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Cach LLC sued me

tag
Established Member

Cach LLC sued me

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 Smiley Happy

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

 

TransUnion
695Date: 5/11/2008
Equifax
670Date: 5/13/2008
Experian
672Date: 5/13/2008
Message 1 of 12
11 REPLIES 11
gdale6
Moderator Emeritus

Re: Cach LLC sued me


@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 Smiley Happy

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.

Message 2 of 12
redbeard
Frequent Contributor

Re: Cach LLC sued me

I'm not sure that being out of the country is much of a defense and it might even be used to extend the statue of limitations, though I'm not sure about that.

If you owe the debt, your best bet is to call them and see if it can be settled prior to court. In that discussion, you can ask for verification of the debt. From there, you can find out the date of first delinquency (if you don't know it) and figure out if you are beyond the statute of limitations or not.

If the debt is valid and still collectible, I would do everything you can to settle the debt before court. It will cost you more if they get a judgement.

Dan
Just trying to get my scores to rise from the dead......

Wait.... I think I just heard a heartbeat!

Message 3 of 12
DE2TX
Established Member

Re: Cach LLC sued me


@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 Smiley Happy

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.

Message 4 of 12
Anonymous
Not applicable

Re: Cach LLC sued me

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. 

Message 5 of 12
Anonymous
Not applicable

Re: Cach LLC sued me

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?

Message 6 of 12
Established Member

Re: Cach LLC sued me

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.

TransUnion
695Date: 5/11/2008
Equifax
670Date: 5/13/2008
Experian
672Date: 5/13/2008
Message 7 of 12
Established Member

Re: Cach LLC sued me

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.

TransUnion
695Date: 5/11/2008
Equifax
670Date: 5/13/2008
Experian
672Date: 5/13/2008
Message 8 of 12
Established Member

Re: Cach LLC sued me

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.

TransUnion
695Date: 5/11/2008
Equifax
670Date: 5/13/2008
Experian
672Date: 5/13/2008
Message 9 of 12
gdale6
Moderator Emeritus

Re: Cach LLC sued me


@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.

Message 10 of 12
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