Another Cach LLC Post

Date: Sun, 05/02/2010 - 20:34

Submitted by Daniel J Larson
on Sun, 05/02/2010 - 20:34

Posts: 3 Credits: [Donate]

Total Replies: 6

I was given a summons a few days ago and I have been doing research into what I should say in my reply. I did notice a few odd things on it, for instance at the top it lists cach llc as plaintiff and me as defendant but on the other side it has NO. and Summons. Neither of which have any numbers or anything else written. It has sections I II III IV and V. In section II it says[ I'm believed to be a married individual and as such incurred the below referenced separate and community obligation. Defendant resides in King county.] What kind of bs is this? In section III it says [the defendant has been the obligor of a certain credit account bearing number blah blah blah 1234 which has been assigned to plaintiff.] Is this saying they aren't really sure its mine but are trying to push it on to me? The rest is just legal talk and the amount they claim isn't near the amount list as debt on my credit report.

The reps for Cach LLC is Suttell & Hammer,P.S. Bellevue, WA

Now should I ask for a minimum amount they would take to close this out or just ask for a payment plan above what I was paying previously to Scott Lowery.

I have no bank accounts, saving accounts nor do I have any joint accounts with my wife. My paychecks are more like personal checks than normal business checks. I only deal in cash and I have no landline phones either.

TY for any help you can give me.

Since you have received summons, you must file a reply to that w

Since you have received summons, you must file a reply to that without fail to avoid receiving default judgment. Along with file a 'motion for discovery' to get details about the account. Ask the court clerk to assist you.

lrhall41

Submitted by on Sun, 05/02/2010 - 22:03

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It sounds like they may be trying to say you got this account wh

It sounds like they may be trying to say you got this account while you were married so that they can go after your spouse. What state are you in and did you open this account while you were married? If you live in a community property state and the account was opened during the marriage they may be able to go after your spouse.

lrhall41

Submitted by goldenbast on Mon, 05/03/2010 - 09:20

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Its WA state and I didn't open an account up here and I haven't

Its WA state and I didn't open an account up here and I haven't gotten any new credit cards in 4 or more years.

lrhall41

Submitted by Daniel J Larson on Mon, 05/03/2010 - 14:00

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Did you check with the court to see if it is in fact a real summ

Did you check with the court to see if it is in fact a real summons? If you don't recognize this account at all then you want to deny it all and file a motion for discovery to get the important documentation.

lrhall41

Submitted by goldenbast on Mon, 05/03/2010 - 20:13

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I have to physically go to the court to do this or can I call? I

I have to physically go to the court to do this or can I call? I still need to respond though correct? Should I just deny owning this card in response to it?

lrhall41

Submitted by Daniel J Larson on Mon, 05/03/2010 - 22:37

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You should be able to call...does the summons have a docket numb

You should be able to call...does the summons have a docket number? You should also be able to check using your name.

Yes answer! This is imperative because if you do not, despite this not even being your account, it will become yours through a default judgment.

The summons should have a bunch of numbered statements....you can agree to the ones showing your name and address, and deny anything that even remotely suggests this card was yours.

lrhall41

Submitted by goldenbast on Tue, 05/04/2010 - 09:31

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