Hi everyone, Today I received a 3 separate enve
Date: Sat, 02/26/2011 - 14:43
Today I received a 3 separate envelopes in the mail containing:
1. "Proof of Service of Notice to Consumer or Employee and Objection"
2. "Deposition Subpoena for Production of Business Records"
3. And lastly, a letter that states, "Be advised that CACH, LLC., obtained a judgment against you in the amount of $24,326.49.
From what I've read on this wonderful forum is that I should request a debt validation, check the SOL, and demand proof of a contractual obligation between me and the owner of the debt. Although I have been doing a lot of research, I am still very confused as to what to do. Any help/suggestions as to what steps I need to take would be great. I am overwhelmed with their law jargon.
THey have obtained a judgment against you...it is a little late
THey have obtained a judgment against you...it is a little late to be DVing or checking the SOL. Did you receive summons? Go to court? That was when you needed to have brought up these issues. If you ignored the summons and didnt respond or go to cour, SOL is moot...the clock started ticking all over again when they got their judgment.
My original debt came from BofA but they wrote it off. This is t
My original debt came from BofA but they wrote it off. This is the first letter I am receiving about the debt from the pursuant company, CACH, LLC. It seems they had been mailing me letters to an address I hadn't lived at in years. I'm not sure how they finally got the right address, but the address listed on the letters and notices I received today all have my old address on it. The envelopes they came have my correct address though.
Why are they asking if I object to the production of all of my records from CHASE bank. I don't even have a banking account there?
Did you ever go to court over this? It looks like the may have
Did you ever go to court over this? It looks like the may have gotten a default judgment against you. You need to contact the courts and look into it. If you were not served properly you can get the judgment vacated due to improper service.
No, I haven't gone to court over this. I will contact the court
No, I haven't gone to court over this. I will contact the courts on Monday and ask. Thanks for the tip!!
I called the county court office today, and yes there was a defa
I called the county court office today, and yes there was a default judgment against in October of 2010. I called the attorneys office and asked them how come I wasn't notified of a court date (or anything for that matter) regarding the issue. They told me that my brother had accepted the subpoena on my behalf. My brother said he never signed or took any paperwork from anyone. He did say that someone had come by asking for me though. Apparently, per the man at the attorney's office, in the state of CA anyone that says they know me can accept a subpoena on my behalf. That's such BS! I wish I had money to hire a lawyer....
In most states, any adult living at your address can be served o
In most states, any adult living at your address can be served on your behalf. Does your brother live with you?
I would have your brother swear out a statement, get it notorized and file with the courts for lack of service.
ok, several things here.... first, you said that CACH was sendi
ok, several things here....
first, you said that CACH was sending letters to an address you didnt live at in years. This is a pretty standard deal with bottom feeders like CACH....save those letters, and more importantly, save the envelopes that they came in.
My guess is this--they probably had service sent to the old address, where you do not live anymore. This is illegal, when it can be proven that they knew your correct address. Those envelopes prove it. They knew exactly where to send you notice to say "we got judgment against you, now pay us". Generally, the rules of civil procedure in most states say that you are to be served at your usual place of residence, as long as this place is known to the plaintiff.
You got notice about the lawsuit--did they sue you in the county you reside in? If not, then they have violated federal law there as well. Do you still live in the same county as the old address?
There are a lot of details here that you need to go over in detail. check your PMs....
No my brother doesn't live with me. Funny how they served the c
No my brother doesn't live with me. Funny how they served the court papers to the proper county court office. My old address is in a different county, but yet they knew not to file it there.....
Definitely follow up on this. File a motion to have it vacated.
Definitely follow up on this. File a motion to have it vacated. If your brother doesn't live with you then he can't accept service for you, but I would have him sing an affidavit and get it notarized.