Debtconsolidationcare.com - the USA consumer forum

court summons cache llc

Date: Sat, 10/06/2007 - 08:07

Submitted by anonymous
on Sat, 10/06/2007 - 08:07

Posts: 202330 Credits: [Donate]

Total Replies: 8


I live in California and I just got served this morning a summons for credit card debt from October 18, 2000 that was sold (supposedy) to cache llc. Apparently the company is suing me for this debt and is wanting to collect over $2000. I thought that I had paid this debt off... I don't have the kind of money that the suit is asking for... attorney fees for the plaintiff, interest, cost of the suit and whatever else the court deems as proper. I am not exactly sure what to do. The paperwork says that I have 30 days from the time of being served to file a written response... i am not sure what i am supposed to write or how to go about doing it. I cannot afford an attorney and I am not sure that i even owe this money. but I don't have records that go back as far as 2004 (when they say the debt was sold to them) to double check. I am not sure what to do at all...


Hiya--

ok, I want to make sure I understand this--where exactly did the date October 18, 2000 come from? Is the the date the account was opened, the date it was charged off? This is very important--exactly when are they claiming this debt became delinquent?


In California, written debt contracts have a statute of limitations of only four years. This means, if the debt first went delinquent more than four years ago, and within the last four years you have not made any payments or payment arrangements, then the debt is outside the SOL and they cannot legally sue you over it unless you dont bring the SOL up. So, please let us know what that date represents, it could be the answer to this whole thing.

As far as the summons, all you need to do for an answer is address each paragraph they have listed on the complaint. For example, the plaintiff might have stated:

1. Plaintiff is hereby owed the sum of $3,801.39, which includes a past due balance of $2700.47 plus additional fees and interest.

Your answer would simply be:

1. Respondent(some places use the term defendant) denies the plaintiff's statements in paragraph 1.

Do this for each of the statements they made.

Now, once you get back to us about that date, you will possibly have something additional to add, depending on what it means. If this debt is outside the SOL, you will have this to add after your responses:



Again, that is only if it is really outside the SOL, and I have a feeling that it is. Regardless of the amount owed, or if it is really your debt, the SOL is an end-all defense, but it is only a defense if you invoke it. The court will not step in and throw their case out because of SOL without you saying anything. You must use SOL as a defense, but by doing so, there is no way for them to get around it.

Get back to me about that date and we will see what we need to put together for you

Jon


lrhall41

Submitted by skydivr7673 on Sat, 10/06/2007 - 08:53

( Posts: 2036 | Credits: )


This is an old credit card debt. I tried making payments through dec. 2008. They wanted more than I could afford a month and keep adding interest . The card was taken out approximately 1983.


lrhall41

Submitted by on Sat, 03/14/2009 - 13:05

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I have a default judgement on me for about $13000.0 from a credit card debt. This was filed in 06". most of the chrges on card were from medical debt due to no health insurance. There is no way I can repay this debt because of my health. Is theire any way to get this resolved/ I little or no money. The most I can come up with is about $1500.00. Judgement is hurting my ability to earn any income in some cases. Am I out of luck? How long will this stay on my credit. Someone told me that Cache pays less than .10 on the dollar for these debts. I need help! Is there any way to resolve this?


lrhall41

Submitted by on Wed, 08/26/2009 - 06:53

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Cach indeed pays no more than a couple cents on the dollar. That being said, you still owe the money.

To the OP, 2000 was probably when it went delinquent. If any payment (or charge-off to CACH) was made within the past 4 years, you're out of luck.

And to the moderator above: do you always try to get people to figure out sneaky ways to weasel out of debts? Or is this a one-time thing? I disagree with SOLs, even if they are the law, as its silly to say that after four years of non-payment a person (in essence) no longer owes any debt and was unjustly enriched.

Although, that's why I'm glad we have the judgment process.

As an account representative working in a law firm with CACH as one of my clients, I deeply resent the way that this board goes about things. Although I've yet to see someone here attempt to break the law (don't misconstrue my words), you all skirt a very fine line of what's acceptable and what's morally bankrupt.

Filing a response where you deny the debt will get you nowhere. A court date WILL be issued, and most times, silly people will ignore these dates, thinking the answer was enough. Then a judgment is placed against them and you call crying about how sad your life is.

Don't get into debt, if you don't want it. My only sympathy goes to the individual with medical debt. There's nothing you can do about need for medical treatment, and I believe it's unfair for the hospital to sue you. However, if you weren't making any payments... you kinda brought it on yourself.


lrhall41

Submitted by on Mon, 07/12/2010 - 13:24

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Quote:

Originally Posted by Anonymous
Cach indeed pays no more than a couple cents on the dollar. That being said, you still owe the money.

To the OP, 2000 was probably when it went delinquent. If any payment (or charge-off to CACH) was made within the past 4 years, you're out of luck.

And to the moderator above: do you always try to get people to figure out sneaky ways to weasel out of debts? Or is this a one-time thing? I disagree with SOLs, even if they are the law, as its silly to say that after four years of non-payment a person (in essence) no longer owes any debt and was unjustly enriched.

Although, that's why I'm glad we have the judgment process.

As an account representative working in a law firm with CACH as one of my clients, I deeply resent the way that this board goes about things. Although I've yet to see someone here attempt to break the law (don't misconstrue my words), you all skirt a very fine line of what's acceptable and what's morally bankrupt.

Filing a response where you deny the debt will get you nowhere. A court date WILL be issued, and most times, silly people will ignore these dates, thinking the answer was enough. Then a judgment is placed against them and you call crying about how sad your life is.

Don't get into debt, if you don't want it. My only sympathy goes to the individual with medical debt. There's nothing you can do about need for medical treatment, and I believe it's unfair for the hospital to sue you. However, if you weren't making any payments... you kinda brought it on yourself.



pi$$ off humanoid.your post is typical of bottomfeeders,and the dirt eaters who hire them.or sell the debt as CACH is a group of junk debt buying scuzz.btw the SOL exists for a reason so JDB scuzz doesn't just violate the law the carte blanche.if the person knows the debt s past SOL,and keeps on you then your bottomfeeder is SOL,and thanks to this site there are more and more people who aren't letting humanoids like you just get an ill-gotten dollar.in closing i will state that nobody here really cares for your pro bottomfeeder post.there is two things you can do about it.

1)nothing,and
2)like it.


lrhall41

Submitted by paulmergel on Mon, 07/12/2010 - 13:35

( Posts: 15514 | Credits: )


Quote:

Originally Posted by Anonymous
Cach indeed pays no more than a couple cents on the dollar. That being said, you still owe the money.


What really gets me is that CA's like CACH buy up old, often no longer collectable debts for, just as you said, a couple cents on the dollar.....and then they act like they deserve to get paid the full amount. Here's the fact, jack--if I didnt do business with your company then you dont deserve to get paid by me. Here's another fact that you really need some education on...when CACH pays only a couple cents on the dollar, my guess is that 9 times out of 10 CACh doesnt have any documentation to even prove that they have any legal right to collect a debt. And I really dont hate to tell you this, but no documentation means no proof....and no proof means you dont deserve squat from me. If you dont like that, then blame people like your client--people that try to collect on accounts that they dont have the legal right to collect on. And, since youre on a holy quest for CACH in here, allow me to inform you that CACH is one of the worst CA's in existence. If you doubt this, simply go review their PACER records sometime. They SUCK ON ICE. So dont try to blow smoke in here. I was born in the morning, but it wasnt this morning.


Quote:
And to the moderator above: do you always try to get people to figure out sneaky ways to weasel out of debts? Or is this a one-time thing? I disagree with SOLs, even if they are the law, as its silly to say that after four years of non-payment a person (in essence) no longer owes any debt and was unjustly enriched.


First off, I didnt write the laws. The laws would not be necessary if it werent for scumbag debt collectors that built your industry's well-deserved bad reputation all on their own. The laws exist because of how your kind have resorted to downright disgusting tactics to steal money from people when you cant even prove they owe it, much less that they owe it to you.

Second, you have NO BUSINESS coming in here whining about unjust enrichment. If you cannot follow the laws, you dont deserve to get paid. Is that REALLY that hard for you morons to understand?

Quote:
Although, that's why I'm glad we have the judgment process.


As am I.....like I said, a quick stroll through PACER online shows just how often your client CACH has been a defendant in the "judgment process". Thanks for playing.

Quote:
As an account representative working in a law firm with CACH as one of my clients, I deeply resent the way that this board goes about things. Although I've yet to see someone here attempt to break the law (don't misconstrue my words), you all skirt a very fine line of what's acceptable and what's morally bankrupt.


You, my good sir, need a clue. Where do you get off talking about ANYONE being "morally bankrupt" when your firm represents one of the single biggest crooks of our generation?

Quote:
Filing a response where you deny the debt will get you nowhere. A court date WILL be issued, and most times, silly people will ignore these dates, thinking the answer was enough. Then a judgment is placed against them and you call crying about how sad your life is.


I cannot count the number of times that people in here and elsewhere file their answers.....they deny everything that CACH and other bottomfeeders like them claim.....then they actually show up in court....and CACH drops the case because THEY HAVE NOTHING. Talk about sad???? What kind of complete idiot files lawsuits when they cannot even provide evidence to their claims? YOUR CLIENT, thats who.

Quote:
Don't get into debt, if you don't want it. My only sympathy goes to the individual with medical debt. There's nothing you can do about need for medical treatment, and I believe it's unfair for the hospital to sue you. However, if you weren't making any payments... you kinda brought it on yourself.


Here's a news flash for you--the overwhelming majority of all who work for debt collectors in this country are in debt up to their necks, have bad credit, and are themselves being called by debt collectors because they cannot pay their bills.

Class dismissed, have a nice day.


lrhall41

Submitted by skydivr7673 on Mon, 07/12/2010 - 17:27

( Posts: 2036 | Credits: )


If any payment (or charge-off to CACH) was made within the past 4 years, you're out of luck.

Payment- Yes you are almost 100% correct. In nearly every state (but not EVERY state) a payment restarts the SOL. It doesnt in all of them btw some have to have a written acknowledgment.

But charge off resetting SOL? Please put down the pipe. A charge off does NOT restart SOL. In fact it has nothing to do with it. SOL starts in all states by the DOLA or DOFD, neither of which is the charge off date. It is at BEST 6 months prior to the charge off date if no other payments have been made on the acct muddying up the waters.

When your bottom feeding clients buy a debt has zero to do with SOL as very often from what Ive seen its not even in CACH's portfolio until after a typical SOL expiration (~3yrs in most cases).


lrhall41

Submitted by rown on Tue, 07/13/2010 - 04:32

( Posts: 70 | Credits: )


How well do you sleep at night??? You represent the very criminals corporate America, who bankrupted the middle class then got a bail out on our taxpaying dollars!!! We did not vote to give the bail out to the scum. How about we sue the credit card companies, the sleezebags who buy their debt, and the people like you who represent them???
Quote:

Originally Posted by Anonymous
Cach indeed pays no more than a couple cents on the dollar. That being said, you still owe the money.
To the OP, 2000 was probably when it went delinquent. If any payment (or charge-off to CACH) was made within the past 4 years, you're out of luck.
And to the moderator above: do you always try to get people to figure out sneaky ways to weasel out of debts? Or is this a one-time thing? I disagree with SOLs, even if they are the law, as its silly to say that after four years of non-payment a person (in essence) no longer owes any debt and was unjustly enriched.
Although, that's why I'm glad we have the judgment process.
As an account representative working in a law firm with CACH as one of my clients, I deeply resent the way that this board goes about things. Although I've yet to see someone here attempt to break the law (don't misconstrue my words), you all skirt a very fine line of what's acceptable and what's morally bankrupt.
Filing a response where you deny the debt will get you nowhere. A court date WILL be issued, and most times, silly people will ignore these dates, thinking the answer was enough. Then a judgment is placed against them and you call crying about how sad your life is.
Don't get into debt, if you don't want it. My only sympathy goes to the individual with medical debt. There's nothing you can do about need for medical treatment, and I believe it's unfair for the hospital to sue you. However, if you weren't making any payments... you kinda brought it on yourself.


lrhall41

Submitted by on Thu, 09/30/2010 - 00:51

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