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Hello all,
Its been a long time since I have been in here, but in the past I learned so much here, hopfully I can get som help this time too
I received a summons from a Lawfirm in California Plaintiff CACH LLC is sueing me.
I was out of counrty for 2 years, not once have I received a letter from CACH LLC, otherwise would've send them a DV letter.
Does anyone have experince with this? Any advise how t proceed?
Thanks a lot
@mccar wrote:Hello all,
Its been a long time since I have been in here, but in the past I learned so much here, hopfully I can get som help this time too
I received a summons from a Lawfirm in California Plaintiff CACH LLC is sueing me.
I was out of counrty for 2 years, not once have I received a letter from CACH LLC, otherwise would've send them a DV letter.
Does anyone have experince with this? Any advise how t proceed?
Thanks a lot
I would be consulting with a lawyer since you have been sued. One thing I would be verifying is if they can still get a judgment, is it past states SOL or not. If it is past states SOL thats your defense.
@mccar wrote:Hello all,
Its been a long time since I have been in here, but in the past I learned so much here, hopfully I can get som help this time too
I received a summons from a Lawfirm in California Plaintiff CACH LLC is sueing me.
I was out of counrty for 2 years, not once have I received a letter from CACH LLC, otherwise would've send them a DV letter.
Does anyone have experince with this? Any advise how t proceed?
Thanks a lot
Leaving the country tolls the SOL, so I would stay mum about that.
First thing you need to do is file an answer so they don't get a default judgement.
Next, do you know who the OC is?
When did was the DOFD?
How much are they suing you for?
Generally, depending on where you live, they are supposed to provide you notice before they sue.
You do not even need a laywer especially if the amount is under $5000. The thing these companies bank on is that you DO NOT show up. In the discovery process I can almost bet you money that the CO or current law firm DOES NOT have proof the debt is yours. 83 percent of debt lawsuits are default judgements because the people they sue never show up and THEY KNOW THIS.
If you show up and fight them tooth and nail you have a HIGH chance of winning. Just go to Google and type something in like "Defending myself in a debt collection lawsuit" or "Fighting debt collectors and court". Get prepared and it will walk you through step-by-step how to defend your self, the discovery process and how to get the judge to dismiss the lawsuit. I am willing to also bet they have NONE or very little of the original contractual agreements between you and the Original Creditor.
FIGHT THEM TOOTH AND NAIL. NEVER GIVE UP CAUSE THATS WHAT THEY WANT. THEY DO NOT WANT YOU TO SHOW UP.
You say "Law firm in California"....
Are you being sued in California but you are a resident of another state? If so what state? Also were you out of the country for military service?
Thanks for your response. I talked to a lawyer today and she told me that it actually would work toward my advantage that I was out of country. The debt is still within the statue of limitations, my problem with it is that new strategy that they use now, since I cleaned up my credit 5 years ago. I was still receiving my mail while I was gone and I have not received one letter from them. The first time I read their name was on the summons. A judgement can really ruin my credit even more. Laywer is very expensive, trying to figure out the best route. Again, Thanks for the reply.
Thats what I am thinking too. The amount is $2081, they are a third party buyer, I am pretty sure they dont have anything. If I would've received a letter, I would've send a DV letter, but I wasnt given that chance. My problem right now is to get it on paper to the court.
Hello,
the lawfirm is in California, the collectinf agency is CACH and I live in WA state. We went to germany after my husband retired from the military, I had to take care of my mom.
@mccar wrote:Hello,
the lawfirm is in California, the collectinf agency is CACH and I live in WA state. We went to germany after my husband retired from the military, I had to take care of my mom.
Its my understanding a JDB or CA can only sue you in the state you currently live in. Only the OC can sue in another state.