Hi, I'm in Arizona. Cach,LLC sent us a summons on

Unless the CA properly validates the debt, you're not legally liable to pay the debt. However, if you've received a summons, then you should give a reply to it and also appear for arbitration.

We did answer the summons. Was that the proper place to request validation? If they don't provide validation, can't you get the whole thing dismissed?

You ask for the documentation during discovery, and if they don't provide then you file a motion to compel.

When does discovery occur?

Here's the thing--they basically are forcing you into arbitration. There is only one legal way for them to do so--they must have an established agreement between you and them, in which you agreed to be subject to arbitration in case of a dispute.

There is only one way to prove that you are subject to arbitration--that would be the original credit agreement, signed by you, that includes a provision for arbitration. I would go into arbitration requesting proof that they have the legal right to force you to arbitration in the first place. I would demand that they produce an original credit agreement, bearing your signature, and including a provision that they are entitled to choose mandatory arbitration like this. If they cannot produce that, I would then motion for dismissal. Whatever you do, you need to push this--do not rely on them to do what is right, because CACH has a history of breaking law after law. Stick to your guns, and learn your rights under the law. They must be able to prove that you owe the debt--and they will often try to do this without producing an original contract with your signature on it. But if you do it this way, it forces them to prove that they have the legal right, and that means producing the original signed agreement. Many times, arbitration finds in favor of the debt collector without requiring such proof, so by doing it this way you are forcing their hand.

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