakin joke, and the chances of them validating your debt is very low. Make sure you follow the law to a tee with them, and keep every piece of correspondence you receive and keep a journal of all phone calls, ask the person's name who is calling and what their position is at the law firm. Keep records!

If you are in CA, Larry Roach can't sue you. And you should complain to your state bar and to Ohio's for unauthorized practice of law. He's only admitted in Ohio, and he shouldn't be harassing people out of state. Also, it sounds like they violated the Fair Debt Collection Practices Act by threatening to take an action (suing you) that can't be taken. They now owe you $1000 in statutory damages.

It sounds like the WAMU account was sold off to CACH, or CACV or Collect America, whatever they are calling themselves in your case. This is the game they play: first the account goes to a "law firm" in another state, then, after about a year, after they pile on interest at 20-30%, they transfer it to a lawyer in your state who will sue you.

Answer the suit and fight back. They sued me, but haven't responded to my motion to dismiss. Which the court should grant in the absense of their reply, unless the court is totally corrupt.

Thank you for sharing your experience with this "law firm." I know that unless they have an attorney in their firm licensed to practice law in CA, that they cannot sue me but I also know they can hire/find an attorney in CA who can do that.
I took Paul's advice and sent off the DV letter via cert. mail, return receipt req. yesterday so we will see what happens now.
I know she probably violated the FDCPA by threatening a lawsuit but I am not sure how much proof I have of that other than her word against mine. Maybe that's all I need??
Anyway, I did document that conversation for future reference - I'm sure I'll need it at some point.

To "My experience - in Ohio,"

Technically the collector did not break any laws if she said "...recommend to our client to start legal proceedings." The Law Office of Larry Roach is an actual law firm with Larry Roach as the acting council. They operate under a network of law offices owned by Collect America out of Denver, CO. In most cases, Collect America owns the debt (after purchasing it from the original creditor and/or other collection agencies) and retains these offices (they are represented in 42 different states) for their collection purposes. While the Law Office of Larry Roach cannot litigate outside the state of Ohio, they can recommend that Collect America (their client) move the file from their office to the office that Collect America has in California (yes they have one in CA). Going by the quoted words of the original poster, the collector did not threaten to sue her, only that she would recommend that their client take legal action. You are of course entitled to documentation proving that your husband is in fact responsible for the debt. While most debt buyers and agencies do not have that information readily available, they can request it from the original creditor. Often times, however, the information kept by an original creditor is very limited after they sell the debt, and may only contain the last 2 billing statements and/or original contract.

That's my 2 cents, I just didn't want the original poster to get the notion that she was entitled to some money if no laws were broken, or that she was exempt from being sued. While the debt may belong to her husband, California has community property laws which make it possible for her to be sued if her husband doesn't have the necessary assets.

all good points,but if the OP sends a DV letter then i don't care who is attempting collection.a lawyer or a JDB.they can't pursue the matter further without validating.as we all know on this forum CACH franchises don't exactly act within the boundaries of the FDCPA.

By law they are supposed to hold the file and cease all collection efforts until the DV has been mailed. It is possible to legally get a phone call for a collection attempt before you actually have the DV. If you don't have the DV within 5 days of the phone call then they have broken the law. I really don't understand why they would call knowing that it was just mailed that day, it's obvious that you wouldn't have it yet but it's not illegal. I don't know how CACH franchises operate so I cannot comment on that.

Hello out there,

I had the same experience this morning, except the lady's name was Amanda. I am in the process of investigating because I never heard of anything like this. I will be contacting a law office here in California and also have a few of my law enforcement collegues look into the matter. Thanks for posting your concerns because I thought I was the only person being targeted.

I have practicly the same issue m account was transfered to a collection agency called arrow financial which collect america bought the acct from them i wasnt paying until it got transfered to larry roach office they were taking out payments for a whole year i get a letter stating to call them in regards to my account so i call and they say they had to resubmit the payment paln and see if it was able to be process for payments last payment was in april they said they were going to start taking out the renewal payment in june but ever since it never came out but i dont see them on my credit report just arrow financial which i thought it was bought by collect america and larry roach office my mom is a cosigner also and im tryna see what to do to get out the mess since i see alot of scam complaint on larry roach idk if i wanna call them to ask why havent they taken out the payments and it still affect my mom.

My husband and I are separated he charged somethings on our sears card (citibank) He hasn't paid which is wrong. But now these guys are telling me it is my dept and they are going to sue me if I don't come up with $5000.00 which is an aweful lot for a set of tires and a bed..My ex called them and tryed to set up a payment plan of what he can afford at the moment which is $50.00 they told him this was unacceptable. Isn't it true that as long as you are making some effort towards paying they have to accept this? Also after the first bill from sears my husband contacted them and gave them his new address to send the bill however he nor I received any bills.

First who is "THEY"? Are you referring to Lying Larry J. CockRoach?

Here is the deal and it is a double edge sword! If the debtor sends any payment to any debt collector it should be ALWAYS sent certified mail and they do have the right to accept or deny your payment(s). HOWEVER, if they accept your payment and it has been some time, it will reset the statue of limitations to that date. If on the other hand, they deny our payment(s), then they do not have "grounds" or "foundation" to seek adverse action (legal suit) again you. If they do, then you have them.:D

Well hello there, Mr. CP. Let's clear up a few things, shall we?

First, this thread is a year and a half old. Questions have already been answered. Why are you adding your nonsense now?

Quote:

Let me help you here and give you as well as everyone the correct info! First of all what you need to know in this. CA Holdings is a privately held company that "wholly owns" (God I just love this bull crap word) Square Two Financial, Inc.

Now Square Two Financial is a publicly held company and a nation junk debt buyer, which mainly buys "charged off" debt from 8 national banks and credit card issuers, that are within 180 days from the charge off. Typically they will buy your account for pennys on the dollar and by this I mean like $0.02!

Square Two Financial, Inc, did start out as Collect America. Before then it was Guardian Financial, Inc from about 03-2005 to 11-2007 at which time Scott Phillip Lowery and his associates changed it to Collect America from 11-2007 to 1-2010. What is interesting to note here is where the business was located at the time. It was located at The Republic Plaza at 370 17st street in Denver, Colorado. In the Plaza was not only a lot of attorney offices such as Scott P. Lowery, but there were other major businesses such as major natural gas companies and you guessed it banks! Primarily Bank of America. Scott was devising his plan to start a national debt buying company and he did so with the inside help from these executives from Bank of America and other banks which had offices in the building at the time.

Everyone with me? Great! Now being in debt collections you are going to run into legal situations and it is not a matter of if, but when. So how do get around that? Simple you form subsidiaries! Pay attention here! Under Square Two Financial, you have CACH, LLC, CACV (Collect America Collection Vehicle) of Colorado, LLC, CACH of NJ, LLC, CACV of NJ, LLC, Orsa, LLC, Candeo, LLC, and Autus, LLC. Now these subsidiaries of Square Two Financial have no real employees and are just a front or a dumbie business that purchases charged off debt and places that debt with the lower franchises which I will get to in a minute. So why have a dumbie business? Simple! Not only can Square Two Financial rent and charge lets say CACH, LLC for virtual office space, office equipment and even employees, if a lawsuit comes about, they are going to go after CACH, LLC and not the parent company. Then if needed they can just dissolve the business and form a new subsidiary in its place.

Now aside from those subsidiaries, you also have Health Care Funding Solutions, LLC. This is just like the ones above but it mainly deals with medical bills. You also have Square Two Commercial Funding, Inc, and this one is aimed more at comerical debt of say a business. This Commerical unit is located in Lenexa, Kansas and kindo fo where everything all began before moving to Denver, Colorado. Plus there is Square Two Financial Canada, Inc, which is actually in Canada.

The next thing you need to know is that all of these subsidiaries as well as the parent company were incorporated under Delware state laws of incorporating. Next in November and December of 2007 and 2008 the parent company (Sqaure Two FInancial) and all of it subsidiaries moved to their new location of 4340 South Monaco Street, 2nd Floor, Denver, Colorado 80237. Health Care Funding Solutions, was moved there in 06-2009.

Next is the local law firms and the national network of franchise debt collection attorneys. Let's start with the locals. There are a few local franchises that are owned by top executives of Square Two and they operate on a contingency plan. In short the franchises are mostly independently owned and operated.

PAY ATTENTION as I give some key information here! The franchise agreements range from 3 to 7 years and with some contracts expiring in 2013 and others in 2017. The cost for the franchise is $50,000 but the franchise is expect to invest between $250K to $500K to be profitable. Under the franchise agreement they are not allowed to work for any third party. This is important if you are getting sued by them. One their franchise lawyers cannot beconsidered to be working for say CACH, LLC and they CACH, is the Plaintiff and they are the Plaintiff's attorney. That is false representation and there are some federal laws that this violates. The franchiee debt collection attorney is paid contingent fees per dollar collect from you the alleged debtor. Those factors include like the age of the debts, balances, your willingness to pay etc. In return parent company (Square Two Financial) earn 2%-4% royalties on each dollar collected. In short the franchise attorney can earn 96% on each dollar that they can squeeze out of you. So why to you think they hound you so hard? Greed!

Now I have read most of the posts here and on other site and there is a few things that need to be cleared up! Normally they are going to attempt to send you a demand letter and most likely start in with the phone calls. What you don't know is that there is usually information that comes with an account Square Two Financial buys. If you get a demand letter, a wise thing to do is check your credit report and look at the section of inquiries. You may notice a number of lawyers who have sought a copy of your credit reports, which they are legally allowed to do. However note the reason for obtaining your credit reports and if they have the same address 4340 South Monaco Street, 2nd Floor, Denver, Colorado 80237. They can get away with this because each is and independently owned franchise. So why would they do all of this? Great question! They are qualifying you. They are monitoring your credit reports and watching to see if you respond to their demand letter(s) and phone calls.

NOTE! It is illegal for anyone to obtain a person's credit report for the reason(s) to deterimine if they are worthy of filing a legal suit against for any gain.

The next thing is the DV (debt validation) letters you guys keep talking about. Do they need them. Not really! How do they get around that? Simple They have your credit reports and they send that demand letter to a prior known address. You don't get it. Next they take about 6 statements to your alleged account and file suit against you. That is validation of the debt and enough grounds to file a civil suit against you . That is foundation! Next they instruct the court to send the Complaint (summons) to a prior known address. Why? Simple they tell the court that was the last known address that came with your account. You don't show up to court and next thing you know you have a Default Judgment against you that can last 20 years people!

With that default judgment they can be awarded to garnish you bank accounts adn this is typically done before you have any idea it happened. Next is wage garnishment to your employer.

But lets say you are aware of the demand letter and you did get the summons. You need to contest the matter in court. Again everyone calls is Debt Validation, but in most courts you are going to file a request for More Definate Statement. Same thing but the latter of the two is the more legal way of stating it.

Okay, So Larry J. CockRoach has filed a default judgment against you and you contest is and with an award motion for more definate statement his IS and IS GOING to submit a one page bill of sale affidavit along with at least 6 billing statements, a contract and PAY ATTENTION HERE... with the contract Larry will cite Calvary SPV v. Lorraine T. Furtado 2005 Ohio 6884 and I quote "Credit card agreements become binding upon the parties upon issuance and use of the card; they do not require a signed agreement between the parties." Big deal Larry! Right back at ya with Delawder v. Platinum Financial, 443 F. Supp. 2d 942 (S.D.Ohio March 1,2005; Griffith v. Javitch, Block & Rathbone, LLP, 1:04cv238 (S.D.Ohio, July 8, 2004); Gionis v. Javitch, Block & Rathbone, 405 F. Supp. 2d 856 (S.D.Ohio. 2005); and hell we might as well go for the bonus round here right?... Blevins v. Hudson & Keyse, Inc., 395 F. Supp. 2d 655 (S.D.Ohio 2004), later opinion, 395 F.Supp.2d 662 (S.D.Ohio 2004).

At this point you and the CockRoach are at Discovery. So Larry is going to send you Interrogatories and Admissions, which is the legal way of saying questions and answers as well as production. That means produce and documentation. If this happens keep your answer short simple and to the point. For example he asks, "Defendant obtained a credit card from John Doe Bank and the balance is $4321.99" You answer should be like this "DENY" and that is all! Remember the plaintiff bears the burden of proof! This mean he has to provide reasonable proof! You also have the right to send him the same questions and answers to him. But be aware of his famous lines and in this case... "Objection, Plaintiff objects on the grounds that the request is irrelevant and not reasonably calculated to lead to the discovery of admissible evidence as it relates to the claims and defense before this Court."

So what he is hoping for is that in the Interrogatories and Admissions is that you will give him enough further evidence to seek a Summary Judgment. A summary judgment is just that... a summary of the statement, contracts discovery and all that. Again DO NOT GIVE HIM ANY MORE INFO TO USE AGAINST YOU!

What you are going to demand to see it the Forward Flow Loan Agreement or in other words the Assignment and/or the bill of sale of your account from whoever it was with to Square Two Financial subsidiary and to Lying Larry J. CockRoach. Again, bear in mine that he is a Franchise under CACH and Square Two Finaancial. Be prepared to get a line of crap and him sticking to their robosigned one page affidavit. Do Not Panic! Now most Forward Flow Agreements / Assignments are at least 30 pages and the Seller (the credit card company) is most likely going to state in them "Seller has not represented, warranted, or covenanted the number, nature, accuracy, completeness, enforceability or validity of any accounts or accounts [ sic] [FONT=Calibri]information." A great example is at the following link https://www.documentcloud.org/documents/329734-usb-forward-flow.html . Notice this is between U.S. National Bank and Livington Financial, LLC and 28 pages long. Print it out and take it with you saying something to the effect that how can Larry Roach submit a one page bill of sale affidavit and when most average 30 pages. Ask in the discovery questions if he omitted or altered any documents! [/FONT]

[FONT=Calibri]Again PAY ATTENTION to this! Do Not Panic! If you DO contest the debt, which is what you want to do and it goes to trial, the person from the "Original Creditor" is required by law to be at the trial to testify to their personal knowledge of your account including but not limited to the nature, accuracy, completeness, enforceability or validity of any accounts or accounts. This is good for you as now you can find out the truth if the one page assignment is bogus or Larry knowingly omitted a large number of pages. Additionally, if your account was with John Doe Bank, who sold it to Jane Doe Bank and then to CACH, LLC and the transfered to Larry J. CockRoach, well then there needs to be a documentation (a paper trail) of each assignment back to the original creditor. [/FONT]

[FONT=Calibri]Further do you recall me stating to check your credit report? Look to see if the original account is posted and if it shows any negative info. Look at the comments. If it was sold or transferred it can only say that. Now look at the Collections part and see if Larry Roach or any of Square Two Financial's subsidiaries have listed the account. Look at the comments! It should say the account is being disputed by the consumer and cannot list any negative info it it is being disputed. Further in their comments they love to state "They were HIRED to collect blah blah blah from Jane Doe Bank." How can you be "hired" when you submit to court a "bill of sale" affidavit saying you own the rights to collect on the account? You can't! Just be aware of the trick and schemes Larry employs![/FONT]

[FONT=Calibri]A number of posters are correct in that if Larry Roach does sue you, it has to be filed within the county you reside or where the transaction took place. Be aware that an attorney can have license to practice in more than one state. From our research, Larry Roach is only licensed in Ohio. We hope to change that! [/FONT]

[FONT=Calibri]Also be aware that under Ohio law if you get your case dismissed, pray that it is with prejudist as Larry has two attempts to try the case. This means if you get the first case dismissed for whatever reason, he WILL re-file it! This will normally be done under a new case number. Also if you do win, be prepared! He WIIL attempt to appeal the court decision! Larry thinks he is a sly crafty debt collection liar, I mean lawyer. However a study of his case law which is public knowledge reveals otherwise. [/FONT]

[FONT=Calibri]The information in this post all comes from his various debt collection cases he has tried in Ohio. Take heed as he will and does employ the tactics stated herein and pretty much down to a tee! Remember that he is a franchise and a franchise is all about an effient system. [/FONT]

[FONT=Calibri]What we strongly advise is that if you have any dealings with Larry J. Roach or The Law Office of Larry Roach, file a Grievance with the [/FONT]

[FONT=Calibri]Ohio Supreme Court Disciplinary Counsel! http://www.supremecourt.ohio.gov/DisciplinarySys/odc/default.asp[/FONT]

[FONT=Arial][SIZE=3]You can also check the attorney directory and find out more on the main page, left menu under "Attorney Information". [/SIZE][/FONT]

[FONT=Arial][SIZE=3]Additionally you will want to file numerous complaints to The Ohio Attorney General's Office [/SIZE]
[SIZE=3]Ohio Attorney Generals Office[/SIZE]
[SIZE=3]Consumer Protection Section[/SIZE]
[SIZE=3]30 E. Broad St., 14th Floor[/SIZE]
[SIZE=3]Columbus, OH 43215-3400[/SIZE]


[SIZE=3]Phone Number: [/SIZE]
[SIZE=3]614-466-4320[/SIZE]


[SIZE=3]Toll-free: [/SIZE]
[SIZE=3]1-800-282-0515[/SIZE]

[SIZE=3][FONT=Arial]Summit County Office of Consumer Affairs

Website: http://www.co.summit.oh.us/conaffairs.htm

[URL="http://www.co.summit.oh.us/conaffairs.htm"]Summit County Office of Consumer Affairs[/URL]


Email:
[EMAIL="consumeraffairs@summitoh.net"]consumeraffairs@summitoh.net[/EMAIL]

Address:
Summit County Office of Consumer Affairs
175 S. Main St., Suite 209
Akron, OH 44308


Phone Number:
330-643-2879


Department of Commerce


Website: [URL="http://www.com.ohio.gov/fiin"]Department of Commerce[/URL]



Email: [EMAIL="webdfi-cf@com.state.oh.us"]webdfi-cf@com.state.oh.us[/EMAIL]

Address:
Department of Commerce
Division of Financial Institutions
Consumer Complaints
77 S. High St., 21st Floor
Columbus, OH 43215-6120


Phone Number:
614-728-8400


Toll-free:
1-866-278-0003


TTY:
1-800-750-0750


And because the Parent company, Square Two Financial Corp. and its Subsidiaries are in Colorado, you will want to file complaints with government agencies there as well.

Use this government Consumer Protection Link to find the agencies to contact for all 50 states.

You also want to file conmplaints as posters have stated with the

Federal Trade Commission; www.ftc.gov

and the...

Consumer Financial Protection Bureau : http://www.consumerfinance.gov

The Better Business Bureau

Ranting on site like this give exposure and insight but little corrective action. File the complaint and again, if you get any type of debt demand from Lying Larry J. CockRoach as we call him here in the office, be sure to follow through and contest it!

AND If you have been contacted by Larry Roach and/or CACH, LLC from a prior Bank of America of FIA Card Service, N.A.account between 2009 and 2010, Contact us right away! We have the full 39 page Forward Flow Agreement between FIA Card Services, N.A. and CACH, LLC. Contest the lawsuit! We sending for the price of copying and postage. We would post it but guess who comes after us to take it down, delete it, or remove it.








[/FONT][/SIZE][/FONT]

Yes I know the the thread is an year and a half old. But I found it didn't I? The information within it is only partly correct! And thus, it is our goal to inform consumers of the real truth. Again posting here on a year and a half old thread is good. If we found it, surely others have too!

We post a lot of various site like these to inform people. No disrepect here but may I point of an obvious trait among site like this. It doesn't matter what industry or what topic is covered, it is evident that in any formum you will get a Sr. poster like yourself who loves to call things to attention, quote the obvious, and maybe perhaps show a bit of authority?

Again it is simple and very obvious sir! Many people are still be sued and taken advantage of by this guys and if the thread is not locked or deleted, then it becomes searchable, just as we found. So I would sincerely hope that you are keen enough to see our reasoning and leave it at that.

If you are of the authoritive moderator type and wish to flag, delete it, etc, then so-be-it! But then you are part of the solution but part of the...

Mr. Consumer Protection

let me be the second in "authoirity"to call you out as the long winded post can be found easily.we are here because of our experiences with places like this and other bottomfeeders.nobody is disputing that this is a bottomfeeder.the issue is your wrong information.ohio gal is an expert and a moderator like me,and she picked your post apart,and was spot on doing it.posting wrong info,and coping an attitude is going to get you nowhere on this site.got it chief?

Love the reply !!!

I'm not sure what it is exactly that you think you added but, whatever. I don't really see anything "new."

Thanks for sharing.

I also find it funny how, whenever the phrase "I mean no disrespect" is used, nothing but disrespect generally follows.

You are responding to a post that is a year and half old and the poster you are was not a registered member.

Deal with current issues, not old ones you can grandstand your knowledge on.