Back from court...

Ang,go to the courthouse and get a copy of your entire casefile. Once you do that login here so I can pm you my email addy and we can go thru it.I also want a complete breakdown of the entire collection process.How many calls,letters,refusals by them,etc.I think you still have a good chance on violations and we need to determine how Louisiana law is going to interpret this judgement with regards to community property.

Cajun, the lawyer told me to go and get a copy of the judgement, so i did, have that with me now. Even on it, it doesn't give a total amount..... i'll explain more when we can either email or PM.
Thanks a LOT!
Ang

And btw... at this point ALL i want is a total amount owed to them. I'm at the point where I just want to pay them and move on with my life! SIGHS

It is the responsibility of the collection agency to give you the total amount. This should prove about their legitimate collections. Send the DV letter to the collection agency, CMRRR and keep a copy to show to the judge.

Ang I pm you back.

i've tried to get this 4 or 5 times, each time being ignored! I was in court this morning and still don't have a total amount!

Ang go to the court and look up your case number in the civil index. One you find your number,give the number to the employee and tell them to pull your file.Then you can make regular copies of everything in it.

The lawyer for CACH gave me the judgement number today, I went and got a copy of the judgement to try and get an amount! It's only one page and it gives the same ol' $9,400 plus interest, fees and attorney cost except this one says attorney fees can only be 25% of total judgement. SO that's why on my credit report it went from 9400 to 12,500. I'm sure it's the atty fees and interest.

Did you recieve anything from this attorney prior to the hearing?

Yes a citaton that i foolishly did NOT respond to after speaking to someone from his office trying to work out a repayment plan. Stupid, i KNOW! Wish i knew what i know now back then.....
SIGHS!
I'm having a bad day!
Ang

Wow, it sounds like you are more confused now than before you went to court. How long have you been dealing with CACH? Did you send the dv letters before the citation was issued?

What was the original amount owed from the start? Sorry, I just can't believe the astronomical amount.

CACH is a payday place?

Bud Says???????

One of the largest debt buyer organizations in America In 2005, Collect America owner Phillip Scott Lowery reportedly sold his operations for $350 MILLION to an organization called First Analysis Private Equity Fund IV, in collaboration with co-investor KRG Capital.

The Collect America system is comprised of approximately thirty franchisee????????s across the country, with an attorney name on their door. Some of the attorneys such as Sam W. Streeter of Houston, have been dubbed ???????Rent-A-Lawyers???????? due to their total lack of debt collection law and Fair Debt Collection Practices Act (fdcpa) experience.

*Collect America Franchisees:

Law Office of Sam W. Streeter, Houston, TX

Richard G. & Catherine A. Neuheisel Law Firm, Tempe, AZ

Neuheisel Law Firm, Deborah Sue Harvego, Sacramento, CA

Law Office of Thomas K. Bamford, Dallas, TX

Harold E. Scherr, Attorney at Law, Longwood, FL

Bronson and Migliaccio Attorneys, Williamsville, NY

Bronson and Migliaccio Attorneys, Elmwood Park, NJ

Phillips and Cohen and Associates, Westampton, NJ

Law Office of Larry Roach, Copley Twp, OH

Phillip Scott Lowery P.C., Denver, CO

Law Office of Joe Pezzuto, Phoenix, AZ

Law Office of J. Anthony Cambece, Boston, MA

Workman Law Office, P.A., Jacksonville, FL

Collect America, LTD, Denver, CO

Gamache and Myers, St Louis, MO

P. Scott Lowery, P.C., Tulsa, OK

Law Office of Wilfred E. Briesemeister, Montclair, CA

Harrison Ross Byck, Morrisville, PA

Daniels & Norelli, P.C., Westbury, NY

Davis Law Office, Russell A. Davis, Solana Beach, CA

Richard DeJana & Associates, Kalispell, MT

Dennis Michael Dendy Law Office, Gretna, LA (Houston TX)

Daniel N. Gordon, P.C., Eugene, OR

Mims, Jerry M., Attorney, Islip Terrace, NY

Pentagroup Financial, LLC, James J. Thorpe, Attorney, Houston, TX

(represents CACV & CACH)

(*May not accurately reflect all franchisees)

Since the sale of the main organization, Denver Attorney Phillip Scott Lowery and his collectors that include attorneys David L. Michael and James R. Wolf have relocated to the Cherry Creek Drive address. Scott and wife Texie were rumored to have moved to Vail, CO, however he reportedly still is involved in the day to day operations through brother Arthur Todd Lowery.

CACV of Colorado, LLC. which stands for Collect America Collection Vehicle and CACH, LLC are the debt purchasing arms of Collect America. Lowery and associates reportedly purchase these accounts for pennies on the dollar, then attempt to collect on the full value. Collect America does place these accounts on credit bureau reports under the names CACV, CACH and Collect America. Under provisions of federal law, the Fair Credit Reporting Act (FCRA), they may NOT stay past the date of last activity as stated by the original creditor and the information and amounts reflected MUST be accurate, as stipulated by federal law.

The ONLY thing that can restart a ???????date of last activity???????? is by YOU making a payment, Collect America cannot change it under any circumstances. You should always obtain copies of your credit reports directly from the credit bureaus to compare those dates. You have the right to dispute any debt buyer account found on your credit reports as ???????Not My Account??????? with the credit bureaus. Always keep copies of credit reports for reference. If a date of activity has been changed in violation of the Fair Credit Reporting Act, you may be able to take legal actions against whomever in federal court for violating the law. Contact me for referral to a local consumer law professional.

If you are ever sued by a Collect America attorney it is VERY important that you respond to that suit. An attorney from the National Association of Consumer Advocates may be able to assist you, I recommend you visit: www.naca.net

NO, it is NOT a payday loan, was a credit card debt for 4,400. And yes i did send a DV letter prior too but my mistake was i didnt' get return receipt. SIGHS. It was before i found this site! I think I'm doomed to pay this astronomical amt since they got a default on me but i have someone helping me now to try and find some kind of loop hole. Otherwise, I'll just be paying them for the next 20 years or so!

There should be something ang, some loophole, collectors like cach are not collecting for the original credit, they actually purchased the debt. They have to show that they own it before they can collect on it. You may want to try and appeal the decision if that is an option. That would give you time to get some information, loophole together. CACH seem to be so disorganized to me. I did send 3 different dv letters all certified, all return reciept requested. They sent some bogus affadavit, I requested that their witness, who signed the affadavit be supeona (sp) to testify. They have not responded to me on that one. I need to get this capital one taken care of first, then I will deal with cach. I know the stress level girl, real high, hang in there. Check it out and see if you can appeal the decision.

I had the same kinda bogus affadavit too Fed! But i have many screw ups on my part! I'm at the point I'm just ready to settle this and start paying them! I feel like my life's at a stand still and i'm ready to move on! My daughter, 21, just got engaged last Friday and i'm ready to start planning a wedding and put CACH behind me!! Its' time for happy days again! I'm sure u know what i mean!

Ang,I left your file with my wife in her hotel room.I will call her to see if she can get a direction to move on this.

WOW! ur wife lives in a hotel room? lol ha ha Not such a bad idea Cajun, think i could send my hubby to live in one too! he he he
Better day today!
YAYYYY!
Thanks for all you've done!
Ang

Actually I am glued to a drilling rig in east texas here and after being here fourty days,she has come to visit me.

Oh WOW! Sorry Cajun I was just messing with ya! My son in law just recently got stuck on a rig outta Galveston for 3 weeks! YIKES! It's an old rig that hasn't run in 10 to 15 years that they're trying to start up again with all sorts of problems! But glad ur wife is able to come and see you! That's a plus. :)

I agree that there has to be some loophole with CACH. They are on Budd Hibbs hitlist and have been for a long time. I contacted an attorney after I received a call from them. I also got a letter from them and it had P. Scott Lowery's name on it. It seems he is still with them but this was last winter. The lawyer handled debt settlement and has a good reputation. He said he usually settles with CACH for about 25% of the debt amount. They have never responded to any of my letters either. They typically don't follow the fdcpa so I'm hoping Cajun and his wife can find something out for you. I'm sending good thoughts your way :-)

Aawww thank you SO much! You ALL have been so kind and have helped me not feel so bad about what i've gotten myself into!
I can't thank u all enough!

Hang in there ang, we are all pulling for you. I am very interested in seeing what cajun comes up with, I have a mess with cach too. I haven't heard from them in ages, don't know how to file a motion to dismiss. Don't know if I should just let it ride, don't know if I should contact them. They sent the affadavit, I challenge it and have not heard from them since. What are your thoughts cajun?

On another note, I got to court on 6/12 for a capital one, I am going to pay it and be done. I never disputed this one, just have had one hell of a time getting any cooperation or communication with anyone on this.

Have fun planning your daughters wedding ang, your right, move on girl.

Thnx Fed! It's so greatly appreciated! All the support here is! It seems there were LOTS of loop holes but in my naiveness (is that even a word! lol) I believed them and didn't answer the citaton, supid i know, so they got a default judgement! But they only got it against me, NOT my husband, who is the bread winner in the family so i'm pretty sure now they'll try to re open the case as per cajun, then maybe we'll have a fighting chance! I'm gonna try to contact a lawyer tomorrow and let him look over the case file and see wot direction to go from there.
Again, thnx SO much everyone! Just wish i had found u guys sooner!
Live n learn,
Ang - who learns everything the hard way! ha ha

oopps again, sorry forgot to sign in before posting once again! ARGHHHHHHHH! lol

ang,
put a post it up to sign in, you can cash those points in.