Cach llc is suing me, what proof do they have to show?

Keep your fingers crossed and pray that they don't show up in the next court date as well. If that happens you would be acquitted without worrying about the debt in future.

Now, if they show up, demand proper validation, ask for the original credit card agreement which has your sign on it. But since they have already agreed that the statement is the only proof that they have, then most likely they won't be able to produce the original contract. And with no proof, there won't be any case.

Thank-you SC! I am wondering, I read somewhere that another person had a similar experience with them and the lawyers for cach llc did another no-show and the judge just gave another extension. Could this really happen and if so, how could I stop it?

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Everything you send Cach LLC, you must copy the court on it, meaning send to the court with a certificate of service. Also, everything you mail MUST be sent Certified Mail with a signature requested, because they love to say 'we didn't get it'! Good luck!

Hi Tony,
I???m far less than a expert, but what I understood is that Cach, llc doesn???t have any concrete evidence against you. So you can go ahead and ask for a debt validation instead of a debt verification.

In return the collection agency should furnish you with certain details such as a written proof which shows that your debt has been sold off or assigned to them.

Along with that a statement of your account payment history which will help you to ascertain the total debt amount.

Moreover, the original agreement /account statements from Bank of America.
Do send the letter of validation via certified mail with a request of return receipt and once you get the validation report you can check, whether they are licensed to collect debt in your state or not.

If you don???t get adequate proof then you can ask them to remove the collection listing because according to Fair Credit Reporting Act the collectors should not report a negative entry to the Credit Reporting Agencies if they don???t validate the debt. Besides, as per Federal Debt Collection Practices Act if the collection agency doesn???t validate your debt, they are not entitled to collect payments further. On the contrary, you can also appeal for a motion to dismiss.

Hope this will help you.

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Check an copy all three of your credit reports. Call the court to see how long will they give you to get representation. Call a lawyer that specializes in consumer issues, so will give you a free 30 minute consultation. Also, look up the consumer protection act and print it off. I personally will be talking to a representative in the AG in Colorado. You do have rights, follow through.

The adventures of Cach LLC., and the Law Office of Sidney Mickell,
It first started off I needed a vehicle, to continue on with my business, then a credit card showed up in the mail. “Sweet,’ I said. Then when the economy went down the tubes, the finances literally hit the fan, and all consideration of offers went out the door. Customers weren’t paying, and neither could I. One day, two days, three days late, calls came in then went, I pondered the question should I pick up the phone, and listen to someone tell me about my obligation. After awhile, the calls stopped! Then a letter came in the mail from the 3rd party collection agency, CACH LLC’s legal representative followed by a call from a lackluster voice on the other end requested full payment. He talked, I denied, call ended. I didn’t send the letter of validation, should have, but didn’t. A second letter appeared in the mail, and before not too long, an attorney, relay’s a message that if there is not going to be any consideration of the assignment, then there will be a lawsuit. The words just rolled off his lips so elegantly. Later, I would find after that call CACH LLC, (AKA. CA Holding Inc.; Autus, LLC.; CA Internet Marketing, LLC: CACH of NJ, LLC; CAC, LLC; CACV of Colorado, LLC; CACV of New Jersey, LLC; Candeo, LLC; Collect America Commercial Services, Inc., Collect America, Ltd., Healthcare Funding Solutions, LLC, Orsa, LLC and Refinance America, Ltd. ) Seriously wants to collect their investment.
Nine O’clock PM to Nine Month’s
My roommate calls me to the door, and a kid is standing there in the door way, no more than 18, requesting me. Are you so and so he states, yes! You’ve been served, and papers land in my hands. I really wish I asked who was at the door. As I looked over the Summons, with complaint my head was spinning, “Oh God,” I exclaimed. The reality of credit card debt, hits me. A couple days later I started to communicate with a friend who works as a paralegal. He gave me the necessary resources to respond, (CCP’s, forms, and books). Like a racket ball court, Appearance, admissions, special ROG’s, response, demand, CMC filed, CMC- both parties no show, Court date filed, Sleepless nights, looking for court citations, procedures for Pro se litigation. From what I retained from Forensic Speech Debate’s, Law classes and lack of funds. I find myself making numerous mistakes. Wondering, if I dotted all my I’s and crossed all my T’s. The Court date just a couple of days away, and I find myself learning court procedures, lack of sleep, and how to refute evidence.
As far as the debt is concerned, I would pay it if I could, the original creditor, through buy back litigation. Getting a judgment, I have nothing to lose, except for dignity, and I think that was thrown out the window when I signed up with the debt in the first place. But I am going to fight, with a 50/50 chance of winning. A couple of things though, the discovery that was presented to me was incorrect, and the information that was protected by attorney client privilege (ACP), a bunch of BS, why can they call on ACP when I can’t, is still a bunch of crap. But I guess I can still use some of my constitutional rights, to protect myself from self-incrimination. Maybe!? This is where I could use four years of law school. The evidence that was given with refutation: Affirmative defense’s
[FONT=Calibri]1. [/FONT][SIZE=3]B of A account number denoted by xxxx-xxxx-xxxx-####, does not correlate with original account number(s), nor has defendant ever created acceptance for such said contract with B of A barring the account number xxxx-xxxx-xxxx-####. [/SIZE]
[FONT=Calibri]2. [/FONT]The GENERAL contract (CARDHOLDER MEMBER AGREEMENT) presented by plaintiff predates the original contract by 7 years, and should not be accepted, nor is the contractual evidence presented to defendant legible by the average layman.( a pre-printed copy, non- complete)
[FONT=Calibri]3. [/FONT]Attorney requesting Usary charge of 31.490% per annum, not stipulated within contract, and attorney fees non in association of 3rd party Collection agency, contract does not stipulate assign(s), and denotes collection costs and Attorney’s fees can only be collected by BANK OF AMERICA attorneys.
[FONT=Calibri]4. [/FONT]CACH LLC- is not affiliated with BANK OF AMERICA
[FONT=Calibri]5. [/FONT]Contract (CARDHOLDER MEMBER AGREEMENT) does not stipulate transference of debts, and defendant was ill informed of Charge-off, until collection agency so stated of Charge-Off, Defendant never received a letter of account closure from Bank of America.
[FONT=Calibri]6. [/FONT]CARDHOLDER MEMBER AGREEMENT ambiguous illegible, and lacks signature of defendant.
[FONT=Calibri]7. [/FONT][SIZE=3]AFFIDAVIT OF CLAIM AND CERTIFICATION OF DEBT -Defendant suspects Plaintiff a collection agency knowingly purchased debt, from a Junk Debt warehouse for pennies on the dollar, to only then reappraise [COLOR=black]unsubstantiated [/COLOR]debt. Affidavit so stipulates that the “original contract in the matter has been destroyed,”[/SIZE]
? That “hard copies have been retained,” but never produced to defendant, in order to clearly validate debt.
? That the account number displayed, does not reflect original contractual obligation with Bank of America, and has been altered,
? That the opening of the account date post dates
? That a charge-off has occurred,(accounting term that stipulates account closure, and has been written off for tax purposes for accounts deemed uncollectable.) that affidavit stipulates a charge-off interest, non-disclosed in CARD HOLDER MEMBER AGREEMENT.
[FONT=Calibri]8. [/FONT]That plaintiff has not voluntarily conveyed an original contract, nor signature of agreement to such said contracts.
[FONT=Calibri]9. [/FONT]Also that such said contract only pertains to those citizens that live in the state of California.
[FONT=Calibri]10. [/FONT]Defendant denies living in such said state, and has never accrued an interest in debt, in such said state.
[FONT=Calibri]11. [/FONT][SIZE=3] Defendant affirmatively Admits to having an account with Bank of America, but affirmatively denies to having an account with the numbers associated with plaintiffs presented account, nor creating an account barring the number of such said account.[/SIZE]

Any Suggestions?

First, a question. Did CACH include in the complaint an affidavit supposedly by an employee of the OC, Bank of America? If so, would you be willing to identify the affiant, the notary and where it was allegedly signed? I suspect CACH forges these affidavits. I am trying to build a case for this, and any information you could provide would help.

Second, a suggestion. Since this is a Bank of America account, try the arbitration strategy. Choosing arbitration denies their right to litigate. Check out the legal forum at creditinfocenter - dot - com for more info.

Not in the "complaint," but in the 'response for production of documents' by OC's Bank Officer, Affiant, Michelle Samsel and notarized, in the Affdavit by Cindy Hill in N.C.

Just did a google search for Michelle Samsel, and found she has a LinkedIn page, as does every other affiant I am aware of that CACH uses. What's really interesting about this one is there is no evidence she works at a bank. She is listed as a Domestic Goddess.

CACH IS forging these affidavits, they are getting names off the Internet.

Any state AGs out there listening? It's time to put CACH out of business!

[QUOTE=Anonymous;664146]Just did a google search for Michelle Samsel, and found she has a LinkedIn page, as does every other affiant I am aware of that CACH uses. What's really interesting about this one is there is no evidence she works at a bank. She is listed as a Domestic Goddess.
CACH IS forging these affidavits, they are getting names off the Internet.
Any state AGs out there listening? It's time to put CACH out of business![/QUOT]


Has anyone found out if this Michelle Samsel is really a bank officer for BOA? I too have a supposed affidavit she signed for litigation purposes.

You can engage in discovery if you are involved in a lawsuit. You can ask the plaintiff interrogatories about the affiant, her resume, etc.

I am going through the same thing as Tony K, but my credit card had disabitiy insurance on it. When I became disablied I got the run around. Then found out they sold direct merchats bank, sold the debt to CACV. Somedays they claimed to own the debt, others they claim to be collecting for DMB.
Anyway after I still refused to pay they won a jugement against me,when I did not go to court. A court date I found out about over a month later. I felt well they were wrong but they won, thats the end. NOT, now the debt has been sold again to Meriam investments and it starts over. Any advice?

Hi, I received a letter from CACH LLC telling they have started a law suite for a line of credit I had with Wells Fargo Bank. They never provided me full account number. I contacted the CHACH LLC's law firm and they only say it is for a credit card loan. My original loan was for $15,000. They added $3000 and asking me for $18,000. I am unemployed, now. What should I do? I read few answers here. Should I let them sue me and fight back and ask them for proper validation? Did anyone of you used an attorney when CACH sued you? If I loose what would happen? Also, I checked with a debt agency and that loan was never reported against my credit for some reason.
[RIGHT][/RIGHT]
Or should I file bankruptcy and look into some debt settlement program?
Please advice

Send the collection agency (law office) , a request for statement of witness and evidence, If they do not show you what they have against you they will not be able to use it at trial. Show the Judge that you send them the form and they did not respond.Most likely they will ask for a continuance and you will get another date, They love to drag this on to wear you out in hopes that you will miss the court date. GOOD LUCK !

http://forms.lp.findlaw.com/form/courtforms/state/ca/ca000196.pdf