Citation from District Court

Go here: budhibbs.com/debtcollectorpages/collect_america_cacv.htm
Read all of this. Then go here: http://www.naca.net/ If you don't already have an attorney.

Link made inactive as per forum rules - Mike

Quote:

Would you mind explaining the situation behind the case? You might have read the story about CACH LLC and their illegal collection practices. If you have a legal stand, the judge will rule the case in your favor. You can put a summary here so that we can identify the situation and offer you suitable advice.

The situation in short is my husband and I split up in December of 2004 at which time he said he would take care of this debt in my name. In December of 2005 I happened to be at our home at which time a phone call from an attorney's office in Houston, TX was taken by me. I spoke to the lady about this debt and she insisted I pay it in full. I explained the stiuation to her and told her I could not pay this in full but did want to work out a payment plan with her. A week later I recieved a letter from them. Once again I assumed a monthly payment was being sent to this new debt collector. I never heard back from them nor recieved any more mail from them until today, in which I recieved a summons. Also the amount seems riduculously high to me. Not sure where to go from here or even if there is something I can do to resolve this matter. Is it too late??

Send the debt validation letter through certified mail asking the details. You need to know the actual amount they are collecting for. Send your request through certified mail with return receipt requested. Do you have any proof of your past correspondences? If you can show those, it will put you in a stronger side showing that you were keen to take care of the matter. It is not too late. If you can talk to an attorney, he might assist you in the right direction. The company will also be willing to settle the case outside the court if you can assure your payments. In case, if it reaches the court, the judge will get the matter straight and fix your payment plans.

How do I get any information on this company?? I don't have any correspondence from them at all. I know the amount they are now saying I owe, which seems really high to me. I also remember the lady i talked to telling me they bought this debt for 6,000. I'm at a loss here as what to do next and on the citation it says i have 15 days to respond. Can I personally respond or do i have to have an attorney??

You can personally respond if you can handle the matter or take the advice of your lawyer. Besides, you have the legal rights to dispute the debt. Without this information accurately given, the judge cannot get a case against you. Send your documents to the company and dispute the debt. Send your letter through certified mail with return receipt requested so that you can show copies at the court and cover your basis.

So do I send this letter of dispute of amount directly to lawyer on citation or do I have to file with the clerk of court?? I've been looking to find a lawyer to help me with this matter to no avail. Seems no one around here wants to take this sort of case. My time is slipping past and it seems I've gotten no where as I did with this CACH company when I tried to settle this debt with them. Thank you for any help you can give me.

Go here: http://www.naca.net/
They should be able to help you, whether it is recommending someone or actually representing you.

Has the judgement already been filed, or is it a notice of a court date? Have you gotten a garnishment notice?

I went to that site and did the search for an attorney in my area. It said no matches found. As you can tell, i'm totally lost in this matter. I also made about 10 calls today to find a lawyer and no luck. I'm thinking about writing my own letter to them but what i'm wondering is do i send it directly to CACH lawyer or go thru the clerk of court??
For the next question, it's a citation from district court. It has NO court date on it but does say i must respond in 15 days, which 3 have gone by already and i feel as lost as i was then. I've gotten no garnishment notice yet. It is a legitmate citation, as it was delivered by marshall and i signed for it and is also signed by clerk of court office. What I'm not understanding is the "ONE" time i spoke with CACH I was very anxious to start some kind of payment plan with them, at which time they told me this debt had to be paid in full. Then I never heard back from them until Tuesday with this citation. What a mess this is but I do feel a little more educated than i did when they called me months ago.
Again, thank you all for any help you're able to give me.

Ok, then that means there's no judgement on your credit report yet...You have time to work out some arrangements, remember 15 days is 15 working days...And we've got a holiday coming up, so you bought an extra day..
When you register with this site, you receive a call from a counselor. Have you gotten yours yet? I don't know the siz of your debt, but if you have other debts, consolidation is always an option. At any rate, they can help point you in the right direction. You've been given great advice by the others..Definitely get a validation letter out immediately, even though you know you owe it..It can buy you some more time. Good luck, let us know what happens.

And i'm NOT doubting i owe "some" of it but this $9400 is almost double!! I'm going to go ahead and send a letter of validation out and once again ask them to settle this debt with me. But would they be willing to make out a payment plan or does it have to be paid in full as the lady told me the one time i talked to her? I'm getting frantic here as time passes by... Can't believe i got myself in this mess! SIGHS

No it doesn't have to be paid in full at one time. You are supossed to be able to make "reasonable" arrangments.