Cach LLC Suing Me

Date: Sun, 03/20/2011 - 19:38

Submitted by anonymous
on Sun, 03/20/2011 - 19:38

Posts: 202330 Credits: [Donate]

Total Replies: 6

Process servers have come by twice to my apartment but have not served me. I checked my local county court online and found my name listed as being sued by Cach LLC. I am in California. The original debt was from a Bank of America credit card. Balance: $2445. My credit reports shows that I owe Cach LLC the same exact amount of $2445.
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My questions:

1. If I continue to evade the process server and they fail to serve me, is that a good thing? Pros/Cons? Or should I just allow myself to be served?

2. If I go to the county clerk or whatever county entity has info on the case that was filed, and I attempt to get info on the case, am I admitting to "knowing" about the lawsuit and thus I MUST attend the potential court date that the process servers are trying to serve me with (this is all without being formally served yet)?

I truly appreciate your time for reading and responding to this. Thank you!

Hi! Welcome to the forums! I think you should not ignore this i

Hi!
Welcome to the forums!

I think you should not ignore this issue. If a case has been filed against you, then you should not neglect it. Rather you should contact an experienced attorney and hear his opinion about the matter. He/she will help you deal with the matter correctly. The attorney can also assist you get out of court settlement.

lrhall41

Submitted by Good Nelly on Mon, 03/21/2011 - 02:29

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1.) If you keep living in the same apartment they will probably

1.) If you keep living in the same apartment they will probably eventually serve you. So it depends on how you decide to respond to the suit. Following good.nelly's advice an contacting an experienced attorney is usually a good idea. If you decide not to go that route then can try and settle it yourself or you can fight it yourself. If you want to fight it then you can use the extra time to better help you prepare your answer because once you are served you only have a limited time to respond ( Usually about 20 days). If you fail to respond on time then they will get a default judgement. ( In which case you may have been better off settling) If you respond improperly then they might try and get a judgement on the pleadings or a summary judgement. That's part of the CACH system playbook.

2.) Once something is filed with the clerk it should be public record and accessible by anyone so they don't need to know that it's you doing it. Also while you are there you should try and find past cases that were filed by CACH and especially try and find one that was answered by an attorney. It may be difficult because nationally about 90% of cases don't get answered at all and end in default and only in 1% of cases is the defendant represented by an attorney. When you look at the CACH cases you will find almost identical filings by them from one case to the next with only the names, account numbers and amounts being different. Find cases that came out favorable to the Defendant and check and see if the circumstances match your case. If they match yours you can just change the names and numbers too.
If you can't find any CACH cases where the defendant is represented by an attorney you may want look through some of the other big Junk Debt Buyers cases.

Junk Debt Buyers almost never have the evidence to win at trial if they are properly challenged. But 90% of the time they get a default judgement and don't have to present any. Then a large portion of the remaining 10% they present hearsay affidavits, and documents claiming assignment that don't even contain the defendant's name or alleged account number but are not properly challenged so the judge grants a summary judgement. Or in jurisdictions where they can use discovery they might wait and see if the defendant fails to respond to request for admissions in a timely manner or makes some other mistake then they make the move towards Summary Judgement. But if the defendant clears that hurdle then it's usually more profitable for them go work on one of the other 90% of cases instead of going to trial. Then they will sell your account to the next junk debt buyer and it will start all over again. After they walk away you can try to get it dismissed with prejudice, then for the next JDB you can use the affirmative defense of Res judicata. Just make sure you file it on time otherwise they might still get a judgement.

You may also want to check this out at the FTC site
www.ftc.gov/os/comments/debtcollectroundtable1/542930-00029.pdf

I do not live in CA and I am not an attorney. You may want to consult with an attorney. I'm just telling you what some people I know did in MN and were successful in getting a Junk Debt Buyer to reconsider if was worth their time to continue trying to get money from them.

lrhall41

Submitted by Jetset on Wed, 03/23/2011 - 20:02

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Thank you Good Nelly and Jetset for replying. I appreciate the i

Thank you Good Nelly and Jetset for replying. I appreciate the information and will look into all of it. If/when this is resolved or I find more information I will post it. Thanks again.

lrhall41

Submitted by anonymous on Sat, 03/26/2011 - 12:24

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