Cach LLC Owns GEMB Debt – Should I Agree to Payments, Settle, or Fight?

I received notice from a process server on 1/14/13 that I was being sued by a law firm (Michael Scott of Carrolton, Tx) regarding an account with GEMB that I opened in 2008. The last I remember I owed them maybe $6000 prior to default, but am being sued for about $17,000. They offered to settle for $7,000, which I don't have, but agreed to monthly payments of $278.00 on the full balance. I was told that my credit report would reflect a "satisfied judgment" status once the account was paid. There was no specified court date on the documents that I received.

My question is why would there still be a judgement if we do not actually go to court, and is this the best plan of action for me to take?

—Dee

You are being sued by a company, Cach LLC, that bought the debt from GEMB, or from some other debt buyer. You have a couple of different options to consider.

 

Settling with Cach LLC, making a payment arrangement, or defending the suit.

Cach LLC has already approved a settlement of 7k. So, you know this thing can be settled, and perhaps for less than the 7k too. What amount of money can you come up with over say, the next 60 days?

 

If you agree to payments on the GEMB – Cach LLC debt, you will be paying 278.00 a month for 5 years. If that amount is something that you can budget for, while still leaving you 2 to 3 hundred dollars cushion/savings, that is great. If you do not have this cushion, you could be one hot water heater away from not being able to make the payment.

 

Working with an experienced debt collection defense attorney would mean putting up a defense to the Cach LLC lawsuit. While this option means spending money with an attorney not knowing what the outcome will be, it also presents your best outcome potential. Here is why:

  • Collection defense attorneys are very skilled in getting Cach LLC to have to prove their claim. This would often mean Cach would have to have proof to back them up from GEMB. That is not always available.
  • Also, Cach may be forced to spend a whole lot of money if your case were to go too deep into the court process. Spending extra money on these collection cases is not Cach’s MO. They rely on the fact that over 90% of these types of lawsuits wind up in their favor from default and summary judgments.

There are some attorneys that defend against these suits that have just never lost a case defending against debt buyers like Cach LLC. Not one of them can guarantee you that this would get dismissed from their efforts, but that does not change their batting average.

 

Additional concerns dealing with Cach and the Scott collection attorney.

You asked about why they want you to consent to a judgment even when you are agreeing to make payments. They do this to “secure” your payments. Basically, they win a judgment without having to do any work. If you do not make a payment on time, they already have the judgment and can go to the court and get bank account levy permission.

You also need to be aware of what the consent to judgment says about interest that is allowed to be charged. If you do not negotiate zero interest as part of your agreement – you will be paying for more than the 60 months I calculated above.

If it were me in your shoes, I would not move forward with anything else, or speak to anyone at the Michael Scott firm, until speaking with an experienced collection defense attorney in Texas. The consults are typically free, so you get information and additional things to consider at no cost. This is just wise to do.

 

Will you need to spend money on the attorney? Yup. But with the potential to save 5 plus years of payments that will triple the amount you originally owed, that is what I would encourage you to consider. Let me know in a comment reply if you want me to email you some contact info for the type of attorney you should call and consult with. Also let me know the closest city to you.

 

Oh… that brings up another thing. When did you last make a payment on this debt to GEMB? I know you said you opened it in 2008, but can you recall the year and month you fell behind. I have 2 reasons to ask this:

  1. If you were unable to pay in 2008 Cach LLC may be collecting on debt that is past the SOL in your state.
  2. How in the world did 6k turn into 17k since you first missed GEMB payments!

Please post answers to my questions in the comment section below.

 

Any reader dealing with a GEMB account, or Cach LLC, are welcome to post in the comments below for feedback.

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Comments

  1. Hello!
    Thank you for the advice, and I would very much appreciate the name of an attorney. I live in Tyler, Tx, and as I am not sure if I can afford an attorney I applied for assistance through legal aid, but was denied due to income. I’m assuming the amount of the debt has increased due to interest and fees, but the actual amount listed in on the settlement is $13K, not $17K. I have not spoken with or been contacted by anyone since receiving the settlement paperwork, which I have not signed or returned.

    • Michael Bovee says:

      Dee – I understand finances being tight. There are situations, like the Cach LLC collection you are dealing with, where it can be less expensive to work with an experienced debt collection defense attorney, than it would be to make any arrangement with the Michael Scott firm to settle or pay Cach.

      It generally will not cost anything to at least consult with an attorney about what can be done for you in this situation. You may find the cost is affordable. I sent you an email with contact details for an experienced consumer attorney in Dallas.

      • Can you email attorney names for same 40 miles south of Chicago

        • Michael Bovee says:

          Tammy – I sent you an email to 3 different consumer law attorneys in the area with practices that focus on defending collection lawsuits from Cach LLC and others.

          • Thank you so much for this info. I was served summons by Cach. LLC almost 3 weeks ago and with the holidays, I didn’t want to look at or even deal with the papers until now. It says that I have 30 calendar days after I’m served to file a written response at the court. If you have the names and contact info for experienced defense attorneys in the Sacramento, CA area that are versed in dealing with Cach LLC, please email them to me, I would greatly appreciate it! Thanks so much.

            • Michael Bovee says:

              Charlie – Sorry for the delayed response to a time sensitive issue. I have been away. I sent you an email with contact details to an experienced attorney you can consult with. You may still be able to reach him yet today.

              • America. Dec 06,2015. says:

                Hi. Im in miami florida. I just got a letter eith a court day gor Jan 12,2015. Catch llc is going after me for 1,296.02. Do you have any collection defense attorney in miami fla. 33165.

                • Michael Bovee says:

                  I sent you an email with several to contact in the area.

                  If Cach is suing within the SOL in Florida; you recognize the debt as your own; and your primary focus for resolving the debt is affordability; it can make more sense to work out a settlement than the cost of defending the suit. But that will depend on the fees the attorney will charge you.

                  Post an update with how you progress.

                  • Hi. Today i found in my door some papers where my mom is being sued. I saw the post of America and it seems the same situation as my moms. Cach llc is demanding 2922.21 I just want to know if we should hire an attorney or pay. Please let me know of any attorneys in Moorpark,Ca or close by.Thank you

                    • Michael Bovee says:

                      I see defending against the Cach lawsuit as being more cost effective than paying them the full amount, but run the whole thing by the attorney I sent you contact details for.

                    • Thanks for replying so fast and I will give him a call thanks.

                  • Hi Michael,
                    Can you help me? I was just served papers and had spoken to the lawyer previous to being served. I offered to make payments monthly which were refused by the lawyer. He said that I do not get to choose how much I pay. I know I have 30 days to respond and had planned on paying the amount (1,700 dollars) when I receive my taxes in February (which I also offered but was refused). If I plead not guilty, then wait for a court date and pay the monies before court will they have no case? Would I just send a check to the law firm suing me through Cache. LLC? Thanks so much for your help!

                    • Michael Bovee says:

                      You can definitely buy the time you need to make it to February if you file an answer to their lawsuit with the court. It is not an innocent vs guilty thing. You can file general denials. I would highly recommend working with an experienced attorney of your own to file the answer. You may even learn it could save you money to work with an attorney to defend the suit to dismissal.

                      What is the name of a nearby larger city? I can email you any contact info I have for attorneys in the area with the experience you need.

          • Dear Michael
            I am been sue by Cach LLC as well. My situation is very similar as Dee. This is freaking me out……. And i actually got a letter from court Cach LLC vs Me . Could you please help provide me attorney in Carrollton/Dallas that can help me out. Thank you.

            • Michael Bovee says:

              Kelly – I sent you an email with contact info to about a half dozen attorneys with the experience you need. All of them will likely have prior experience helping people deal with Cach LLC.

              • Hi, my mom and I received the same kind of notice from CACH LLC. We had a joint account with Bank of America that was charged off in 2010 or 2011. My mom recently received notice from the supreme court of Paterson, NJ stating that we are being sued for a past owed debt. We’re both freaking out, and would like to fight this. Please send any information regarding local legal help. Thanks in advance!

                • Michael Bovee says:

                  Diana – I sent you an email with contact details to a few attorneys in the area around Paterson.

                  • Michael, thanks for the information! It’s greatly appreciated!

                  • Julisobel says:

                    I have read a great deal of your responses to others, and appreciate your willingness to help people make some sense out of such difficult circumstances.

                    We have just received the “summons” from attorneys representing Cach LLC with respect to TWO separate BOA debts which were sold/assigned to outside sources (collection agencies in the form of Law firms) in 2010 or 2011. This latest one, on behalf of CACH LLC, had sent us a benign letter (for each account) dated December 5, 2013. Yes Caller ID indicates that they have called from several different phone numbers MULTIPLE times per day. Now this HEAVY Handed delivery of “the Summons.”

                    The “summons/s” each contain FOUR copies of a 5 page document. Each of the four copies are stapled together to appear more impressive. They were delivered to the reception area of a work place, and left on the counter.
                    No signature was requested.

                    The summons/s are back dated to January 13, 2014, and each contain the same wording with a 20 day response time to avoid a “Lawsuit.” Delivery date was January 28, 2014. Not even enough time to assimilate the information, let alone reply with sanity.

                    CACH LLC is in Colorado,
                    Attorney for same is in CA
                    (Mandarich Law Group LLP, Woodland Hills CA)
                    We are located in the vicinity of Vancouver WA

                    Please advise how we might proceed. Also, if you would be so good as to provide names of attorneys in this area who are experts in helping in these matters. We can’t pay even a portion of either of the (two) debts in one payment or within 60 days, but we would like to consider settling and committing to a repayment plan.

                    The situation that caused us to stop paying the debts was driven by circumstances beyond our control in which income was suspended (and never fully re-paid) for approximately 6 months. There were three significant sized debts that we had to forgo, so as to make critical ends meet. Things have let up a little, even though we don’t know if the situation will repeat itself (just had word today that it might, but at least we are getting advance notice this time, whereas before the party, refused to admit that there was a problem until four of the six months had occurred.)

                    Thank you for your help!!

                    Julisobel

                    • Michael Bovee says:

                      Julisobel – The clock to respond to the lawsuit generally starts ticking from the date of service, not the court filing date. You have time to research your options, consult with an attorney or two, and determine how best to proceed.

                      I sent you an email with contact details to a few attorneys with the experience you need. 2 of them are over the bridge in Portland (not sure if they are also licensed in WA), and are the closest. Next closest is Seattle. Distance does not always have to be an issue in these cases.

                  • I also just got served by them. I called a few lawyers no word yet. i am in Tracy ,ca

                    • Michael Bovee says:

                      I sent you an email with attorney contact info.
                      There are not many attorneys whose practice centers on consumer law, let alone defending people against debt buyers like Cach LLC and others. California has better than a handful. Talk to the one I sent you, and the others you called if they get back to you. Just be sure you are working with someone familiar with the issues. If they are experienced, they will already have handled many Cach collection issues, and likely have dealt with the attorneys for Cach several times too.

                    • Hi Michael — Thanks for all the advice you’re dispensing. I’d greatly appreciate some atty referrals regarding a Cach LLC lawsuit in the Phoenix / Mesa AZ area. I’m still in the middle of my 20 days timeline to answer the complaint, but Cach appears to have become more sophisticated in their filings: they included an Affidavit of Assignment and a copy of my original creditor’s statement showing the correct amount due. Thanks for any help you can provide.

                    • Michael Bovee says:

                      Laura – Cach LLC and others will adapt to debt collection realities as they change. I sent you an email with contact details to an experienced debt defense attorney. Distance does not have to be an issue in these cases.

                    • I just got served today. I need lawyer information for Kansas City, MO

                    • Michael Bovee says:

                      Ashley – I sent you an email with contact details to several attorneys in Kansas City with the experience you need. Please post an update with how your situation develops, or any results.

                    • Same thing, in Arlington wa… Pls send attorney names!

                    • Michael Bovee says:

                      I have great memories of Arlington as a kid.

                      I sent you contact details to an experienced debt defense attorney in Washington. There are some in Edmonds and Seattle too, but distance does not have to be an issue in these cases, so talk with Kirk first.

                    • Hi can you please send me a few lawyers names for the CACH, LLC. IM in Tracy, ca.

                    • Michael Bovee says:

                      I sent attorney contact details to you via email. Distance does not have to be an issue in cases like this, but if it turns out to be, Jeremy can refer you to someone with his experience closer to you.

                  • Michael, thanks and don’t know if you are still sending referrals? I am in Lynnwood, Seattle area and running out of time on my 20 days to respond. I have no case number on my summons and complaint, and can’t find anything under my name on the Superior Court website, Any help is appreciated!

                    • Michael Bovee says:

                      Contact the attorney in Washington I emailed you for a free consult about your options.

                      Washington can us a “hip pocket” court process for cases like this. That is why you may not be able to find the filing in the court record. But talk to Kirk about that.

                      Please do post an update with your progress.

              • I received a letter from Rausch,Sturm, Israel, Enerson, &Hornik yesterday concerning a Citibank home Depo account. It states unless I notify them within 30 days and dispute they will assume the debt is valid. I have seen many scary things written about this firm. They have an address listed as Dallas, but seems they may be all over the country. Can they garnish or freeze accounts in Texas? I need an attorney recommendation for the Dallas area. Can you help me?

                • Michael Bovee says:

                  I sent you an email with contact details to a half dozen attorneys with the experience you need.

                  Rausch Sturm and Israel would need a judgment in court before they can try to levy your bank account, and they can wipe an account clean in Texas. Wages in Texas cannot be garnished for most debts, and that would include yours.

                  • Thank you so much! I received it.

                  • Pamela Folsom says:

                    I incurred $6700 debt with BofA in 2010, lost my job, could not pay, received law suit from CACH, and sent a response in 2013 stating suit exceeded SOL for Texas + other reasons judgement should not be approved (1 being BofA would not accept anything less than $240/mo payments due to my loss of income). Still the courts approved the judgement in CACH favor dated 8/4/14. So now – can CACH levy my bank account? I assume it is too late for legal assistance…..interest appears to be accruing. Thanks for your insight.

                    • Michael Bovee says:

                      It is never too late to get some feedback from an experienced consumer attorney, and I would encourage you to get in touch with one. But your options do get narrowed at this stage of collection.

                      Your bank account is at risk from a levy. Do you have exempt funds, like social security, being deposited?

                • Hello Michael,
                  First let me say that I think the service you are providing people is remarkable. Second, as you might imagine, I have apparently been sued or am being sued by CACH LLC. I say apparently because I just received a form letter from a relatively local attorney wanting to represent me in the case that was filed against me in my county. Fortunately I already have a local attorney in my little area that is very well known and knows everyone. I am just amazed that I am receiving a solicitation for services when I didn’t even know I had a case filed against me.
                  Well, life goes on I suppose and I am going on over to my attorneys office with this solicitation and case number. I just thought I would share.
                  Thank you again for helping so many people.
                  Rebecca

                  • Michael Bovee says:

                    Best of success Rebecca. If your attorney does not have debt collection defense experience (it is a rather small niche in consumer law), I can refer you some attorneys in your state that he/she can connect with about the case.

                • Hi, not sure where to post… I received notice from county sheriff about levy on my personal property by order of cach LLC I’m completely unaware of any such debt and have no info on this. Only my maiden name given, that was used 10 years ago, is there a time frame on this debt??
                  Thank you so much

                  • Michael Bovee says:

                    It would mean you were sued. Do you recall ever being sued?

                    There are time frames to collect on judgment debts that are long, and vary by state. What state are you in?

                  • I also was served and am being sued and they are going to attach my bank account. I barely have enough money in there to pay my monthly bills. Do you have any names for the Reading, PA area?

                    • Michael Bovee says:

                      I sent you an email with info to contact a great attorney in the area.

                      For them to get to your bank account Cach would need a court order, and that would not come without a judgment. That means things have already progressed to the point where you need to keep little money in your bank account until you get this resolved.

                    • Michael,

                      I have not been sued yet by CACH, LLC but I live in WI and how long does it take before they can sue me?? My original creditor was GE capital retail bank and Cach, LLC took over the account for 3749.00… Any help would be great :)

                    • Michael Bovee says:

                      How soon Cach LLC sues on debts they purchase, or whether they sue at all, is determined by Cach and their franchise attorney collectors.

                      If you are asking how long the Wisconsin SOL is for Cach to sue you, it is 6 years on a debt like the GE Capital account. When did you last make a payment on this account?

                    • Michael,

                      The thing is I never made 1 payment to this account. Money was extremely tight. I am right now focusing on one account at a time… do you think I should do that or make payments arrangements with to of my debt collectors?

                    • Michael Bovee says:

                      It depends. I rarely suggest payment plans with debt collectors. But who you owe, who is collecting, how much each balance is, when you last paid each account, all can contribute to how you prioritize which account to handle first.

                      If you want to post answers to those questions, I can share with you how I would prioritize them.

          • Hello Michael,

            I’m so hoping you still seeing these messages. I have a similar situation where I’m being sued by CACH LLC, here in Tampa FL, I was hoping you could provide me with some contact information for attorneys in the area that handles these cases.
            Please help me here, your help is greatly appreciated.

            Thank you in advance,
            Miguel

            • Michael Bovee says:

              Miguel – I sent you an email with contact details for several experience attorneys in your are. It would be great if you posted an update to this comment string as you make progress with your case.

              • Can you please provide attorney names in San Diego, CA that have dealt with Cach? Thank you…

                • Michael Bovee says:

                  I just sent the email with referral you requested. Please consider posting an update with how you progress resolving the lawsuit, or the debt with Cach.

                  • Michael,

                    I have a situation similar. I was divorced in 2011 and lost my job due to a very and situation and unable to make payments on my debt. I have never received anything regarding a court date or nothing regarding cach, LLC, but my ex husband, I haven’t talked to since we divorced, just contacted me saying he received a certified letter saying we are being sued and we didn’t go to court. I live in college station, tx. Any advise you can give me? Am I liable for this if I haven’t received anything? Please help!!!

                    • Michael Bovee says:

                      Was the lawsuit filed in College Station, or in another city where your ex lives?

                      I sent you contact details to an attorney you can talk to about your options. She is in Austin, but distance may not be an issue. If it is, she may be able to refer you to someone nearer if you (or the ex) are going to defend the collection lawsuit.

                    • Please could you help me to find attorneys with the experience! All of them with prior experience helping people deal with CACH LLC in the area of minneapolis,mn 55404!. If you could find for me different consumer Law Attorney’s in the area with practices that focus on defending collection Lawsuits from Cach LLC and others. I received today 5 pages staples together in my mailbox from The Law Office of JOE PEZZUTO,LLC but the communication paper is signed for Merrick B. Williams(#0300664) is the attorney for plaintiff. and the paper is dated:=7/31/2014. Please I be waiting for you help!

                    • Michael Bovee says:

                      Ana – I saw your form fill request to talk with a CRN specialist over the phone a little while ago. I responded to that with contact details for a couple of great attorneys in your area with the experience you need.

                      Post an update with your progress, or if you need help with anything.

                    • Michael,
                      Can you please send me the contact you have in Austin Tx you mentioned above. We have to get a similar issue resolved.

                      Thanks,
                      B.

                  • Please send me some information for lawyers in my area, Columbia, SC. Thanks

                    • Michael Bovee says:

                      The closest I found that I can confirm has the experience you need is in Summerville. I sent his contact details in an email.

                      Distance does not have to be an issue in these cases. If for some reason it is, ask the attorney I sent you for a referral.

                    • Can you send me information about lawyers in the Atlanta ga area with experience with CACH? I have received a solicitation letter from another attorney telling me I have a lawsuit against me. I haven’t been served with papers yet. Thanks!

                    • Michael Bovee says:

                      Check your email.

                      How much are you being sued by Cach for?

                  • I just got served from cach llc and I would like to know of some attorneys in the KilleeTexas area.

            • Michael,

              In order is the following debt I owe

              $6800- repo car
              3800- CACH, LLC
              1100- credit card ( closed)
              714.00- credit card ( been paying so it is current)
              then medical bills.

              I have heard from two lawyers that it is illegal for medical collections to go on the credit reports because it is personal information ( is this true)

              • Michael Bovee says:

                Who was last trying to collect on the car repo, and when was that?

                How much are the medical debts total?

                Without knowing who is collecting on the other debts it is hard to set a priority. You already know that Cach sues to collect as a regular business practice. You can settle with Cach without there having been a threat of litigation, and sometimes for less by catching it early. I have seen 30% recently (last couple months on a non suit settlement). Can you pull that amount of money together?

                There are HIPAA elements to credit reporting and unpaid medical bills. Those concerns are not so broad as to mean it is illegal for any medical debts to ever show up on your credit reports.

        • I cannot find email you sent. Can you email me attorney in Chicago area please. Thank you

          • Michael Bovee says:

            Resent the email Tammy. If you did not receive this one check your junk folder in case filters did not let it through.

      • Michael,

        I have a very similar situation. I have not received any letters or been served but it showed up on my credit report I just pulled. It’s shows it has even filed with my county. Can you send me some contacts in my area I may be able to speak to. I live in Biloxi, MS.

        Thank you

        • Michael Bovee says:

          Ryan – I will send you some experienced consumer law attorneys to talk over your situation with. It sounds like you just found a judgement from Cach LLC on your credit report that you knew nothing about. Is that correct?

          • Michael,

            My situation is very similar to Ryan’s above. I got a writ of execution in the mail from my bank that I have never seen before, for a debt that I have never been contacted about. I never received letters or notices and when I went to the county clerk to get the case files, it says that a “JANE DOE” was served a summons to appear in 2007 at an address I hadn’t lived at since 2004. The plaintiff is Erin Capital Management and the attorney is Michael K. Sipes. My bank is saying that unless the judgment is withdrawn by the LA County Sherrif’s Dept. then they will issue a check from my accounts, which are presently frozen, to pay the plaintiff.

            Any information would help. I’m in Los Angeles.

            Thank you!

            • Michael Bovee says:

              Micah – That is a really old judgment! I am not sure what you can do with something that old, but have sent you contact info to an experienced consumer law attorney you should talk to about your options. Please post more about how you progress with this.

              • Hey Michael! Can you send me some info for attourneys in Los Angeles, Ca? I’ve been summoned/sued by the same company Cach, LLC for $3300 and it’s been about 2 years since the last payment. Would love to know all my options! Thanks!

                • Michael Bovee says:

                  Check your email for the attorney information I sent. Post an update with how you progress with this.

      • Good Morning,

        My husband and I are receiving solicitations in the mail from law offices stating that Cach filed a lawsuit on 3/6/2014 in the County Clerk’s office. We have yet to be formally served or notified of anything. In preparation, would you forward me names of lawyers in the Denton County area?

        Thank you so much.

        • Michael Bovee says:

          Amy – I sent you an email with contact info to several attorneys in the area with the experience you need. Please update this comment string with how you progress.

      • I received a court summons. Cache LLC vs me. I never signed an agreement with this company nor received services from them. They even lied about their attempts to serve me. What can I do to make them go away?

        • Michael Bovee says:

          Retta – Cach LLC is a well established debt buyer. They legitimately purchase debts from creditors who have given up getting their customers to pay. You did not need to have received services, or have a prior agreement with Cach LLC for them to purchase debts you may have owed to another.

          You will want to consider defending against the lawsuit in order to make this go away, and perhaps other alternatives too. Do you have other debts beside this one? What amount is Cach suing for?

          • Yes, I do. So how would I go about handling it. What do you suggest? $3600.

            • Michael Bovee says:

              You could work with an experienced consumer attorney to defend against the Cach lawsuit. That is going to cost money, so weigh those costs next to settling the debt (estimate settlement today at between 60 and 80%, where filing a well put together answer tends to lend to a better settlement shortly after that. Using an attorney who has defended against Cach LLC lawsuits, and the attorney Cach has, and even in your same court, would be ideal.

              I ask about other debts because it can often make the most economical sense to wipe them all out. What are the other debt totals separated by accounts out to collections, and accounts you are current with?

              • They total about $300.00

                • Michael Bovee says:

                  Retta – For clarity, are you saying the total of all of your other debts, other than the one Cach has, equal three hundred dollars?

                  • That is correct.

                    • Michael Bovee says:

                      Okay, bankruptcy would hardly make sense.

                      Given the information shared thus far, I would first talk to one of the attorneys I sent you contact info for. If there experiences to date dealing with Cach LLC, and the attorney for Cach, are favorable, and the price is right to retain them to fight for you, it may come in less than the cost to settle (but with no guarantee they will get it dismissed). If the cost for the attorneys help is more than half of the amount Cach is suing for, I would seek a settlement directly with Cach’s attorney.

                    • Thank you for all the information you have provided.

                      I checked my Spam folder as well, but there was nothing with the attorneys names. You are a great resource.

                    • Michael Bovee says:

                      Sorry about that. I confused you with a reader in GA I am exchanging comments with. If you post the name of a larger city near you, I can email you contact details for attorneys in your area that focus in this area with their practice.

                    • I am near Baltimore and Ellicott City, MD

                    • Michael Bovee says:

                      Thanks. I sent a couple contacts in an email just now. Please let me know if it does not come through.

      • Michael, any recommendations for the Spokane, WA area?

      • I just found out that I am being sued from Cach Llc. Iam in Gainesville fl. Can you please send me someone that can help.
        Thank you so much.

        • Michael Bovee says:

          I sent you several attorneys you can contact in Jacksonville with the experience you need. Let me know if Orlando is a better area to draw from for you, and I can email additional experienced attorneys you can connect with.

      • I have the same situation with cash LLC I live in Honolulu HI. Do you know any lawyers here that could help me. Thanks

        • Michael Bovee says:

          The only referral I have for the islands is in Honolulu. I sent you an email with contact details. Post an update with how you progress.

    • I’m being sued by Cach, LLC as well. Is there an attorney 40 mi north of Chicago that can help me?? Please email me!

    • Hi Michael,

      Thank you for all the information you provided. Can you please provide attorneys in the MD area please.

  2. An attorney wrote me and said I was being sued. Not by them but by CACH,LLC. and I could consult with them at no cost. I haven’t received any notification by anyone or been served. What do I do? I don’t even know who I owe although I do owe debt to some people. Also, should I put my home and business under a LLC.
    Is there a defense for mental illness. I’ve been diagnosed with multiple disorders including depression and I just don’t remember a lot of things. I was diagnosed with Organic Mental Disorder.

    • Michael Bovee says:

      Miracle – The letter you received from an attorney offering to assist you is a solicitation based on the firm combing the local court records for recent lawsuits having been filed. This means Cach llc has filed a collection lawsuit, but just has not served you yet. You will know which debt Cach is suing you for when you get served, or you can go to the court and pull the information yourself.

      I do not know of anyone using a mental disorder as a defense for not paying a bill. I suppose it is possible, but would more than likely be a waste of money to make that your defense in my opinion. There are better ways to defend against a Cach llc collection action. What is your goal with your debt? Do you want to resolve it? Are you in a position to settle your old debts?

      Transferring assets like a home or business when you have been sued is generally not a good idea. It would be show to have been done for the purpose of evading creditors. You can talk to an attorney about this concern, but you will likely hear what I just said.

      Let me know what you are wanting to accomplish in a comment reply and lets go from there.

  3. I’m so glad I ran across this page b/c I have some questions.
    I received a judgement (from my county magistrate) in the mail (on behalf of CACH LLC) to what I assume is me; BUT is not my first name. Is has some other persons first name, same middle initial and last name with my address. I’m sure I owe somebody something but it has to be at least 4 years ago (when I was laid off). In the letter it says they can show up at my house with Deputies and confiscate anything of value inside my house to send to auction. What do I do? Do I not worry because it is not my first name? Should I call them? Like I said, I’m sure I have something that has been written off but don’t know what. I was just laid off “again” last Friday from a DoD contractor company because of Gov.’t cutbacks. I’m a 70% disabled veteran and right now that is my only income other than my wife who is a school teacher. Can you point me in the direction of an attorney to help in my area, if it turns out this is really for me?
    Respectfully,
    Jeff

    • Michael Bovee says:

      Jeff – Post the name of the nearest larger city and I will email you contact info for attorneys with the experience you need to deal with the Cach LLC judgment.

      • charleston, SC

        • Michael Bovee says:

          Jeff – I located 3 experienced attorneys in dealing with your issue with Cach LLC. Email sent.

          • Hello Micheal, I would like your assistance in a similar Matter dealing with Cach LLC. I have not gotten served as yet but I have been in contact with a server who is suppose to serve me documents for a business line of credit I guaranteed for a business in 2005. We eventually closed the business in 2009 due to the bad economy. Do you know of any attorneys in South Florida or Fort Lauderdale area who could possibly assist me in this matter. Please send to my email. Thank you in advance

            • Michael Bovee says:

              Troy – I sent you an email with contact info to a couple of experienced debt collection defense attorneys in the Ft. Lauderdale area.

              It would be great if you posted an update to this comment string with how your situation develops.

            • Can you please refer me to a good attorney in Dallas? I am being sued by Discover and would like to know what my options are. The attorney firm representing Discover will settle for half, but I have to have it within 90 days.

              Thank you!

  4. Miguel says:

    Hi Michael,
    Thank you so much for all this information that you have provided to everyone. It seems that most of the time these collection companies are just hunting us like uneducated prey with these tactics. I just received a “Motion to Extend Time for Service” document which looks like it came from the Justice court here in my area of town. I’m still trying to figure out what that is. I currently live in Phoenix Az. This document has CACH , LLC and C/O Law Office of Joe Pezzuto. I’m assume that the law office is acting on behalf of CACH? When I tried calling to find out more, I was heavily pressured to admitting and accepting the amount that is owed and so forth. No to mention that it was mentioned on several times that my call could and would be recorded for “quality assurance.” Now I hope that I’m not being too paranoid, but after the person on the phone said that I was being sued, I did not acknowledge anything nor did i accept anything during the phone call. Was that a wise thing to do? I was informed that I owe something around 3k, after informing them that I did NOT have that kind of money, the person on the line tried heavily to pry from me how much money I did have and how much I would be willing to settle with- that is after they went over the figures with their “attorney” that is overseeing my case. Any suggestions?

    • Michael Bovee says:

      Miguel – Have you been served with a lawsuit?

      It would be helpful to know more about your situation. If you can answer my questions in a comment reply I will be better able to offer feedback.

      Is the debt Cach LLC collecting on one you recognize as your own? If so, when did you last pay the original creditor? What state do you live in? What is your goal with this account? DO you have other debts that have gone unpaid?

      • Miguel says:

        As far as I know, I have not been served with anything yet.

        As for the debt that they are collecting on, I do recognize the account. It was approx 3 years ago and I had completely forgotten about that account. I was trying to get my credit cleared up and well this appeared when I started snooping around. I believe that the last payment would have been approx a couple of years ago (about 3). It a little embarrassing since I was barely finishing Nursing School and was literally living off of Top Ramen and cheap soups in order to get by. Right now I’m trying to repair my credit and clean everything up. My goal with this debt is to try and either settle with it, or clear it off completely. I currently live in Phoenix Az. As for other unpaid debts, I do have some that I’m currently paying on. I’m glad that I have at least finished paying off my credit cards, and now I can start concentrating on those other debts. The problem is that I have no idea where to start from. I know this may be asking too much, but it’s worth a try.

        Thanks Michael

        • Michael Bovee says:

          Miguel – With the primary goal being resolving debts and improving credit it would be important to not risk allowing this to reach a judgment – which would show up on your credit report for another seven years if Cach LLC won in court. Settling and getting the account to show zero balance owed on your credit report would be ideal. Given the stage you are at with this account, sued but not served, I am going to encourage you to call in to us for a consult about your Cach, and other collection accounts. We do not charge for consults: 800-939-8357 ext 3.

  5. I am being sued by cach llc. who purchased a debt from u.s. bank. the attorney is Joshua Barrett of Rausch Sturm Israel Enerson & Hornik LLC. I would assume that this is likely to be our debt however I have read that you should never pay/settle or admit to – that they are legally supposed to prove that it is yours and that they have the right to collect the money.
    1. Between 7- $8000
    2. My location, Ogden Utah
    3. Reason for default was job loss in 2011
    4. Important details
    -We have very little money. (qualifying for Medicaid)
    – Our income is seasonal in nature and has a good chance of disappearing in the winter.
    -We need to refinance our home because of a $60,000 balloon payment due in 10 months.
    -We are 6 points away on our Experian credit report from qualifying for this ( 674 need 680)
    -Cach LC. has reported collections to credit agencies.
    -We qualify for chapter 13 but that would not leave us the required year afterwards to refinance. Every mortgage co. I have talked to will not do it sooner than one year after.
    -We did find one company who will, if we get those 6 points, give us enough cash out to pay signed settlement offers.
    -We have 2 other cards, one at $15,000 the other at $16,000. All three were charged off.
    5. Lawsuit details
    -Served by local constable who asked my husband if/where he worked and my husband gave him the info. (I know big mistake, he thought he was legally required to tell)
    -Answered by stating that we did not acknowledge the debt and gave our bankruptcy attorney’s name and number.
    -Cach llc filed a motion for judgment on the pleadings.
    -We sent a motion opposing judgment and requested a hearing (date not set) saying that no evidence of the debt had been provided and as such did not believe this was our debt, and questioned their legal standing to collect the debt. We asked them to come up with an original signed contract or signed agreement, proof of the amount, account statements and purchase receipts. We also reserved the right to amend/add additional items and counterclaims at a later date.
    -They sent to the court a notarized Affidavit of claim and certification of amount due signed by a recovery adjuster at u.s. bank. It States that she is authorized…. she serves as a keeper of the books and records….. trying to find the original card application and if they find it will submit it to the court…… Affidavit based on computerized and hard copy books of bank records….. by bill of sale and assignment of assets dated../../… the account among others was sold to Cach llc. …… as a result cach is authorized….bank has no further ownership…. account was opened on ../../…. by (our names) and (soc sec #s)……at the time sold amount owing was $….

    1st question
    Is the Affidavit the only proof they need to provide legally? There is nothing else attached to it, none of the account records that they mention, no contract between them and cach, no receipts or agreements or accounting of the amount owed. Is it enough to simply say we have these things but not show them? I have heard that with cach a lot of affidavits are just “robo stamped” even if the bank does not have the items stated in the affidavit. (I googled the name that signed it and it does appear that she works for us.bank.

    I faxed to the attorney an offer for $1000

    I then called the attorney (recorded the conversation) because I had received an unsigned settlement offer in the mail of $5300. (Which I cannot pay that much) and asked if it could be lowered. Had he considered my $1000 offer? He said he was only authorized to go down to $4800 and $1000 was just to low for him to look at but I could fill out a hardship form that he would pass on to Cach and they might decide to lower the amount. The form asked financial questions income/from where, bank account #s, what was the hardship and how much can you pay, along with this he sent a prepared court stipulation he requested us to sign and return within 7 days along with the hardship form. The stipulation states we “admit to the debt and the amount is correct and owing to the plaintiff…we have agreed to $4800 due within 1 month in one payment if not paid we agree to immediate judgment”.
    I filled out and faxed the hardship form but not the stipulation, declined to give any financial information stating I did not believe it to be in my best interest, I did state that we had no savings or money in the bank that we were on Medicaid and as such the state of Utah had already looked into our income and assets. I sent a copy of the Medicaid card as proof, explained the job loss and told them we could not agree to payments because there would be no income when winter started. Told them we qualified for bankruptcy and had completed paperwork to do so but preferred not to unless we were not given a choice we could afford. We offered $1500 in lump sum that we would borrow from a relative. It has been 1 week and we have not heard anything back. The stipulation offer expires in two weeks.

    1. Is there really a hardship program or is that b.s. to phish for info?
    2. In the stipulation why would they require me to admit to the debt and sign to a default judgment if there is only 1 payment and nothing ongoing? I feel like they are up to something that I don’t understand yet and it would not be in my favor. I am uncomfortable admitting to the debt without the proper proof. Is it possible to accept in part… not sign and then attach a separate signed paper agreeing only to the amount and date due? If I go this route should I call for a hearing and pay it through the court with a cashier’s check so I have absolute proof of payment and the date? Or is it safe to just pay it at the attorney’s office and ask for a receipt, or mail it certified to the address stated in the stipulation?
    3. Is it safe to sign such a thing if I can get that much money? I have a relative who will lend it to me but it would be very hard for us to pay it back, the $1500 is more what we can handle.
    4. They have said they will not negotiate removal from our credit report. Will paying this maybe give us the 6 points we need on the Experian credit report to refinance our home? I read that if you get a non disclosure agreement they cannot verify the debt when the credit agency asks them and so it has to be removed from your credit? Is this a good idea or is just paying it enough. How likely are they to sign such an agreement?
    5. I believe it is unlikely that they would accept a settlement of $1500 until the stipulation date expires in two weeks. Should I let it expired unsigned and hope for the $1500 taking the risk of getting stuck with a judgment for $8000 that I can’t even borrow that much to pay? (This will further reduce the credit score taking away any chance for home refinance.) Or take the safer route of accepting the stipulation even though we can’t really afford it and consider our self’s lucky anyways?
    I called a few attorneys in my area for consultation but they say if it’s likely your debt then just pay it and move on, that none of it matters and that they wouldn’t be suing us if they couldn’t prove the debt.
    I apologize for such a lengthy post and so many questions. I don’t know much about this process and feel paralyzed by these unanswered questions. I am so afraid that I will do or say the wrong thing and we will end up losing our home because of it.
    Thank you for your help

    • Michael Bovee says:

      leigh – You have done a fantastic job of navigating your way through the Cach LLC lawsuit so far.

      Yes, there are legitimate hardship exceptions many lenders and debt owners will use to go below the standard settlement approvals. And yes, it is also a way to get you to give personal financial information that can be used in a way to get more from you. Giving that info to the attorney for Cach is not a good idea unless it plays clearly to your inability to pay. From what you have shared, and what you rightly kept from sharing, the details play to your favor. But it just won’t matter sometimes.

      Signing a stipulation to judgment with Cach’s attorney when there is an agreement to settle the debt in one single payment is not normal or required based on my years of experience. Settling is just that… settling. There would only be a dismissal. Rausch Sturm Israel Enerson & Hornik are not hard to work with, and certainly are experienced enough to know all this. The stip is a ploy, or a clerical mistake (which happens).

      If it were me, I would NOT sign a stipulation to judgment when settling. You should run this by your attorney.

      I am not sure where you read about a non disclosure agreement preventing Cach LLC from meeting their obligation to follow the FCRA, or their agreement as a furnisher with the credit reporting agencies, but it is just not gonna happen. I would estimate you would get the 6 points you need after 3 to 6 months of the credit report updating to reflect a zero balance owed, as long as all other credit reporting stays static.

      If it were me, I would not accept the stip. It will kill the credit as the Cach LLC judgment will show in the public record section of your credit report. I am a bit more obstinate than most on this stuff, but I would probably use the 1500 I could get my hands on to hire and experienced debt collection defense attorney to beat this altogether (though there are already some established hurdles you shared in the first half of your comment).

      You talked to the wrong attorneys. Post a comment reply with the largest city near you and I will email you contact info for the type of attorney with the experience you need to assist you.

      • Michael Bovee says:

        Never mind on the city. I see you already referenced Ogden. I sent you an email with contact points for 2 experienced attorneys. They are not all that near you, but you should definitely call them.

        • Can you send me couple contacts to attorneys. I am about 40 miles NW of Chicago
          Thank you.

          • Michael Bovee says:

            Check your email Greg. The three experienced debt collection defense attorney contacts I sent you will be 40 or less miles from you.

        • Michael,

          I also live about 50 miles NW of Chicago and would like your opinion/contact info of defense attorneys experienced with the same law firm representing CACH,LLC as the above poster.

          Thanks in advance!!

          • Michael Bovee says:

            J – I sent you an email with contact details to a few consumer attorneys with the experience you want.

            • Michael,

              Thanks for the reply!
              I responded to your email but didn’t get a reply back. Does it matter that your contacts are all IL licensed? I am in WI.

              Thanks!

              • Michael Bovee says:

                J – Yes, it can. You would generally want to be working with an attorney licensed in the state the court is in. I sent you contact details to some experienced attorneys in the Madison and Milwaukee area.

                • I got served papers from cach llc about a boa credit card that was charged off. I became very ill 5 years ago. I live in hartsville sc The last activity on cc was over 4 years ago. I answered the summons asking fir production etc. cach sent back stating it was burisome to send me proof. The sol in sc is 3 years. It has been scheduled for court in 5 days. Due to length of time and burden of proof I feel they could not win. Am I correct? Should I fight in court? Thanks for your help

                  • Michael Bovee says:

                    Derry – Defending against a debt collection lawsuit when it is beyond the SOL should win the day. Having said that, I cannot know if what you have done to this point is correct. But you should definitely continue the fight. I would encourage you run your entire situation by an experience debt collection consumer law attorney. Even if you paid them for their time in review, it would likely be worth it. If you need help locating an attorney with the experience you want, let me know, I will email contact info I find.

                    • My husband received a summons today for a debt from 2010. We wanted to do some consolidated credit type thing because we both have old debts that we have not taken care of because it has been nearly impossible to do with our situation. We want to take care of this, we do not know of any attorney we can consult with in our area, was wondering if you may know of some references! We live in Hillsboro, Oregon!

                      Thanks in advance.

                    • Michael Bovee says:

                      cruz – I sent you an email with contact details to two experienced consumer law attorneys you can consult with. It would be great if you post an update to this comment string about how you progress with this Cach collection.

  6. Like most people here, I have been sued by CACH LLC who purchased the debt from Citicorp trust Bank. The attorney is Michael K. Sipes. The ” Damages” are for $3228.38. I am in California. I understand the first thing I have to do is answer the complaint but I have no idea how. I am lost at the step that need to be taken to get this taken care of. Any help would be greatly appreciated.

    • Michael Bovee says:

      Aaron – What is your goal? Are you looking to resolve the debt with Cach LLC? Are you determined to defend the lawsuit? Post your reply and I can offer feedback relating to your goal.

      • Our goal is to resolve the debt and not have it effect our credit more than it already has. We really don’t have the money to pay to them for a down payment that they want. They want $1292.51 for a down payment and then pay $188.30 for 16 months which is $4305.31 on a debt of $3228.38. I have about 2 weeks to put in the response to the courts or try and resolve. do you think its possible to negotiate for a smaller payment or get get it dismissed? also on the summons my name is spelled wrong. would that make a difference?

        • Michael Bovee says:

          Aaron – The name typo is nothing to get hung up on.

          You want to resolve the debt with Cach LLC and Sipes and recover, or at least not further damage your credit score/report. Here are some issues:

          The payment they want is out of reach. Agreeing to long term payments will likely mean signing off on a stipulation to judgment that can be filed with the court. This will indeed further hurt your credit. So what Cach LLC is offering does not help achieve either of yoru goals.

          I would suggest you connect with an experienced collection defense attorney about responding to the Cach lawsuit. The cost be less than what is on the table today and will help you accomplish your goals wither by getting the suit dismissed, or settled for a far more reasonable amount.

          I am sending you an email with contact info for the type of attorney you should consult with. Initial consult is free, and you will learn a lot from the call.

          • Thank you for the response. I looked up the attorney and they are in Chula Vista. We are located in the Bay Area. Do you know of someone closer to San Francisco?

            • Michael Bovee says:

              Aaron – That attorney can assist you anywhere in California. If distance is a concern, you can still speak and consult for free, and get a referral to an experienced attorney nearer.

              • Hello,
                I have a very similar situatio to Aaron, above, only, my timeframe is MUCH shorter. Is there an attorney that you can recommend, who will consult in Los Angeles? Thank you in advance. I feel desperate. Thanks!!

                • Michael Bovee says:

                  Jan – I sent you an email with contact info.

                  • Hi, could you send me an attorney who covers South lake Tahoe, CA?

                    thank you,
                    Ivan

                    • Michael Bovee says:

                      Ivan – Check your email for contact info. If distance is a problem (it may not be), ask for a referral to someone nearer. Consumer law attorneys, especially those with collection defense experience, are pretty close knit.

                    • Hi Michael,

                      I’m also looking for an attorney in the LA area. Can you send me the information? Thank you.

                    • Michael Bovee says:

                      Rachel – I sent you an email with contact information for an attorney who has experience with Cach LLC and the collection attorneys they hire.

  7. Received a law suit from CACH LLC (for GE money retail bank)…have no idea who they are or what this is for? I know in collection they are supposed to send collection letters which have specific time frames for responses and also to give me the opportunity to request verification of the debt…. I have received NOTHING…so have received summons…need to file answer…just overwelmed with it… help…in massachusetts…

    • Michael Bovee says:

      Marie – Is there anywhere on the complaint that lists who your original creditor was prior to Cach LLC picking up the debt and now suing?

  8. Michael,
    I lost my previous conversion chain, so I am posting me question here

    Brief Description : I received an advertising letter from One of the Shelby county Attorney in TN,saying that a lawsuit has been filed by UNIFUND CCR llc on my name. When I searched online on Shelby County Court website..it shows that a case has been file on Mar25,2013 and there is no court date on it and I never been summoned with any of case documents. Since I am in GA state now, so Per your suggestion today I called court and got the case details Via fax.

    The case details are below

    Original Creditor : Citi Bank
    Total amount of the law suit is : $15,000

    As far as I remember back in 2008 I defaulted 5k CITI credited card. and couple of years back I called CITI bank to repay my debt, but at that time they were not able to pullup my information. Even today also I called CITI banl to find out the DEBT collector name that they sold my account to, but still they were not able to pullup my information( I called all services in the CITI banck like general, collections wing)

    since CITI was not able to pull up information,How can I find out my original debt balance?
    Should I call UNIFUND Debt collector Attorney( Plaintiff) ? or directly UNIFUND ?

    I have some more below questions from Case papers

    One of the section in that case is “CIVIL SUMMONS” : This section says I need to appear before the General Sessions Court of Shelby County,Tennesse,on 04/30/2013 then and there to answer in a Civil action brought by UNIFUND CCR LLC

    In Another section “CIVIL WARRANT”: This section has below information
    By XXXXXX, deputy Clerk
    Issued : April 03,2013
    Set for Tuesday, Apr30,2013
    Reset For:

    In another Section “Service”: This Section has below information
    In the served upon field a check box with following statement has been checked
    “All Defendats Except ”

    Served: 04/12/2013
    Signed by Sheriff Constable

    Question: As per this, did I already missed the court date? if so, why the Judgment is not defaulted?
    If not, what should I do now?

    I wanted to settle this matter by paying off my debt in the best affordable manner.Please tell me how to proceed on this?

    • Michael Bovee says:

      Jai – Your prior comment string can be found on one of the posts about handling collection with Portfolio Recovery Associates.

      With the case in Tennessee, and you being in Georgia, a good argument can be made for them suing you in the wrong state. There are other things to be concerned about too. If Citi cannot locate account information, Unifund may not be able to prove their claim if you were to defend against it (once sued in the proper state that is).

      Find out if they listed anything with the court in TN that says you were served. From what you shared, you should find nothing showing you were. If there is something filed with the court showing you were served, it would obviously be incorrect, but you will have some additional steps to take as far as filing with the TN court.

      If it were me in your shoes, I would contact the attorney and let them know they filed in the wrong state, and give my address in GA. You may want to connect with an experienced debt collection defense attorney in TN, and later one in GA if Unifund sues there.

      You can also call in to us for a consult about either helping you settle this on your own for the best savings, or we can help you do that as well. You can speak to a CRN specialist at 800-939-8357 ext 3.

      • Thanks Michale for your suggestions.

        According to document, I was not served with the letter and also no information was entered in the Judgement section ( Like default judgement etc).But still tomorrow I will find out the details that you mentioned from the court.
        Whom I need to contact to update my address. is it UNIFUND attorney?

        One thing that I don’t understand is, How come CITI was not able to pull my information. I gave my SNN and full name but still they were not able to pull up my information?

        • Michael, one more question

          I verified my credit reports from 3 agencies..no report showing negative item of CITI bank and also no report from UNIFUND on my credit report. In this case how can I trust this case?

          Please advice?

          • Michael Bovee says:

            I would contact the attorney.

            I do not know how a bank like Citi loses account details. I once worked a customer file with a 30k citi card balance that disappeared for 3 years. Both the account holder and I would call periodically to locate the collection agency or debt buyer the account went to – in order to resolve it. 3 years went by before the debt owner made any collection attempt. Only then were we able to call Citi and verify that, yes, this collector was who they had sold the debt to.

            Given the information you have shared, no, I do not trust that they will be able to prove the debt. But the first thing is to deal with the lawsuit that was filed in the wrong state. If they want to try this in Georgia, they will. You would likely succeed with defending against it.

            • do I need to hire an attroney to just let court know that I am in different state?
              Since I don’t have good amount of money in my hands now, so wanted to settle this in an affordable manner.

              what is the process of handling this type of cases ( Suied in the wrong state)? Please let me know

              • Michael Bovee says:

                Jai – If it were me I would call the attorney suing and let them know they are suing in the wrong state and that they should dismiss and file in Georgia. Thing is, you cannot trust that the collection attorney is going to do the right thing and dismiss. You can file an answer to the complaint raising the issue of improper jurisdiction. I understand money is tight. You may be able to connect with an experienced collection defense attorney who can make that call for you (they likely already know the active debt collection attorneys in the state after having run into them enough times), or to have them prepare and file the answer with the jurisdiction angle. It could be a fairly affordable fee.

                • Michael Can you send details of an experienced collection defense attorney, if you know any in Memphis,TN

  9. hello my name is Luis Barranco.
    I live in Los Angeles California
    my question is:
    my dad is being sued by cacht llc, the attorney’s name is David Sean Dufek, the debt he owes is 4573.
    he has no money and only earn very little, I want to take responsibility for this debt and pay it, that’s my goal.
    do you think I can do that?
    I have no money now and the court date expires 5-23-13,
    I will have money in the first week of June, I’ve been thinking that I want to make a down payment of 1000 and then another payment of 1000 three weeks after the first, and then make monthly payments. you believe that they accept this?

    • Michael Bovee says:

      luis – Yes, they will likely go for the deal. If you are resolving the debt for your father, but need time to pay with a lawsuit already filed, they will likely want to get your dad to sign off on a consent to judgment anyway. You should think about filing an answer to the complaint in order to buy the time you need to settle with Cach and Dufek. Sometimes just filing the answer with general denials can lead to a better resolution that what you outlined you are looking to accomplish.

      There are some good and affordable attorneys you can get help from on this. Post a comment reply if you would like me to email contact info in order to set up a free consultation with one.

  10. Donald R Bronson says:

    If a civil judgement has already been filed with the court for an account that CACH LLC is attempting to collect, how are they allowed to continue to call and attempt collections? Equifax, TransUnion and Experian show the civil suit and judgement filed Dec. 30, 2009. The original creditor HSBC (Household Automotive Finance) wrote it off in 2007. Can this debt be bought and sold many times over.

    • Michael Bovee says:

      Donald – Debt buyers like Cach LLC buy fresh charged off credit card debts; buy and sell the debts after they have already been purchased once, twice etc; credit card judgments also get bought and sold.

      Collection calls and letters are often made in an attempt to collect on judgments, similar to trying to get a payment prior to any court action.

      Do you have a strategy or plan in place to deal with this?

      • I actually quit trying to deal with these people when they threatened to put a lien on my home. I am 72 years old, my only income is social security and I have been having severe health issues and I have not been up to dealing with the constant phone calls and such. Can I send a letter to ask them to quit calling me? This was an auto loan on a car that they repo’d in 2006. I had the medical insurance on it but unknowly let them talk me into cancelling to lower the payments. Then when my health took a turn they wanted me to sell the car myself. My sister called them and told them it was an illegal practice and all it would do was run up the behind payments on and late charges on it, they came right away and repo’d it. Before the judgement is when they threatened to put a lien on the house. This past year is when the calls have become overwhelming.

        • Michael Bovee says:

          Donald – Is there a judgment entered into the court on this debt?

          • Yes, it was filed by CACH LLC and judgement passed in Civil court on Dec.30,2009. Prior to that HSBC had it and then sold it to CACH LLC in 2007. It was on court records and credit reporting until Dec. 2012. The phone has been ringing non stop since the first of the year. I have a copy of the credit reporting with all this information on it. Would writting a letter to stop calling work?

            • No lien was put on the house as there is no equity.

              • Michael Bovee says:

                It would be a good idea to contact an experienced consumer attorney about your options for dealing with Cach now that a judgment is in place, where you have no ability to pay, but where they are making repeated phone calls to collect. If you post a comment reply with the name of a nearby larger city, I can send you contact information via email for the type of attorney you should look to speak with. Most offer a free initial consult.

                Are there other debts outstanding beside this one?

                • I did consult with an attorney about this matter in 2010. Because I have no assests, liquidable or otherwise, he suggested not to sign anything and to ignore the judgement. He also said because I don’t have assests, that legally I couldn’t file a bankruptcy. The attorney was with the local union. I have a few medical bills in collections.

                  • Michael Bovee says:

                    Donald – No asset chapter 7 bankruptcies are actually pretty common. Not sure why an attorney would tell you that.

                    Being judgment proof pretty much can be summarized like this:

                    No wages to garnish.
                    Money in bank account is exempt from levy (SSI), or there is no bank account to levy.
                    No property to lien, or if property is underwater, no value to the lien for the foreseeable future.

                    If you find yourself meeting all of those criteria, there is really not a great deal to be concerned about. The debt does not go away, and collectors can fly around and make some buzzing noises. They just cannot sting.

                    Bankruptcy is still an option to consider to alleviate all of the unsecured debts, judgment, medical bills.

                    • That is very interesting. I myself, now wonder why the Union Attorney told me that. Thank you so very much for your input and knowledge, I am going to research my debts and see if maybe a bankruptcy would be the best way. I only have Social Security as an income, I know they can’t touch that. It’s still a stressful situation(past due debts and collection calls) for anyone to be in, especially on a fixed income that barely is survivable day to day. Thank you again for your help, it has actually made me less depressed.

  11. I live in Hope Mills, NC. I too am being sued by CACH. I was served by a Sheriff at my boyfriends home a few months ago. The sheriff was very rude and seemed to be trying to intimidate me. He gave me a form to fill out and mail to another county here in NC. I did what he said by stating my assets which I though was $0. Well, just 2 weeks ago my boyfriend surprised me with the title to the car. I just paid it off last month! He financed it for me.

    I am a recovered alcoholic and put myself in rehab in Oct 09. I lost everything. Everything. I’ve been sober since then and I’m trying to put my life back together and clean up the wreckage of my past. I just found out my name is still on the deed of the house I lived in with my ex-husband in Florida. He financed it. He just sent me papers to sign off so he can do a short sell on the house. He just moved to a new home on May 10th. Instead of spending more money on custody battle, he is helping me find a place there so our daughter can have both of us in her life. I plan on being there by the 1st of June before our daughter gets out of school.

    I’m currently receiving unemployment after being laid off and just finished my first semester of college on the 8th. I cannot afford to pay this debt. I feel scared of loosing my car and hurting my ex-husband by my mistakes. He is upside down too.

    I have no idea what this debt is for. I’m assuming an old credit card from 5-6 years ago. I never received anything from CACH about this. I have moved 4x in the past 3.5 years so I can see why I never received any collection from CACH.

    Now the Sherriff has now shown up again last week with a Writ of Execution. He’s called me a dozen times and said, “I don’t care about your circumstances. You need an attorney. I’m not even going to tell you what I’m going to do to you!” I was shocked!

    I cannot afford an attorney. This move is costing a lot. Can the state of NC take my car and my ex’s house in Florida? Would bankruptcy benefit me? Or ruin me forever? I need grants to go to college and I need a degree to have a life again.

    I cannot believe the timing of all this mess. But it’s true. This is the last thing I need right now. I’m stressed out big time! I would be so grateful for any advice.

    Thanking you in advance:)

    • Michael Bovee says:

      Jo – Cach LLC cannot do too much right now to enforce the collection of the judgment. There is no property to lien and unemployment cannot be garnished at the source for this debt. That leaves a bank account levy. Keeping little to no money in your bank account until you get this resolved would be a good idea.

      I cannot speak to whether the newly paid off vehicle is at risk. That would be a state specific exemption. You can connect with an experienced debt collection defense attorney in North Carolina to talk about that. In fact, you should connect with one to talk about your options for dealing with the fact that Cach LLC got a judgment without you being aware there was a lawsuit. Most of the type of attorney I am talking about will offer an initial consult without charging you.

      Your ex and the short sale should not be a problem.

      Congratulations on your personal successes. Debt trouble is just math and can be fixed over time. You did the heavy lifting on the other stuff already, so keep it up!! You could be impacted by the Cach judgment showing on your credit report when it comes to your student aid and loan options. Settling the judgment or getting it vacated will help you make progress there.

      If you want me to pass on some contact info for an attorney in North Carolin you can speak with, post a comment letting me know that’s okay and I will email that to you.

  12. He said the debt was $7000-ish.

  13. Hello Mr. Bovee,
    Today in the mail my husband received a Statement of Small Claims and Notice of Trial. It came via USPS mail from CACH, LLC via Cambece Law. There is no date on the document other than when he needs to show up for court. (the “plaintiff” signed it, but did not date it.)
    It does not tell us what the debt is for, only an amount and the last four digits of a “card” number owned by ‘CitiBank South Dakota’ – which is odd as we live in Massachusetts. The amount is just over $1,400. It says that it is for the principal amount, but we are 100% sure that is incorrect. How can we request to see the original documents and fight this? Also, it was my understanding that in MA you need to have a permit to do debt collecting and neither of the companies are on the NMLS registry – should we be conserned about that?
    Any help would be greatly apprecaited. We are closest to Pittsfield, MA.

    • Michael Bovee says:

      Samm – I did not find Cach or Cambece listed as licensees in MA either. You can contact the MA Department of Banks to dig deeper on this – MA Consumer Assistance Unit

      You will need to raise your issues about the amounts being sought through the court process at this point. Small claims court for debt collection is handled differently from one state to the next. Here is some information about your rights dealing with the situation you have – New Rules and Debt Collection

      If you end up at a place where you opt to resolve the debt and settle the Cach LLC collection with Cambece, I have always found them fairly easy to deal with.

  14. lawrence swick says:

    Hi Michael,
    My dad fell victim to a stroke last May (1 yr ago) and has been in a skilled nursing facility since. As his son, and his POA, and have been collecting his mail etc. He has maybe 8-10k in credit card debts. I was told these are unsecured debt and that his house is safe from liens. I have also been told that is not true- that the house could be liened. I have had recent contact with an atty representing Cach, LLC. I am considering settling a credit card ($400 for $1000 debt). My dad has very limited money and lives off SS. Even if I settle this card, there are others that may well exceed his resources and leaves me unclear as to whether I should give any of this bit of cash away at all. Thanks for maintaining this website for folks such as me.

    • Michael Bovee says:

      lawrence – Post a reply with what state your dad lives in, and if the home is mortgaged and if there is equity, how much. Also, how are your dad’s cognitive skills?

      I will have some detailed feedback to offer in response.

  15. lawrence swick says:

    I also want to mention being near Orlando, FL and if you have any debt collection protection attorneys in that area, I would be obliged.

    • Michael Bovee says:

      Copy that. I did not see this comment before responding to the prior one. I will send an email with some attorney contact info.

  16. lawrence swick says:

    Dad lives in Florida, The home is worth maybe 40k, and has a 10k mortgage. Dads cognitive skills… He isn’t allowed to leave the property for fear he would get lost. He cannot operate a cellphone by himself. He can read and speak well enough, but not much in terms of memory and comprehension. His doctor said he definitely cannot drive. Thanks for the help ..

    • lawrence swick says:

      I am most interested in your expert opinion on this matter. Maybe down the road I will talk with a local atty, but for now, here are the answers to your reply.
      Dad lives in Florida, The home is worth maybe 40k, and has a 10k mortgage. Dads cognitive skills… He isn’t allowed to leave the property for fear he would get lost. He cannot operate a cellphone by himself. He can read and speak well enough, but not much in terms of memory and comprehension. His doctor said he definitely cannot drive. Thanks for the help ..

      • Michael Bovee says:

        Okay. Thanks. With the 10k total debt he would be looking at a cost of perhaps 1500 to 1800 to wipe out the debt in bankruptcy. That would be court cost, attorney fees… everything. If just settling the one debt for 400, that is obviously less expense. But you are correct with the assumption that other creditors will come knocking. Not all of them may use an attorney with a legitimate risk of a lawsuit, but still something to weigh.

        Compare the cost and simplicity of the bankruptcy to a rough estimate of settling at 40% of the debt totals with all the creditors and collectors. 2x and then some.

        The home and his equity would be protected were he to file for chapter 7 bankruptcy.
        Social security is already protected (from debt collectors, credit card judgment collection, the BK process etc).

        He may need to play a part in the one hearing that is required for a debtor to show up at in the bankruptcy process. That is one of the reasons I asked about cognitive skills. That part is small.

        If there are personal assets of value that would be sold off by the bankruptcy trustee (collectibles, extra vehicle, anything not exempt), settling these debts will start to look like a better approach. You are in the drivers seat when negotiating these debts. You do not owe the money, and are not at risk of anything. Your father sounds to be pretty much judgment proof, which you can highlight during negotiations. Perhaps some of these would settle for less than the 40% estimate, making this more affordable. Then consider that once the debts pass the SOL for collections to legitimately use the courts… Perhaps settling this one, and riding this out for a while makes the most sense.

  17. Hello Michael,

    I too am being sued by Cach LLC, can you recommend any lawyers near my area. I live in the South Bay area of Los Angeles, near Hawthorne, Inglewood, El Segundo.

    Thank you in adavanced.

  18. Hi, I am married and just took my as. I’m 64 . My wife is on sad. Our home is jointly owned and in need of much repair. My wife transfered a Capitol one balance from her acct to an acct she told out (Cap sent this for me it was no transfer fee much lower interest lf and for a time etc) We separated for a year and a half, not b/ c of that..she forged my name to do this . She had 32,000 in debt herself. While she was on her own she filed Chapter 7 and got her debt removed. She couldn’t include MY false debt with her filing b/ c she was not on the acct. She stopped paying all credit card payments in July 2010 I got multi calls for about 1 1/2 years. Also ssid i hsve no clue as to me having any debt(I did not incur this I didnt say that to them just scted dumb)Got two or three letters to settle for 4000 the debt was around 7500 when she stopped payments She talked to her bankruptcy attorney and he told her Pa. Had limitations of 4 years. I don’t want to file bankruptcy cause I font want yo swear that this is my debt cause it’d not but I can’t afford to pay it either. House is worth maybe $40,000. Can they file a suit or just go ahead and get a judgement without notifying us. We’ve heard nothing no calls or any letters for about a year. Four years will be up July 2014.We have no stocks, savings,401′ s or other property. I don’t even own a car in my name with only about $3500 in checking. What do you think they will do.It was a law firm that contacted us in the past I have the case number and their phone number but not their name. Maybe the ACCTS been bought again. Kind of frantic over this. Thank you in advance for any info and opinion.

  19. Correction I just took my social security and my wife’s on permanent disability

    • Michael Bovee says:

      CeeCee – You mentioned having a case number from a collection lawyer, which concerns me. Were you sued on this debt? If you are not sure, you can look in your county court record to see if there was a collection action filed. I want to be sure of what you are dealing with here before offering much feedback.

      One thing I gather is that you are not very collectible other than the 3500 in savings. If there is a judgment, and your savings is in the bank, that money is at risk. Find out what you can about any lawsuit that may have been filed on Tuesday and post an update. Also post who was last trying to collect from you on this (attorney or collection agency name).

  20. Chelsea says:

    A friend of mine recently got a letter from a lawfirm stating that she is being sued by CACH, LLC. and offer to help her defend her case. She is confused because she is not sure why this happened. She bought a home in March, 2013 and moved, so she was late on a couple of payments when the bills finally were forwarded to her. Was that enough of a reason for them to file a lawsuit against her? If her credit was that bad, she would not have been able to get a loan for her house earlier this year. According to her, the late fees were even waived after she spoke with the credit card company in early May, so why now all of a sudden the civil lawsuit? What should she do now? Her hearing is not until next year, but she’d like to have this resolved. Thank you in advance.

    • Michael Bovee says:

      Chelsea – Cach LLC is a debt buyer. Debts generally do not get purchased from the original lender until many months of nonpayment. This debt may be something your friend had from years ago, or may just be a mistake and not your friends at all (it happens).

      The letter the attorney sent with the offer to help sounds like the type of solicitation an attorney will send out that scans the court records for new cases that are filed. If your friend does not have a copy of the lawsuit, one can be obtained from the court. Pull that and look at who Cach LLC obtained the debt from. The original creditor should show up in the lawsuit. If the account is not recognized, or even if it is, the next step should be to run this scenario by an experienced debt collection defense attorney. Most of the type I am talking about will offer an initial consult at no charge. If you want help locating one with the experience needed, post a reply with the name of a nearby larger city. I will email info from there.

      If the debt is legitimate – there is also the opportunity to settle with Cach LLC through the attorney they hired. Who is that law firm?

  21. Chelsea says:

    Thank you so much for the quick response. The law firm of the lawsuit is Madarich Law Group. My friend actually called them a little while ago and found out it’s an identity mix up and a mistake as you mentioned. Thank you again.

    • Michael Bovee says:

      Chelsea – Thank you for bringing your concern to the site. Your friends debt was the quickest one resolved today:)

  22. Emanuel says:

    Hi Michael,
    Thank you so much for all this information that you have provided to everyone it is very helpful.
    I’m so glad I ran across this page because I have some questions. Two attorney wrote me and said I was being sued. Not by them but by CACH,LLC. and I could consult with them at no cost. I haven’t received any notification by anyone or been served maybe because I just had move out 3 weeks ago. My situation is the following three years ago I had 6 credit cards that
    had been paying the minimum amount for more than five years I became unemployed for 4 months while my wife had laid-off followed by 2 major surgeries then had to stop payments within 1 year could pay directly 3 cards that offered me good discounts unlike the other three put more interest and increasing fees plus the actual cost of debt. Now I believe that one of them sold the account to CACH LLC company and this company is suing me. Already consulted the processs in court over the internet and I know that it is the causes of small amounts between 2500-5000, the date still a head for begin July, but could not know which card it is. My goal it is to pay the fair amount. This 3 the total amount is 1-4000, 2-1900 each.
    I would like to know from you.
    1 – It would be a good choice to contact them and negotiate directly? (this option scare me a little because the other people comments about them)
    2 – Would be better to go on the court and negotiate it? (Do I have a good chance without an attorney? I can’t afford one now)
    3- Still have time to contact these companies that help you pay your debits?
    Thank you so much for your help

    • Michael Bovee says:

      Emanuel – Check your local court records and you are going to find the lawsuit filed by Cach LLC. You will be able to get a copy and see which account it is that Cach bought.

      1. Calling Cach LLC will result in you getting routed to the collection attorney they hired. Your negotiating will be done with them, not Cach. It does not have to be a scary or confrontational process.
      2. Going to court to negotiate a settlement is not necessarily going to get the result you need, though it can end up that way when a proper defense is filed. Depending on which account it is that Cach has, it may be more affordable to work with an attorney than to settle it on your own.
      3. Yes, you certainly would still be able to work with someone to assist you. You may want to call in for a consult to discuss the value of that: 800-939-835 7ext. 3

  23. Shannon says:

    Michael,
    In the same boat here. I will try to be brief. Had a cc with citibank, got behind on payments, 2012. Sept 2012 they did a charge off. I recieved a letter from an out of state attorney. I live in CA. I sent a letter in response asking for them to DV the debt. never heard from them again. and in March 2013 I get a letter from David Dufek saying he is representing CACH LLC and I owe them $1,800 and please pay it in full. So I send a DV letter asking to validate the debt. they sent me this 1 page print out that could have been done on any home computer and it did show anything but, the old creditor, amount owed, so I then sent a 2nd DV asking for more information so I can prove I was going to be paying the true owner of the debt. they sent back the same page. In my letters I never said I would not pay. this was MID April. last night I was served a summons. Not sure what to do here. I know I owe the money but all I wanted was something showing who the currect owner of the debt is. they put in the summons that I refused to pay. really scared. not sure what to do. any directions here would be great. I dont have $1,800 on hand so payments would have to be made. Is it to late to try to settle? please help

    • Michael Bovee says:

      Shannon – Validation requests are a two edged sword. I know there are many places on the net that advocate people use debt validation indiscriminately, but they are wrong to apply it to every situation. I know that does not help you for me to point that out now, but perhaps later readers will benefit from reading: http://consumerrecoverynetwork.com/when-to-request-debt-validation-from-a-debt-collector/

      If your goal is to settle at this point, you can, but there will be something of a premium to pay for this reaching the courts. If you file a well crafted answer to the complaint you may be able to get this settled for an amount closer to what could have been reasonably expected prior to being sued. It would be a good idea to connect with an attorney with debt collection defense experience. I realize the balance on the debt Cach is suing for is relatively low, so hiring an attorney of your own may not make much sense based on the math involved, but the piece of mind, and dramatically increasing your odds of success of avoiding a judgment, or signing a consent or stipulation to judgment by agreeing to long term payments, should be part of what you consider. Plus, filing an answer can buy you time to save up, or access funds to settle, rather than agree to payments.

      If you would like I can email you contact info for the type of attorney you should speak with.

      • shannon says:

        yes please email me that list, I live in Merced, CA. I hope this is workable. and what rates for attorneys should i expect (if you know). Im really worried. I just want to pay this thing

        • Michael Bovee says:

          I sent you an email with contact details. I really cannot say what fees may be involved. It can vary.

          • Shannon says:

            thank you, i will call tomorrow. cant handle sleepless nights like last night. i will update

            • Shannon says:

              I spoke with the law firm you suggested and I was very suprised at how resonable their cost are for my piece of mind. He was very informed about this Dufek law firm and CACH LLC. He did say there was several issues with the way our account has been handled that may help him in the answer and possible not going to court. I know nothing is 100% but having someone know the law sure helps

              Michael I want to say thank you and I will keep you posted on the progress.

              • Shannon says:

                Michael, is it reasonable for me to speak to 1 more attorney? And if so do you have another recommendation?

                • Michael Bovee says:

                  It is reasonable, but when it comes to California I really have not had much reason to make many other recommendations than the one I made. I sent you an email with contact details for an experienced collection defense attorney in San Jose, which is better geographically. I just do not have personal or CRN member experiences to draw from.

                  • Shannon says:

                    Thank you so much. I am probably over thinking this whole thing. The first attorney your refered me to said this really isnt that big of an issue and they do these types of suits all the time. but i am so scared of the unknown.

                  • Hi Michael!

                    I got court summons today for something filed in court in apr, which is already 30 days past. Do I have an option to defend myself now? Could you please help me find an attorney to defend my case in CA. I spoke to CASH LLC lawyer, but the amount they are asking to settle I am unable to pay.

                    • Michael Bovee says:

                      elian – If you were just served the Cach LLC summons today you still have the option to defend against it. What is the amount you are being sued for? What was the amount the attorney for Cach offered as settlement? What is the name of the attorney collector suing?

                      I sent you an email with contact information for an experienced attorney in California.

        • Percival says:

          Hi Michael

          I’m in same boat as most folks. I live in San Jose, Ca area. I was served today with a filing date of April 30th. Amount owed is $3.5k. I am in position to settle for $1k. Should i contact CACH and negotiate that amount or contact an attorney? Could you send a reasonably priced atty if you believe i should go that route. Thanks so much.

          • Michael Bovee says:

            Percival – I do not often see 30% settlements on debts that get to the point yours has with Cach. Is it possible? Yes, but not normal. Now that the collection attorney is involved you would want to contact them to settle.

            It is always a good route to contact an attorney with experience defending collection lawsuits about your options. I would do that before deciding to reach out to the attorney Cach LLC hired. Check your email for the contact info I sent.

  24. Hi Michael,
    As far as I know, here are the names of the collectors for each of the following accounts.
    Citi Cards- Northland Group Inc.
    GE Money Bank Cards- McGuigan Law Office, LLC
    Macy’s Card- ARS National Services, Inc.
    Z Gallerie Card- Comenity Bank
    Discover Card- Financial Recovery Services, Inc.

    Only the Northland Group Inc. sends current letters. I have not received a correspondence letter from the rest of them since October of last year so I am not completely sure if they are current or not.

    As far as cash on hand goes, I am sitting on around $8K but could probably get a bit more from friends/family. It would mean my entire savings and that would be hard to give up because I have a baby coming at the end of this year so extra money is going to be tight.

    My fiancé is also interviewing for a job which if she gets it, would have us relocate to France which also blurs the picture for me. So I don’t exactly know what to do because I feel that if I start to contact the companies, I don’t have enough money to cover them all and then I will have restarted my SOL which would put me back to square one. I guess I am just really confused on what my options are and what I should do.

    • Michael Bovee says:

      Lee – Due to the new family member coming (congratulations there), the potential to be moving out of country, and the lower risk creditor/collector scenarios you shared that exists at least right now (that could change), I would want to wait until you knew what is going to happen with the job out of country before moving forward on any plan. All of that said, it may make sense to spend the 6k now in order to resolve – for good – the largest debt you have.

      How long until you know if the job in France will be offered?

      • Michael- Thank you very much!

        It may not be until the end of the year or possibly the beginning of next year until we would know for sure that we would be moving.

        If I do decide to take care of the largest debt right now, wouldn’t that reset the clock on me and essentially put me back to where I was two years ago? I guess I am just weary of starting contact with the creditors just yet. If we do end up moving, what would my options be?

        • Michael Bovee says:

          Lee – I am not clear about what you are referring to with resetting the clock. Taking the settlement on the table will resolve the account. There would no longer be any concern about the SOL to file a legitimate suit to collect. Just be sure you follow the outline for getting the settlement documented. If you were referring to resetting the time for negatives to appear on your credit report, settling would not reset that.

          You have time to navigate a chapter 7 bankruptcy process where you would have to only appear in court once, prior to a pending move, so that is one option if you qualify.
          If you were moving, some of these debts that are least likely to sue may just age past the SOL, and even off of your credit report, while you are out of country. That is not resolving debt, or managing the situation head on, but it should be something you discuss with your wife. Moving has its costs. Moving to another country even more. If you return to the states in the next couple of years you could approach the accounts then.

          If I were in your shoes I would want to resolve as much of this as possible to recover my credit and keep my options open moving forward – before a move out of country – or file chapter 7 if qualified and wipe the slate clean in order to rebuild from there.

          • Michael- Thank you very much for all of your advice. I have a couple more questions for you. If I happened to get sued, and they come after me for the full amount, can I still negotiate a settlement? Also, when I get married, will my wife be liable for my debt as well? Meaning, can they sue her also?

            • Michael Bovee says:

              Lee – Lawsuits can be negotiated and settled. Waiting to get sued to take action and settle will most often mean paying a premium on the settlement reached. Sometimes a MAJOR premium. See this article for more on that: http://consumerrecoverynetwork.com/question/can-you-negotiate-and-settle-a-credit-card-debt-if-you-are-being-sued/

              Whenever possible I recommend being proactive with settlements if that is the route you are determined to take to resolve debts.

              I doubt your wife will be at risk for debts of yours if she is not party to the loans. Debt collectors can do some whacky stuff, like trying to name her in a suit, but even in community property states there are arguments to beat back that type of collection attempt.

              • Michael- Thank you very much for all of your advice, it has been very helpful. Just in case, for the future, do you have any recommendations for a debt attorney in the Northern California area?

                • Zakiya Alexander says:

                  Hey Lee. I’m the woman that keeps calling you from McGuigan Law Office…thanks for the update on your finances and possible move. Mr. McGuigan and I shared a laugh over how stupid some debtors can be by posting personal information online. Consider yourself sued. See you in court jackass.

                  • Michael Bovee says:

                    The above comment made by Zakiya Alexander is instructional for many reasons. I will cover some important issues and concerns this type of comment raises in a separate article over the weekend, or Monday. Based on several bits from research I did this morning, the comment does appear to be credibly made by a rep from the firm.

                    Lee, can you confirm in a comment reply if phone calls and/or messages you have received regarding the GE Money account actively being collected by the McGuigan firm are from a Zakiya Alexander? Let me know in a comment reply.

                    • Testing for False Representation says:

                      Michael Bovee,

                      The issue with posting boards like this is that anyone that knows your email and/or name can disguise themselves as anyone. Spoofing is a major issue on the internet. I just used your own email to write this post as proof that having an email is not enough authentication for publishing as factual correspondence.

                    • Michael Bovee says:

                      Testing – True enough. But as relates to the issues in the comment string above, a great deal more can be done to test the veracity of the comment source than relying on the email address the poster used. I found the source as being credible. Nothing forensic was required, but that would be interesting.

                      I have been delayed in publishing the article I mentioned above that was inspired by this comment string. I have written the piece. It is not so much about debt collectors behaving badly by making abusive posts online – I suspect that happens infrequently. It is more of a cautionary piece for consumers to consider when seeking out debt help and posting online -including when posting to this site.

                      I have reached out to the firm via phone and email seeking comment to balance out my article. The most recent email was sent today, and I suspect your comment is the result of that outreach (nowhere did I mention above – the email used by Zakiya corresponding with the firm, but you did, and that was just one of the points I made in my email to the firm last week, and today).

                      Whether the comment made by Zakiya was spoofed or real does not change the fact that debt collectors can use the internet to better target consumers who are more able, willing, and likely to pay. Posting comments, especially the one used here as an example, should not occur. But a debt collector, using any legal means to collect, including “stalking themselves online” (more on that in the article), can be viewed as just being smart/cagey/creative at the job.

                      The comment itself, even if simply alleged, is not the point of caution. Raising people’s awareness about how they interact online regarding unpaid debts is.

        • Please, if you know any Attorney from St. George, Utah that can help me with a possible lawsuit, it would be awesome. I have been working with a Law Firm in the Salt Lake area and committed to pay them four hundred a month but they have stopped taking my money out of my Bank Account as they would only do this for six months. I’m waiting on a settlement from an accident I had but it has taken longer than I thought and would like to know how to handled this as I’m not ready to make a settlement because I have no idea what it will be. I’m now getting on my feet from a back operation and neck injury and tough luck with a lot of other things that cut my income off other than ss. Please help.

          Brenda

          • Michael Bovee says:

            Brenda – What is it you were paying the attorney you already have 400 a month to do? Have you been sued for collection already?

            It would help me locate an experienced attorney if I knew more details.

  25. Viviana says:

    Hello Michael,

    I am being sued by CACH LLC in Jacksonville FL. It is small claims for up to 5000.00 – I have not been served the paperwork as of yet but I know that there is an order to serve me with the legal documents. The debt is from an old Citi card that was then transferred to another lender without advising me of this. So in the transition the debt did not get paid. The new lender then sold the debt to CACH LLC – They have never been able to send me anything via mail only threatening phone calls. I am currently pregnant and we are trying to save for our new baby. I don’t know what we should do at this point I just want it taken care of without this affecting our savings we currently have. We have many drs bill and hospital bills to start paying. Do you have a suggested lawyer that can help. Also is there a possibility to have my husband handle everything? He does not want me to worry and stress and possibly harm our unborn child. Your help is greatly appreciated. Thank You!

    • Michael Bovee says:

      Congratulations! I understand you do not want to add stress to your life right now. I would encourage you to talk with one of the experienced debt defense attorneys I sent you contact info for. Yes, your husband can help, but if you are the one being sued, and there is an appearance required, it may require you to be there and speak on your own behalf.

      How much is the exact amount Cach llc is suing for?
      Who is the attorney they hired?
      Are there other unpaid debts out there or just this one?

      Settling may actually be the least stressful and time consuming way to handle this. Post answers in a follow up comment and I may have more feedback.

  26. Hello, would like to have the info for an attorney in the Fort Worth/Arlington Tx area.
    thanks!

    • Michael Bovee says:

      Check your email for that information. Are you dealing with a collection lawsuit from Cach LLC?

  27. Hello Michael,
    I posted earlier this evening as a reply on another person`s post, and then realize that it might not get to you. Maybe I`m just freaking out because I feel like my husband has been talking to Cach, LLC, and has gotten nowhere, and now we have less than a week left to do anything. He has been calling Mandarich Law Group, in Woodland Hills California, in response to a former Sears/Citi credit card debt of just over $2400. We don`t have the abiity to pay as our family has suffered multiple layoffs, and has been struggling to prevent bankruptcy. We have tried to negotiate a lower lump sum amount that we have been offered by a family member. but it is a one time deal. We can pay $500 but have no source of additional funds. Is it too late for us? Thank you in advance. You can

    • Michael Bovee says:

      Jan – I sent the attorney contact info. I would not expect you to be able to settle with Cach LLC for 500 based on the balance you are being sued for. There is a cost to having your own attorney fight Mandarich Law Group. But that may be the most affordable path to take, while also buying you sometime, preventing a judgment, and giving you some piece of mind.

      No, it is not too late. But you do have some pressing timelines.

  28. Hello,
    I was recently contacted by the office of Michael Dendy in New Orleans concerning an HSBC debt that I had to stop paying in October, 2012 due to a series of health emergencies. The amount is around 12,000. I have not been sued or served – just contacted by an attorney on behalf of CACH LLC. The person who called stated that she was not an attorney, but worked for the legal offices of Michael Dendy, and that they had been contracted by CACH LLC to collect this debt. I assume she is one of their collectors. The woman who called me from Micahel Dendy’s office was very aggressive and bullying in her initial calls and asked all kinds of personal questions such as what type of job I have, whether I have a 701K, if I can borrow money from friends or family, and even if I had jewelry I could sell. She knew where I worked, but I assume that is a matter of public record. She also asked about my marital status etc. I assume that they do this because they know that they are scaring you with this initial call, and that you will be caught off-guard, and therefore they try to get as much personal information as they can from you. I was completely freaked out by the call (which came while I was at work – on my cell phone), and was caught off-guard and actually answered some of the questions. Later, when I calmed down – I realized that she was finishing – possibly illegally – for all kinds of personal information. She offered to settle for 10,000 or 6000 and six payments of $579. I do not have that kind of money – if I did, I wouldn’t have stopped paying the card! Anyway, in order not to make this too long, I wanted to ask how I should approach this situation. To reiterate – I have not been served or sued – just contacted by this attorney’s office (Michael Dendy in New Orleans) to collect the debt for CACH. The original bank card was issued by HSBC. I really want to resolve this matter, but I do not have the money to give them what this woman is demanding. She was incredibly rude, abrasive, and pushy – almost to the point of bullying. She told me that this has to be resolved in 2-3 months or it will proceed according to Louisiana state law. I really need advice as to how to proceed and what my options are to resolve this issue and avoid legal action. I”m willing to work with a collector, but I just don’t have the money to give them what they’re demanding with this first call. If you had any advice, or if you think I should call your company for a consult, please let me know. This phone call from Michael Dendy’s office has freaked me out completely. Any advice or suggestions would be most appreciated. Thank you, kindly.

    • Michael Bovee says:

      RD – Debt collectors of every variety are going to fish for whatever information they can in order to assess your ability to pay some or all of the debt. Some times they step over the line in that effort, but nothing you shared with me in your comment seemed to cross over.

      I can help you evaluate some of your options set beside what the collection office of Michael Dendy will likely agree to, or that are least worth shooting for. Post a comment reply with answers to the following:

      What other outstanding debts do you have? Who with, and what are the amounts?
      What amount of money can you raise in a single lump sum over the course of say the next 60 days?
      What amount of money can you budget from your income each month to save up to resolve the Cach LLC debt (and any other debts)?

      You are going to have a couple options to consider, but the answer to those questions will help narrow down the follow up feedback I will have.

      • Michael,
        Thank you so much for your response. I did a lot of research after the call I received from Michael Dendey’s office 4 days ago and today, and I found that your website is one of the best ones out there. Most importantly, it treats the consumers with respect. None of us want to be in this situation, and your website recognizes that without taking advantage of the situation. Moving onto your questions –

        1) I am drowning in debt and have no credit available on any of my cards. I have worked out hardship payment plans with all of the cards with the exception of the HSBC card that went to Michael Dendy’s office. However, that is just to prevent all the cards from going to the next step. My total debt, with all cards, is over 50,ooo. The people at Michael Dendy know that because the ran a credit report. Therefore, the second time I spoke to the woman, she was a little less agressive.

        2) The accounts that I have are with Citibank, Capital One, Commenity Bank, and GE Financial.

        3) The Citibank and Capital One cards are in excellent standing, as I pay every month. However, once again, that is just to keep anything from going further. The Commenity Bank and GE Financial went 5 months without payment (these two balances are low, comparatively – under $2000), but I worked out a hardship plan to get those back on track.

        4) All of my cards have offered to settle, with the exception of the ones that are in good standing, have offered to settle – but of course I do not have the money to do so.

        5) The HSBC card is the only one that has ever made it to an attorney’s collection office.

        6) I could probably come up with $$1500-$2000 in the next 2 months by selling the few things I own that are of value. I could afford $150 – $200/month as monthly payments – taking into account cost of living.

        7) I should mention that I have a daughter with Autism, and almost all of my money goes to pay for her treatment. This is, in part, how this horrible situation came into play. I don’t think this is directly relevant, but I thought I should mention it. When Michael Dendy’s office first called me, and I was practically in tears, I mentioned this to them too.

        If I have neglected to answer any of your questions, please let me know. I thank you very much for your willingness to dialogue those of us who find ourselves in this unfortunate situation. It calms the fear a bit and is appreciated more than you know

        • Michael Bovee says:

          RD – Thanks for all of the additional details. It really helps to focus on core concerns.

          Being current on the arrangements you made with all of the other accounts, but left with no savings, and only 100 to 150 in discretionary income – clearly suggests you would benefit from chapter 7 bankruptcy where all of these debts and the monthly payments would be wiped out. This gives you the ability to start saving and prepare for your financial future faster and with less stresses.Have you considered chapter 7, or looked into it with an experienced attorney to learn if you qualify? Your credit would recover and provide access to car loan, home loan etc., within about 2 years, which is about what your looking at with the late pays you have on there now and the charge off HSBC that Cach LLC is now suing on.

          I understand the desire to gut it out and avoid bankruptcy, so here is a path I think you should look into if that is really the path you want to stay on:

          The Dendy firm is not going to settle for the amount you can raise, or likely accept the monthly payment you can afford. They would rather push for a judgment and collecting through garnishment, lien, levy after that if necessary. Even if they were willing to, that leaves you no room to afford a flat tire, or household repair, so one set back away from not being able to pay them, or one of the other creditors you have on a plan.

          You could have success with defending the suit by working with an experienced debt defense attorney. This has its costs too, but far less than the amount you would need to settle. It would be a good idea to at least consult with the type of attorney I am talking about. Most offer to speak with you free of cost initially. I can email you contact info if you post the name of the nearest larger city near you.

          Thanks for recognizing what this site, and all our efforts that go into it, are all about!

          • Michael,
            Thank you for your response. I appreciate your suggestions and the encouragement to look into chapter 7. I might very well do that in the future.

            Right now, however, I would like to focus on how I could possibly settle with Dendy’s office representing CACHE. As I said – I have not been sued or served, just contacted by Michael Dendy’s office to collect the debt. Therefore, I will ask the following question – what type of settlement do you think they WOUDL BE WILLING TO ACCEPT? There are some options that I could possibly explore to come up with more funds to settle.

            Once again, the debt they are contacting me about – to collect on behalf of CACH, is around 12K. They offered two settlement options on the first day – 10K or 6.6K and 579/month for 6 months.

            If at all possible, please let me know what you think Dendy’s office WOULD be willing to settle for on a 12K debt. I want to avoid this going to the next step if at all possible.

            Thank you very much for your time.

            • Michael Bovee says:

              RD – Providing an estimate for what you would be able to settle the account Cach sent to the Dendy law firm will be general. You have some things working against you. You have Capital One and Citibank credit cards in excellent standing, with others showing past delinquencies, but that are being paid currently. This makes your “collect-ability score” pretty high. To get a better sense of what I am saying here, watch the interview I had with a former successful debt collector

              If I were working your file, I would use a different tact for negotiating that would center on fighting any collection attempt, should it later prove necessary. I will have a section up for what I am referring to here, but later on this summer.

              Generally, a realistic expectation would be 50% of the balance prior to any legal action. You may be able to land something lower, but without a real hardship (ability to pay other unsecured creditors does not look like a hardship scenario to a debt collector who is only concerned with getting paid on the debt they have in front of them), I would probably stay away from pressing those buttons to get a better deal.

              • Michael – Thank you so much for your candid response and for the link to your interview with Jared Strauss. This is enlightening on many levels. It’s ironic that keeping some accounts in good standing (although with high balances) would seriously affect me in the long run with this one HSBC account. I had no idea. That said, I appreciate your explaining the “collectability” factor. I also gleaned this from the Jared Strauss interview. That said, I understand a bit better what I’m dealing with at Dendy’s office, and how they view me in terms of collectibility. I have to regroup and see what I can come up with in terms of dealing with Dendy’s office and CACH. I do not want this to get to the level of being served or sued. And, educating myself – thanks to your website and willingness to actually treat consumers with respect by educating them about the process – is the first solid step I have been able to take in this mess.

                I do have one question – I was pressured into giving an answer about what I COULD offer the collector within one week (today). I need more time to explore every possibility of coming up with funds to settle with them. So, my question is – how much time, realistically, do I have before this goes back to CACH and to a legal case? 60 days? 90 days? That is, how much time do I have to try to tap into every possible resource to come up with funds to settle with Dendy’s office? 30 days from first phone call? 60 days? 90 days? I need to speak with the collector this afternoon, so if you could guide me in terms of time frame/timeline, I would really, really appreciate it.

                Once again, I cannot tell you how much I appreciate what you’re doing for consumers in terms of education and candid advice. I am very grateful that I found this website and your company.

                • Michael Bovee says:

                  RD – Assuming you are in Louisiana where Dendy is licensed, a lawsuit could be filed tomorrow. If you are in a different state it could be months. If you are sued by Cach LLC, there are steps in defending that can buy you several months as well.

                  You will come through this okay if you can:

                  Raise about half the amount to settle in a lump sum.
                  Defend against any suit with the help of a debt defense attorney of your own, perhaps even getting any action dismissed.

                  You are exactly who this site has been, and is being developed for. We are glad you are here and participating.

                  • Michael -
                    Again, thank you for your prompt and informative responses. I do have one more query – yesterday, i received a written notice from the Dendy office (the first contact was by phone a week ago). The first few paragraphs establish what appears to be standard information, according to the postings in this section of your website. The third paragraph, however, says

                    “At this time, no attorney with our first has personally reviewed the particular circumstances of your account, but this matter has been assigned to a legal assistant for collections. Lawyers may also be debt collectors and this first is operating as a debt collector at this time. Please call our office to discuss this matter. To make payment online, please visit….etc.”

                    What does this last paragraph mean? Is it an important point that no lawyers have reviewed the case yet? My reading is that this is just the initial stage of collection w/the Dendy firm, correct? I should mention that I was never contacted by any other collection firm about this HSBC account.

                    Again, I thank you for your help and feedback.

                    • Michael Bovee says:

                      RD – Debt collectors are required to send you a written collection letter within 5 days of connecting with you over the phone. That letter will contain other disclosures and elements that are required. The section you reference about no attorney having personally reviewed your account is generally there for CYA purposes. The notice basically says something and nothing at the same time, at least from the consumer view. You know that an attorney has not reviewed the file in order to determine they will progress with filing a legal collection action, but that right has been preserved if Cach LLC has authorized going that direction (which they do).

                      There are collection letters from attorney debt collectors that contain verbiage that can be read to mean a lawsuit is eminent. This is not one of those, but it does not mean one is not.

                      Your take on this being the beginning stage of collection would be accurate.

  29. Michael, I’ve just received a letter from JA Cambece as attorney for CACH. It’s the first correspondence I’ve received from them so far. Standard “we’ve been retained to collect the debt owed….demand for payment” letter. It’s in regard to a credit card account that went delinquent when I was laid off in 2011. My last payment was made on this account 5/2011. It has been passed through several collection agencies but I was never able to do anything to either pay them or settle. In all I had 5 accounts that became delinquent after job loss. I settled one for 35% of balance in 2011; am currently making payments to another on full balance (remaining balance approx. 8K). That leaves 3 outstanding accounts….this account and 2 others for a total of approximately 45K. I have no means to pay these at this time. Could you please send me the name(s) of any collection defense attorneys in the San Diego area that I might contact in the event it goes that far?

    I’ve been reading through the entries of your site here and it seems you have a great amount of knowledge and are most willing to share it. I do appreciate your time and await your response.

    • Michael Bovee says:

      TY – I sent you an email with contact for a great debt defense attorney near you. If things escalate with the Cach LLC/Cambece (or any of the other accounts), do not hesitate to contact that office.

      Thanks for seeing value in the site and participating in it.

      • Michael,
        Thanks for your response. Your suggestion regarding an attorney is appreciated. One additional thought…I have done some preliminary research on JA Cambece and it appears he might not be licensed to practice in my state. I will do further checking with the State Bar before I make a conclusive statement on that. However, I’m just wondering if he isn’t licensed here, is this just a case of it being big bark and no teeth? Just curious.

        Thanks so much.

        • Michael Bovee says:

          TY – Yes and no. Cambece does do assignment type debt collections. Using an attorney letterhead has a bit more seriousness to it. But that is not going to change how Cach LLC will move to collect on this. Cach LLC sues in California, and that is the track you have to be concerned this account is on. Cach LLC works with a network of debt collector attorneys in CA. It is true that your concerns for being sued on this, or other debts, will be raised if being contact by an instate attorney. If an opportunity to negotiate a settlement with Cach presents itself later (your cash flow improves), you would likely be able to target a better savings with JA Cambece, than another debt collection firm.

      • Michael I also got an email from Cach for small claims in Los Angeles. I looked up the case and it has Future Hearings “05/02/2016 .” What does this mean? Can you or anyone else send me some affordable attorney’s in my area for this. I’m in Orange County area in CA. for now. Thank you.

        • Michael Bovee says:

          John, can you paste in a comment what you received in the email from Cach LLC about small claims court? Just delete any personal identifiers before submitting the comment.

          I sent you contact info for a debt defense attorney. Small claims courts will operate a little differently, but call the attorney and talk about your options.

  30. Michel,
    One more question – could you possibly send me the name(s) of a debt defense attorney in the New Orleans area. I’d like to have this information should anything escalate with CACH.

    Thanks again.

  31. Having the same problems with Cach, LLC. Are there any attorneys in Los Angeles, CA or Orange County, CA that would be able to help me? I’ve called a few and their only solution to the lawsuit is filing for bankruptcy. But all I have is this $2800 dollar lawsuit and student loans, so I am not looking to file for bankruptcy.

    Is there any other option besides bankruptcy? And my garnishments started about 6 weeks ago. Thank you for reading Michael?

    p.s. Before the garnishments started I tried speaking to them about a potential settlement and they offered one for only 200 dollars less, is that all they are able to take off of the overall debt?

    • Michael Bovee says:

      Carlos – It sounds like you were sued and a judgment was entered. In order to collect on the judgment in favor of Cach, you are now being garnished.

      I am with you on avoiding bankruptcy. Not worth it unless your student debt could be included, which is not common at all.

      Here is the problem – There is not much to motivate them to accept any settlement at this point because they will get paid the total, plus any judgment interest that accrues, as long as the garnishment is in place. You would have to leave the job, or qualify for partial or complete allowable exemptions from the garnishment. These exemptions are state specific and would need to be approved by the court.

      Is the garnishment creating a situation where you cannot afford your basic bills?

      Yes, there are skilled attorney resources to refer to, but those cost money too. Did you file an answer to the lawsuit? Defend it in anyway?

  32. Michael – Can you please post the link to the article that you are writing about the “informative” nature of Zakiya Alexander’s comments? For obvious reasons, her posting was disconcerting on many levels. At the same time, her post (whether intentionally or not) reveals quite a bit about the collectors and the process. I am very interested in reading your article on this topic. I will await the link. Thanks.

    • Michael Bovee says:

      RD – You bet. I will post the link to the article in line with this thread as soon as it is published.

  33. Hi there,

    This is all great information to learn from. I have a question. Cach, LLC also sued my boyfriend for past debt and I am trying to clear all his past debts but just is a little confused. He states he already went to court and has a balance of about 2,000 on the statement. Can this amount be reduced if I call them and dispute? or does the amount have to go through court? the letter is from JA cambece law office. The payments are only 25/month but if we can settle for a lower amount id like to clear it off completely.

    Please let me know.

    Thanks,
    Evelyne

    • Michael Bovee says:

      Evelyne – There is not much to dispute if Cach LLC has a judgment. Unless perhaps payments have not been applied according to any agreement. You absolutely can call the attorney handling collection on the judgment and offer a lump sum settlement. They will often prefer that to small monthly payments like are being made now.

  34. Michael – Lost 50% of my income starting in 2011 due to Obamacare (Health Insurance Broker). I have $140,000 total in credit card debt. Contemplated bankruptcy, but am trying to avoid it. I have settled $84,000 of it for 32%, some in lump sum and some in payments. Cash, LLC bought my debt from Capital One – $10,700. Pentagon Financial, LLC out of Houston is handling collections. They state that Cash, LLC only uses them to collect. If not collected, they move to attorney. They have a settlement offer of $4,500 (or more for payments over 3 months or 6 months) until June 27th. I can probably borrow the money from my Dad to make the payment if that is the best route. My credit is already in the toilet to a dozen charge-offs. I’m not worried about my credit score. I live in Northeast Ohio. Does it make more sense to hire a Collection defense attorney to handle this and potentially some of the other debts? Or should I just borrow the money and pay the $4,500?

    • Michael Bovee says:

      Bill – My feedback on something like this is situational. Spending money to defend a collection lawsuit is something I often encourage looking into when there is no other feasible alternative to resolve the debt. It sounds like you have some other options, and have not been sued yet. Having gotten this far with your mountain of debt (congrats on all that you have done), wrapping things up from here without having to be in the courts would be the first thing I would pursue.

      Do you have other debts that you fear are close to going the legal collection route?

      • Hi Michael – thanks so much for responding. I ended up settling just an hour ago for $4,000 (37%). I’m now at $98,000 settled down to $32,500 (33%) – $41,000 more to negotiate. None of it has gone to legal collection. Any advise on trying to negotiate a charged-off HELOC. House is worth $360,000. 1st loan = $280,000; HELOC = $90,000. Can they charge any fees or interest since it’s charged off? If they sell it – can new debt buyer charge fees or interest?

        • Michael Bovee says:

          Bill – Fees and interest on the HELOC will accumulate in a manner set forth in your original loan agreement. Many can and do grow in size. Some debt purchasers will calculate additional interest if it is allowed (some even if not), others do not tack on additional amounts to the balance unless the account gets to legal efforts to collect.

          The house is barely upside down, if your 360k is based on recent comps. If you would like a referral to someone I trust that can help you navigate the realities of settling the HELOC I can email that info to you.

  35. Far Out1234 says:

    Hi Michael,

    I’ve read through most of these comments and it has been very helpful! CACH LLC and Joe Pezutto Law just filed suit against me (6/12/13) for around $5,000 on a debt from 2008 in AZ. I do have some money saved to settle this, but not a whole lot. They attached a copy of the credit card agreement to the summons.

    I don’t remember the exact amount of the charge-off. What percentage of an offer has the best likelihood of leading to a settlement? In your experience, what is a typical settlement they will accept on this amount?

    Thank you!

    • Michael Bovee says:

      Far – Settling at this stage can be accomplished, but how much they will go for is a moving target, and often depends on how collectible you look. Are you paying other creditors on time? Do you own property? There are other things to key off on about your personal situation to establish a settlement target amount.

      Generally speaking I would target 50% settlement, but with a realistic expectation of 70% depending on how collectible you look to them.

      • Far Out1234 says:

        Thank you for the response. I have (thankfully) drastically improved my situation from when this debt was charged-off and I am making payments on time. What’s the best way to negotiate with them to get below the 70% mark? That’s more than what I have saved up in my emergency fund and would prevent me from being able to settle…

        • Michael Bovee says:

          Far – The best way to hit your target for settlement is to premise the fact that you are not even certain about the amount, or even the debt you are being sued for, that you would consider pulling together some limited resources (state a round dollar figure), and to settle this as an alternative to hiring a debt defense attorney and the expense that comes with that. You have already been sued, so do not offer up much other detail. I would not offer anything too low. If they want payments, say no (unless you are open to that).

          If you cannot resolve this with a lump sum settlement, consult with an experienced debt collection defense attorney. In fact, do that first. There are not all that many attorneys with practices that focus on debt defense. If you want some contact info to reach one near you, email the address this comment is delivered to you from with the name of a nearby city. I will reply to that with some info.

          • Far Out1234 says:

            Great advice! Thank you. In your experience, how is it reported on a person’s credit bureau after a settlement? Is there a new account added or the old one updated? Is there any way to negotiate how it is reported on my credit?

            • Michael Bovee says:

              If Cach LLC is appearing on your credit report now, after a settlement agreement is reached and paid, within a month or two the Cach entry should be updated to reflect a zero balance owed. That Cach entry should fall off of your credit report at the same time the original creditor this began with does – no longer than 7.5 years from when you first missed a payment to the original lender.

              If this were to go to judgment, an entry of judgment will appear in the court record. This eventually shows up on your credit report as a new negative associated with the same account, and with a new 7 year reporting life. Cach LLC will have no control over the judgment entry on your credit report. Settling now, with a lump sum, will prevent the judgment entry and the additional credit report damage.

              There is not much to negotiate regarding the credit reporting when you settle. The attorney suing has no control over that, and Cach LLC is not known for willingness to cut anyone a break in how they report to the bureaus. But they are required to only report accurate, complete, and up to date information. Which in this case would be settled, or paid, and zero balance owed – once it is.

  36. Hello Michael,
    I apologize for late request. I have questions about levy. I just received information from my bank that my account has levy for amount of $2800 by Courtservices LLC. We did not receive any letters from them and did not know that we had case with them. We planning to file Ch 7 bankruptcy and I want to know if we can do anything now before money taken from bank account. The bank put all my funds on hold and my balance now is zero. My husband just start to work and we have two kids. Can they took all funds and do not leave anything for us to live on and pay our bills on next week for new month.
    Thank you for your help.

    • Michael Bovee says:

      roxy – If you were not aware that you were sued, or a judgment entered in the court, that is a major concern. How much you want to research what happened and how to undo it when you intend to file chapter 7 is what I would be considering at this point. Have you consulted with a bankruptcy attorney already? You should be in touch with a bankruptcy attorney about this bank levy, and what filing will mean. Once you file, all collections, including this judgment and levy that came out of nowhere, will stop. So filing will help this situation, and any money taken by the debt collector may even be clawed back.

      If you were delaying filing chapter 7 for some reason, and still intend to delay, you should consult with an experienced collection defense attorney immediately. If there are issues with how the lawsuit and judgment came to be, there are ways to set that aside. If you would like help locating the type of consumer law attorney with experience in defending these types of collections, let me know with an email reply to this comment alert you receive. Include the name of a larger city near you. I will send info back to you in an email.

      • I live in Antelope, Ca. I did not consult with lawyers yet, but sure will do. I was thinking of filing bankruptcy later because I was not aware of court case. Please send me the names of attorneys.

  37. I do not know how to come back to my original post. However, thank you for your reply. You. stated that if I file bankruptcy I have chance to get my money back later from the Court Services LLC, legal action was complet today and money taken from bank account. If I can get them back how much time I have to do it. My husband is not home now and will be back next week.

  38. Inquisitive says:

    Michael,
    I am very curious about one thing that maybe you might shed some light on. Suppose I am sued and the debt buyer wins a judgment against me. I own my home jointly and there is some equity in the property, though not a whole lot. Is it possible for them to force the sale of the home, even though I’m not the sole owner, to collect on the judgment or is it possible to retain the home and pay the judgment at some point as able? Oh, I live in California in case it matters.
    Thanks

    • Michael Bovee says:

      Over the years I have personally not seen a judgment for an unsecured credit card debt lead to the forced sale of a home – resulting from a judgment lien against it. I have seen personal property (non real estate) come into play for collecting judgments.

      Property liens that result from judgment can be settled later.

      There are other implications for collection on a judgment. You may want to review this post.

      For a definitive answer on this you should connect with a California attorney with a practice focused in either real estate law, or collection defense.

  39. Annonymous says:

    Michael – My debt is in the initial stages of collection with the Dendy firm – per my other posts. The original debt was with HSBC for roughly $12K and Dendy’s office (which was hired by CACH) offered to settle for $6000 and 11 payments of $579 or 10K lump sum. I have spent these past few weeks pooling all my resources and options. If I could offer between 4K or 5K as a lump sum do you think it’s worth trying? I just don’t know how to talk to these people, as they put a lot of pressure and use scare tactics. I am just trying to figure out how to make an offer to this woman and how to talk to her and negotiate, if that’s even possible. I want to resolve this issue and avoid any kind of court case. I have a phone appointment to talk to the woman at Dendy’s office next week. The amount I could offer them would be available in July. This brings me to my next question – if you make an offer, does it have to be available immediately? Or, could there be a lull of a couple weeks? As always, I thank you for your time and advice. This site has been so helpful – on many levels.

    • Michael Bovee says:

      Settling a debt with an attorney collector is not much different than negotiating at other stages of collection. Do not go into any financial and income details. Focus on why it is tough to be you financially and do not get detoured from those highlights. Focus on the rounded dollar figure and that you have hit up every source you could to accumulate that. Because you are at a high risk of being sued if you cannot settle, you may want to cast some shadow of doubt related to the nature and amount of the debt, or that you would prefer not to have to retain your own attorney, but that you will seek the assistance of a consumer law attorney if you are unable to resolve this. It is a good idea to talk with your own attorney even before being sued.

  40. Anthony says:

    Hi Michael,

    I was wondering if you could direct to a debt collection attorney because I to am being sued by CACH LLC, this is the second time they put a judgement on me, first time was in Montgomery County, PA and now the second one is Philadelphia, PA. Do you know of any attorney’s dealing with CACH LLC because I was trying to get the first judgement off my credit report because it looks bad on there.

    Thanks in advance.

    • Michael Bovee says:

      Anthony – Are you seeking help from an attorney to defend or settle the lawsuit filed by Cach llc, or are you looking for help getting a judgment off of your credit report? Getting the prior Cach judgment off of your credit report is not likely unless you are able to get the judgment set aside. That is possible if there are things a good debt defense attorney can pick apart. Just not all that common. If you are looking for legal help defending against this new law suit, consult with the attorney I emailed you contact info for.

  41. Can you recommend an attorney in south Florida to fight against CACH LLC?

    • Michael Bovee says:

      Sure. Can you narrow that down a bit first (e.g. Miami, Ft Lauderdale)?

      • West Palm Beach (Palm Beach County)

        • Michael Bovee says:

          Chris – Check your email. I listed a couple that were the closest, but still 45 minutes away.

          • The debt is for 6.4k and I know they (federated law group) will likely settle for less. Do you think hiring an attorney and making the process long and difficult for them will dissuade them from pursuing a law suit? Also, I requested for them to verify the debt and the documents verifying the debt came in today.

            Any comments are appreciated.

  42. I received a letter saying I had 30 days to make a deal with Cach LLC if forgot about it with my busy life. Now I received a summons to show up a small claims court on Jully 9th. The first letter was for $4000.00 and sum dollars, I don’t know what to do. HELP!

    • Michael Bovee says:

      Roger -What is your goal with this account? Are you in a position to settle with Cach through the attorney they hired?

  43. Great site and excellent comments. I feel better now. I was served yesterday (6/27/13) in TX about a lawsuit from CACH LLC regarding debt owed to GE Capital Retail Bank. The amount from a different collection agency in 12/2012 was $5658. Now, the suit states I owe an additional $1205 in accrued interest along with $1716 in attorney fees. My last payment was July 2010, so we are still in the 4 year window.

    I own multiple properties and it has not been a good past 5 years. I have had 2 banks foreclose on a total of 21 properties I had. I still own other properties. I have other much larger unpaid debt. I am trying to avoid bankruptcy, although I have “retained” a bankruptcy attorney ready to put things into action if one of these larger creditors files suit.

    Although I could probably afford to pay a smaller “settlement” amount, I am reluctant to do that. Over the past 5 years, anytime I have paid ANYTHING to a collection company, it never reduced my amount owed to the original creditor. So, I basically stopped talking to them.

    I see websites specifically for fighting CACH LLC lawsuits. Their rates are about $1000 flat fee. That is not unreasonable, but I would hate to pay that and then still lose the court case.

    I have about a week before I need to file my response to the suit, so I want to consider all options.

    Any suggestions for attorneys in the area?

    Thanks again for all of the help provided on this site.

    • Michael Bovee says:

      D – I sent you an email with contact information for an experienced debt defense attorney that is about 60 miles away. Great experience, so make the call.

      FYI – I edited a bit of your comment and your name to better protect your privacy.

  44. Great Info here. Im in Pasadena, Ca and recently found out a summons was delivered to an address of a relative were I don’t reside at. It says I have 30 days to reply (july 5) to the court. The attorney suing is the law office of david sean dufek out of san diego, ca representing cach llc. Amount owed is 2800 for a credit card (capital one) that I defaulted on. My ultimate goal is to settle but don’t have 2800 now, I might be able to do one lump sum of 1000-1200 but not much more. Should I call the attorney and try to settle with them or get an attorney for this small amount which sound like it might not be worth it by previous post??

    • Michael Bovee says:

      harold – It would be a good idea to talk with an experienced debt collection defense attorney first. There is a really good one in the San Diego area that is likely real familiar with the Dufek office and Cach LLC. That call is free, and will give you some perspective and cost estimates you can compare with your settlement target. You can also consider calling the Dufek office and let them know you are willing to settle this, as an alternative to the cost of working with your own attorney, and just wanted to check with them if their open to that before retaining the attorney I emailed you contact info for.

      • Got it, thanks. Will give them a call on Monday (dufek) and if that doesn’t work call that attorney you emailed me.

  45. annonymous says:

    Hello,
    I have posted here previously, and I just wanted to tell everyone who is reading these posts about CACH, LLC that it is really, absolutely in your best interest to contact a lawyer who specializes in collections and/or Consumer Recovery to help you deal with CACH, LLC. I followed Michael’s advice (and that of a close friend) and contacted a lawyer right before a particular deadline passed that could have led to a lawsuit. Yes, it was scary, but it was the best thing I did. I was scared too – terrified, actually. I had not been sued yet – just contacted by an aggressive and offensive collector from a lawyer’s office contracted b y CACH, LLC, but I feared a lawsuit very much. The lawyer I retained, however, was able to negotiate something that was workable for me. I could not have done this on my own, even though I tried to research all the legal parameters and how to deal with these people. I could not have negotiated the way he did. These lawyers specialize in dealing with these aggressive collection people and debt buyers like CACH, LLC. A lawyer will help you. Yes, it does cost money. But it is money very well spent. I say that as someone who is in debut and who does not have a lot of money – it is money well spent. I was one of the people who posted previous here, asking for advice about what seemed like a dire and unresolvable situation. Contacting an excellent collect defense lawyer was the best thing I did. I’m just posting this so that people know that it really is the right thing to do – even if you have not been sued yet. You have legal rights and you should protect those rights. I hope this helps. I am very grateful to this site because it was the first reference to legal protection that I came across when I was research CACH, LLC. And, it is one of the only sources of information about CACH, LLC that I could find back when I was panicking after first being contacted. Thank you, Michael.

    • Michael Bovee says:

      Thanks for posting this update about resolving your issue with Cach LLC. I know it will help people who find this page, just like you did.

  46. I have had a collection amount of $2,800 USD go to our friends at CACH I just want the easiest way out of this situation with the best impact on my credit. How can I accomplish this?

    I have called them numerous times with no answer or option to speak with anyone, very frustration. Its almost as if they don’t want you to pay it off!!!

    Thanks E

    • Michael Bovee says:

      Eric – What number have you been calling? Have you received any written collection notice in the last couple of months? Received calls from a collector about the Cach debt?

  47. Hi Michael,

    I have recently been contacted by JA Cambece law office I guess they are a debt collector representing CACH LLC. I have a debt of $1600 that has gone unpaid for about a a year. I called them up and they were really trying to intimidate and harass me but I kept my cool and started to try and negotiate with them. I started with 10% and they were yelling at me but they said their final offer was 45% of what I originally owed them and that they could not go lower because my debt amount wasn’t that big.

    I did some research and it turns out these guys at JA Cambece are huge scumbages with their threatening and intimidating tactics. My question is if I can afford the lump sum payment, what is the best way to get the lowest settlement possible without being sued? Of course I know they can threaten a lawsuit but how far can I negotiate them down and is it better to settle with the then being taken to court? I ask because I have heard reports of people paying them and getting documentation but the debt is never reported as paid in full and JA Cambece apparently just took the money?

    I appreciate your help.

    • Michael Bovee says:

      Sam – There are complaints and strange advice about dealing with debt collectors all over the internet. The act of collecting a debt will often involve being abrasive. Your goal of resolving the debt is best accomplished by keeping a business tone. Glad you kept your cool.

      It is typically going to be better for you to settle a debt like this rather than being taken to court. Settling with JA Cambece at 45% is a fair target. You could shoot for a better reduction, maybe by 10 or 15% more, but it is true that settling smaller balances for a more dramatic savings can be harder.

      When you read about people thinking they settled a debt, but then end up still being chased down for more, it will often be due to:

      Not getting the deal in writing before making a payment.
      A mistake on how the settlement was tagged in the collector/creditor/debt owner system.

      While both of those instances happen too much for my liking, you can navigate this fairly simple. Here are a couple of resources you can read to prepare:

      Getting your settlement in writing.
      Paying your settlement.

      When it comes to how the settlement gets reflected on your credit report, Cach LLC should show up as a zero balance owed and settled within 30 to 60 days. If it does not show correctly after that, post an update here and I can walk you through how you will use the settlement letter and proof that you paid to get that corrected.

      • Thanks for the advice Michael I’ll be sure to look into those resources you pointed out. Any tips on what I can use for leverage to try and negotiate down 10 or 15%? Would they be more willing if I said I could do it in one payment and say if they can’t go any lower I would have to make two? I’m just wondering if there any specific tactics I can use cause it seems like I don’t have leverage if they can threaten me with a lawsuit.

        • Michael Bovee says:

          Sam – You really do not have any leverage other than being in a financial hardship. The worse it looks for you (unemployed, other accounts unpaid on your credit report – I would not point out you are making payments on other settlements), the better. Assume for a moment you have to borrow the money to even fund a settlement, no matter the amount…. You look even less likely to be collectable. You really have to paint a picture of what you have to give – is all there is.

          Alternatively, if they do sue, there are effective ways to defend against that, but it is a catch 22 at that point with a debt this size. You increase your odds of success by working with an experienced debt defense attorney, but the cost of hiring one would likely exceed what you would settle for. You could study your butt off to fight it yourself, but that would eat up a bunch of your time, so compare the value of your time with the couple extra hundred you would pay in a settlement. In other words, holding out for 10 to 15% better reduction may just not be worth it when you compare the alternatives. But you should indeed try.

  48. Hi Michael,

    I just received first contact from Cach LLC C/O Joe Pezutto about a Fifth Third CC debt that was charged off. It’s the standard “you have 30 days to dispute this debt, otherwise you acknowledge it” type letter.

    We have a lot of debt, are behind on most of it, and have already been sued once. Most of the debt is medical debt. A lot of it is CC debt, but most of that was charged medical expenses. (I know. I was an idiot.) The medical problems are ongoing, but I want to get this debt under control. We’re going through a couple family transitions right now that should put a little more money in our pockets. Our twins are about to start kindergarten, so our daycare expenses are about to drop dramatically. We also have a house that’s been sitting vacant for a few months after a move. We had been trying to sell it, but gave up and found some people willing to rent it. These changes aren’t enough to make any drastic improvements to our debt pile, but it should be enough to stop living in the red.

    My main goal right now is to avoid bankruptcy, avoid getting sued, and buy us a little time (2-3 months)to get these new cash flow benefits in place. How would you recommend we proceed? We are currently in the Indianapolis area.

    Thanks,
    Jim

    • Michael Bovee says:

      Jim – You have several things going on that you would be best able to navigate and plan around with some one on one help. I would encourage you to call in and speak with a specialist to see what a plan that will help you reach your goals and time lines might look like: 800-939-8357 ext. 3

  49. Hi Michael,

    I didn’t find your email information so I thought I would just post the basic contents of the debt letter to get your opinion and see if its ok.

    Its dated for July 9th because they were pressuring me to pay today but I know I have to have proper documentation first before I proceed.

    RE: Settle Agreement
    Current Balance: XXXX
    Settlement Amount: XXX
    Settlement Expiration Date: July 9, 2013
    Client and Account Number: CACH-XXXXXXXXXX
    Original Creditor: XXX
    Original Credit Account Number: XXXXXXXXXXXXXX

    Dear XXX,

    As you know from our first letter, we represent the above named client. Per our agreement we have been authorized to settle your account according to the above information. This will be full and final payment on your account with our office.

    It may be possible to extend the deadline under certain circumstances. The offer above is guaranteed through the above referenced date. After that time, we reserve the right to modify or revoke the offer. The offer is void if previous settlement arrengements have been made.

    Upon receipt and clearance of this payment, your account will be settled in full. We will notify our client to update your account accordingly.

    Does it look standard? Also for payment options they do check over the phone or credit/debt card. I will go with the debit card and made sure to only put the amount I need in there to cover the agreed settlement.

    Also, do they have any real power to change the deal or are they just trying to pressure me to pay as soon as possible? I want to make sure everything is correct before I give them my information.

    Thanks really appreciate your help.

    • Michael Bovee says:

      Sam – The verbiage you shared is pretty standard. Yes, they can change or adjust the deal. You would need a new letter with good date, and will want to carefully review it for any adjustments. Keep their letter offering settlement and the proof of payment in a safe place in the event you would need it later.

  50. Oh and is it ok if they emailed me the document instead of mail/fax?

    • Michael Bovee says:

      If it is in letter form as an attachment/doc that should be fine. I am not a fan of offers and agreements contained solely in the content box of an email.

  51. paige s says:

    hi there! we live in Lafayette IN now and are trying to buy a house and working with wells fargo right now doing the mortgage. they contacted me the other day saying that we need to satisfy the CACH LLC 13,000 judgment on my husband’s credit report before we can proceed and close in 3 weeks! we need to move fast and ASAP on this one. i google CACH LLC and called them and they told me to contact this lawyer in lake mary, FL named harold scherr and i did and actually my husband did as well and they told us 14,600 to settle or we could set up payments for 24,000!!! we need to pay this off immediately and hire an attorney to make a phone call to the harold scherr law firm to try and get them down as low as possibly for us. when all this happened my husband was going thru a divorce and living in lake wales, fl so im assuming that’s why this FL attorney is handling this but im not sure. i guess we need a FL atty even though we live in IN…….please email me with an attorney as soon as you possibly can and any additional comments on what i wrote here are greatly appreciated!!! thanks so much!!

    • Michael Bovee says:

      paige – I sent you an email with contact info for 2 experienced consumer attorneys near that area in Florida. In your efforts it is best not to disclose your end goal, or any type of timeline you are trying to meet, unless you are prepared to pay more to resolve this. When you or your husband spoke with the debt collector did either of you mention your end goal?

      • i just emailed you back…..what is the number on the right of this website that one can call to get help negotiating and settling debt? could i maybe call that? not sure if that’s your company or what….

        • Michael Bovee says:

          The number in the sidebar regarding getting help negotiating and settling reaches a CRN specialist directly. Yes, that would be connecting with someone who can help you.
          The number above that is for lowering monthly payments, which would not apply to your situation, is to a non-profit agency.

  52. My wife’s Bank of America credit card was recently charged off for
    $13K without us knowing. I set up paying for this account on
    automatic debt out of a checking account that I inadvertently closed. I also supressed
    the statements. It was a bonehead mistake. We have a 12 year+ relationship with BOA.
    When I figured out what was going on, we sent BOA a check for $10,000.00 to
    buy back the charge off. A supervisor at BOA by the name of *********stated that if the debt is not bought back within 10 days I can call to get my money back. I called within the 10 days and spoke to her. She said the debt cant be bought back and asked for my address to mail the check
    back. In the meantime the collection co(CACH LLC/ Square 2 Financial) called and I was able to negotiate the debt for $3239.32. I followed up with BOA earlier this week to ask
    when I would recieve my check back and they stated that they sent the check
    to Square 2 Financial / CACH. I had a verbal agreement with BOA that they would
    send me my money because the debt was not bought back.

    What do I do? How do I ge my $$ back.
    I filed a complaint with CFPB.

    • Michael Bovee says:

      Geo – I am immensely curious about the details of how this all played out. I understand what happened after you sent the money in, and that you were misled. But I would really like to speak with you about what happened prior. If you are up to it, reply to the email you get this comment notification from with your phone number and I will call you, or I can send back my direct line for you to reach me when it is convenient for you.

      I would not offer much feedback about your situation until you get an answer from the CFPB, Bank of America, or Cach LLC resulting from the complaint you filed.

  53. hello my name is mike
    for 2 months I am making payments to cach llc 500
    but I can not make that payment because my financial situation is not right,
    you believe that they can get off paying less?
    what would happen if I stop paying?
    my debt was 4700 and page 1000
    thanks

    • Michael Bovee says:

      mike – There are usually opportunities to settle debts for less than what is owed, even at the stage you have reached. But I can also read your comment as wondering if they will take less than the 500 monthly payment you set up. Are you trying to settle for less, or pay less monthly?

      As far as what happens if you stop paying, it depends. Did you set up your payment after being sued? Is your payment arrangement with an attorney debt collector licensed in your state?

  54. hello michael Bovee
    I’ll answer the last two questions,
    I made a payment arrangement because they sued me, the attorney’s name is David Sean Dufek.
    my debt was 4700 but I made payment arrangement 500 per month, but I have no money to make that payment, I get 3700.
    I would love to pay less than 3700 if possible, but I am content with the monthly payment down to at least half.
    you think this is possible?
    I will have to pay interest?
    thank you

    • Michael Bovee says:

      mike – If you set up the payment agreement after having been sued, it is common to sign a stipulation or consent to judgment. Did you sign off, or agree to such a thing? If you did, the consequences of missing a payment would be laid out in the consent. You may need to be concerned about a wage garnishment (based on state laws), a levy on your bank account, or a lien on real property.

      Getting a new agreement for half of what was previously agreed to may be possible now, but perhaps not before they try and fail at collecting through other, more aggressive tactics. Perhaps being proactive and outlining what hardships the too high a payment created, or new financial difficulties that have occurred, could help prevent more aggressive collection at this point, so you should make an effort.

      I understand being content with a new payment if you can convince them to accept it. But it is sometimes better to come up with a strategy to put something like this behind you quickly, if resources can be pooled to fund a one time settlement on the whole balance.

      • hello michael,
        the truth is that this bill is of my dad, I was paying because he has no money,
        but I can no longer afford.
        talk to the offices of David Sean Dufek and we agreed that I would pay that debt.
        my father did not sign anything because I do not get any document by mail
        I just received heavenly a letter that said.
        card member acknowledges receipt of goods and / or services in the amount of the Total shown hereon and AGREES to perform the Obligations set forth by the Cardmember’s Agreement With The issuer.
        *** Please note: the service provider for this transaction is David Dufek Law Firm. the service provider’s name will Appear on the Cardmember’s statement With The amount That is Authorized.
        Also *** this form will authorize our firm to process the Following payments.
        brings payment dates and mount.
        call for three days to saver if I could lower the monthly payment, but said they could not do that. and said they will proceed with the case in court.
        I am worried and do not know what happen
        please help
        thank you

        • Michael Bovee says:

          mike – The situation is a bit convoluted with this being your fathers debt, and him being the one sued. Your next step should be to talk with an experienced debt collection defense attorney. The type of attorney I am suggesting you call usually offers a free initial consult. Get into the details and ask about your different options to manage the situation at this point. If you would like me to help you locate some attorneys for you to speak with that have this experience (not many do), send an email reply to this comment notification and I will reply with the info.

          • Yes I need help to contact a lawyer.
            I hope and not be very expensive because I have not much money.
            one more thing, when you talk to them, they said they were going to seize my dad with his salary, car or home but not home car and not make much money

            • Michael Bovee says:

              Mike – send me an email with the name of the city your dad lives in and I will reply to the email with some attorney contact info.

  55. Hey Michael, my dad just received one of these packages saying that he is being sued by Cach. Ll c.
    I am totally blanked out on what to proceed. On , our family is living on really tough times , dad recent Had a minor stroke , I just want to be able to help him. Reduced. The stress already has can you please help me get through this and giving me advice. My email. Is. (email edited out) thank you

    • Michael Bovee says:

      Marco – I edited out your email from your comment. You should receive this comment reply notification via email. I am sending it to you separately in case you did not subscribe to the comments. Leaving your email to others online can lead to scrapers harvesting the address and spam filling your email box.

      Because your father has been sued, ideally he should connect with an experience collection defense attorney (or you initially in order to reduce stress on him). Getting feedback with weighing your options with putting up a defense to the suit, or settling now, or in the near future, is general feedback I offer in the comments. That feedback is also available to you and your father for free on the phone. Either way, talking with a consumer law attorney will be encouraged. If you would like contact info for the type of attorney I am referring to, send me back an email with the name of the city and state your father lives in. I will send back the info.

      If you would like to speak with a specialist about this on the phone, you can reach one at: 800-939-8357 ext. 3

  56. Thank you for all the posted info. I have been trying to navigate my way through our debt and I have been able to deal with a few but have some remaining, I am in the process of being sued by the same company cach llc, I haven’t been served yet but I know its coming. I am on the fence whether to deal directly with them(as I have had to do in the past with another collection) just to get it over with but after reading the above possibly speaking with an attorney would not be a bad idea. I am in Ventura County could you recommend someone(I guess from the above that it really doesn’t matter where they are located). I would just like to deal with it quickly, obviously as everyone else money is an issue, I guess we all wouldn’t be here if that we not the case. Again, thanks for your help

    • Michael Bovee says:

      I sent an email with contact info to an experienced attorney you can call and consult with about your options.

      If you have additional questions or concerns, post them in the comments here, or call in to get some one on one feedback. You can reach a specialist at 800-939-8357ext. 3

  57. Michael – Thanks for your great website and info. I have received a summons to appear from Cach LLC – total debt is $5K+. Debt is valid, but current situation is grim for repayment. Can you recommend an attorney located approximately 45 west of Chicago IL? Thanks…

  58. Kimberly says:

    A suit has been filed against me by CACH LLC in reference to a Citibank card which I stopped making payments on in December 2011 due to divorce and significant drop in income. The balance is about $5200. It was filed on 7/9/13 and I have not yet been served. I am fortunate to have a family member willing to help and my goal is to settle this matter and prevent a judgement if possible. CACH LL’s attorney is Andreu, Palma, &Andreu. I contacted them yesterday and received a settlement offer of $4,000 which I countered and am waiting to hear back. My question is should I continue attempts to negotiate with them or do I need to consult an attorney? If so could you provide me with referrals for Bradenton, FL. Again my goal is to settle this, avoid judgement, and move on to repair my credit. Thank you.

    • Michael Bovee says:

      Kimberly – It would be a good idea to run your situation by an experienced attorney and find out what there experience has been with that collection firm. If you cannot hit your settlement target, they may be able to get a deal that helps you accomplish your goals. I sent you info for 3 different attorneys North of you.

  59. Michael,

    We just received solicitation from attorneys in the Atlanta area that Cache LLC has filed a lawsuit against us. We have never borrowed money from Cache,LLC…We are assumming that they bought the debt from a company. We are not sure of the statue of Limitation in Georgia(the debt had to be a long time ago). Unfortunately, I do not anyt details because we have never been served and have no idea what it is in reference to…Can you tell us:
    1. what is the SOL in Georgia?
    2. What are the steps involved in a lawsuite( Cache, LLC files a lawsuit, then what)?
    3. What is the name of an experience attorney that fights debt in metro Atlanta?
    4. Do I need to check my credit report and start off asking them to prove debt there?

    Thanks, in advance, for the advice,

    • Michael Bovee says:

      Bee – The SOL for credit card debt has been determined by an Appeals court in Georgia to be 6 years. There are other forms of debt with an SOL of 4. There are arguments that an attorney can make regarding the SOL. Your next step dealing with what appears to be a lawsuit you have not been served with yet should be contacting and experienced debt defense attorney. He or she is in the best position to offer advice about your options and what to do next. I sent you an email with contact to a couple of attorneys in Atlanta you can check out.

      At this point, your credit report is not the best place to start in order to get them to prove the debt. But it may help to jog your memory of any accounts from years back that went unresolved, and when you last made a payment. Pay attention to what any original creditor lists as the date of last activity, not what a debt collector who may be reporting on the same account lists as that date. The attorney you speak with will be able to assist you with getting the information from them to prove the debt is valid, and still within the SOL to sue for collection.

  60. Michael, i recived a lawsuit on July 11, 2013 from Cach LLC and would like help finding an attorney. i live in Eustis Florida. Thank you, Mary

    • Michael Bovee says:

      Mary – I sent you an email with contact info for a couple of attorneys with the experience you need. They are not all that nearby, but distance is not always an issue in this type of thing. If it is, ask for a referral to someone nearer with a similar practice.

  61. I awoke this morning to find a summons on my door. The summons was from a law firm,Llloyd & McDaniel,PLC,based in Louisville,KY. They had filed a claim against me in Vanderburgh Superior Court in Indiana,which is where I live. The whole matter stems from a debt I originally owed to MBNA (Bank of America) for a credit card. I was paying BOA for a while,but it quickly became a problem for me because whatever I paid them was eaten up by overages,late fees,etc. and I just decided to leave them hanging and focus on my other debts. I got a letter from this same law firm back in June. At that time,I politely told them I was not in a position to pay them at that time;I had two other creditors besides their client,Cach LLC,and that the earliest I could start paying would be August,if they would just have patience. The summons I received this morning clearly indicates they are lacking in that area. I am on diability,I don’t get very much each month. Besides my debts,factor in things like utility expenses,food,medicine,doctor visits,etc. and what I have soon trickles down to nothing. I can’t eat beans and defecate $5700 like they seem to think I can. They haven’t resorted to the usual tactics of debt collectors – repossessing my stuff,taking my house,car,etc,garnishing my wages or seizing my checking account – which is the only good news out of this situation. I’m trying not to get upset by this,but it’s really hard right now,considering it was all dropped in my lap at such an early stage in my day. And I’m no fool. I know what they’re doing with this summons. They’re using the law to lean on me,trying to get me to pay sooner than I said I could,which just isn’t possible right now. Haven’t contacted anyone yet because I’m still getting over the shock that they went behind my back like they did and pulled this little stunt. What should my first move be?

    • Michael Bovee says:

      Jason – What you described, while a new experience for you, is fairly common. Because you are being sued, it is always a good idea to talk with your own attorney about your options. You should not reach out to just any attorney. Reach out to one with debt defense experience. If your income is limited to disability, you likely qualify for low income legal aid assistance, so perhaps start by locating a legal aid office nearest you. If you would like help locating an experience debt collection consumer law attorney, send an email reply back to the comment alert you get with the name of a nearby larger city. I will reply with contact details I find.

      At this stage, with other obligations you need to complete, answering the complaint would be a logical next step in order to buy time to make payment arrangements, lower your stress from looming timelines, or defend the suit to its conclusion.

  62. Please send info for attorneys in the Tulsa Oklahoma area :)

    • Michael Bovee says:

      Sue – I sent you an email with contact info to an experienced debt collection consumer attorney in Tulsa.

  63. Michael,
    I received a letter from my post office addressed to POSTMASTER where the Law Office of Joe Pezzuto is asking the post office for the name and last address known for my ex husband. This letter is dated 7-23-13 and it says my ex is being sued by CACH LLC. I went to the courts website and looked up the case number listed on the paper and it doesn’t really say much just that the summons was returned on 7-1-13. It also says “jane Doe” on the paper which I’m assuming is possibly me ? My ex and I divorced in 2010 and I beleive he had several cards that he let go to collections because I stopped paying on them after our divorce was finanalized, actually it was final in Nov and I stopped paying on his cards in May. He had lost his job and was unemployed for a period of time now he lives in another state and doesn’t make much money as he lives with his parents and keeps switching jobs (he doesn’t even pay his child support consistently) is this something I need to be worried about ? I believe I was a authorized signer on his cards but he was the primary owner. I keep getting calls from a woman who won’t identify herself but keeps asking for my ex and when I say he’s not here she hangs up on me, she has told me in the past in a very rude tone that she’s calling for my ex and it would be in his best interest to call her back. What should we do ??? I live in (edited out), AZ and my ex is in (edited out) Utah the case was filed in Pima County (which neither of us live in) Please help thanks so much

    • Michael Bovee says:

      Maria – Ideally you will want to speak with an experienced consumer law attorney about the situation. They filed the suit in the wrong county, and I read your comment to say they have been unable to serve anyone. But there are far too many examples of judgments being entered on collection cases where they should not have been. If you would like me to send you some contact info to an attorney with the type of experience you need, send an email back to the address you get this comment notification from and I will send that back to you.

      You are not obligated to give a debt collector calling information about you, or your ex.

  64. Hello Michael,

    I was sued by Cach LLc in California. I did not respond. Judgement was entered and they took money out of my bank accounts. I filed a claim of exemption because the money came from retirement income. They took close to 9,000. Cach LLc responded and a court date is set in August.

    I realize now I should have responded earlier. Any suggestions for me at this point?

    • Michael Bovee says:

      Ed – Are you working with an attorney? If so, does he/she have debt collection defense experience? If not, if you would like some contact in for one, email back to the address you get this comment from. I will reply with what you need.

      How long ago was the judgment entered?

      • I do not have a collection defense attorney at this time. I checked my email and did not see a response from you. What email are you referring to?

      • The judgement took place in August of 2012. The money was taken out of the accounts in June 2013. We are in Northern California. We do not have a an attorney right now.

        • Michael Bovee says:

          Ed – I connected with Steve, who you called in and spoke with last night. He gave you a great attorney referral.

  65. Hello Michael,

    Thanks for your great website Michael… I have received a summons to appear from Cach LLC – total debt is $1400+..Please send info for attorneys in the West Palm Beach, Florida

    Thank You.

    • Michael Bovee says:

      Gama – I sent you contact info for a couple of attorneys.

      • Michael, i am also being threatened by CACH. i am in Royal Palm Beach, florida
        Zipcode 33411.
        Please send me contact info of defense attorney.
        Also somebody who can negotiate my debt. i have more than 30 account to settle.
        Thanks for help

        • Michael Bovee says:

          Sam – I sent you contact info for a couple of debt defense attorneys nearest you.

          As far as the other accounts, you do have access to work with a specialist on those through this site. You can call in for a consultation and learn more about your options at 800-939-8357 ext 3.

  66. Melissa says:

    Hey Michael, I am being sued by Cach and wondered if you could recommend a lawyer in St. Petersburg Florida please.

    • Michael Bovee says:

      I sent you an email with contact info to a few experienced debt collection defense attorneys near you.

  67. PLease send me the name of an experieces debt attorney in or near Raleigh NC as I, too have judgements against me from CACH

    • Michael Bovee says:

      Check your email Janet. He is a bit outside of the Raleigh Durham area, but distance often does not make that big a difference in cases like this.

  68. I have received documents that were taped to house door. It states it’s an Alias Citation and I should appear by filing a written answer to the plaintiffs (CACH, LLC) petition at or before 10′oclock a.m. of the Monday next after the expiration of ten days after the date of service of the citation. What date are they talking about?

    Wells Fargo Bank, N.A.
    Damages: unpaid balance: $3900.00
    accrued interest: $1700.00 (continues to accrue at the rate of 23% per annum)
    attorney fee: 750.00

    Your advice is greatly appreciated. I live in the Fort Worth area.

    Thank you,

    • Michael Bovee says:

      Rachel – Cach is suing you in order to collect on a debt they purchased. The date reference is a deadline you have to file a response to the lawsuit and defend against it. Your next step is to contact one of the attorneys I just sent you who work on defending against this type of collection. The initial call is free to make, so do that first. Post an update with any additional concerns you have after that.

  69. I’m in the same situation as most of the above people. Cach had documents served to our home by a process server, we live in Austin Texas and would like to know of a good attorney to help us out.

    Thank you

  70. Hey Michael, I am being sued by Cach and wondered if you could recommend a lawyer in St. Petersburg Florida please.

    • Michael Bovee says:

      Heather – I sent you an email with contact info to a couple of attorneys with the experience you need.

  71. Hello Michael,

    It amazes me the amount of information and time your willing to share in helping consumers navigate the challenges of resolving debt. I love your articles, your site provides direct and concise information. None like I’ve seen on the web before.

    I am being sued by Michael K. Sipes on behalf of CACH, LLc.

    Background:
    Citifinancial loan : Last payment Nov. 2009.
    Currently bought and owned by CACH LLc.
    All three credit bureaus are reporting a balance owed of $2745.
    Last statement received from Citifinancial in 2009; $2100
    Suit filed: 6/27/13
    Court: Los Angeles Superior Court, Norwalk (read online brief, but need to get actual dollar amount from court documents, need to pay fee for document in its entirety to see amout sued.) I assume the 2745 + (2000+)Interest and court fees
    Previous aggressive attempts by Atty. Sipes office to collect debt.

    Goal: Resolve debt through payment arrangement settlement.
    Please send contact information for a debt atty in Long Beach, CA.

    ********COURT BRIEF*********
    Court: Norwalk Courthouse
    Filing Date: 06/27/2013
    Case Type: COLLECTIONS CASE (Limited Jurisdiction)
    Status: PENDING
    Future Hearings
    06/23/2014 at 08:30 AM in department SEY at 12720 Norwalk Blvd., Norwalk, CA 90650
    OSC – 3.740 COLLECTIONS-PROOF OF SERVICE

    Histories (Dates listed in descending order)
    07/01/2013 ORDER TO SHOW CAUSE HEARING/CASE MANAGEMENT REVIEW SIGNED
    AND FILED BY HOWARD L. HALM, JUDGE TO SHOW WHY SANCTIONS
    SHOULD NOT BE IMPOSED FOR FAILURE TO FILE PROOF OF
    SERVICE PURSUANT TO CRC 3.740(E). MATTER SET FOR HEARING
    ON 06/23/14 AT 08:30A M., IN DEPT. SEY . CERTIFICATE
    OF MAILING FILED.

    06/27/2013 COLLECTIONS CASE COMPLAINT FILED PURSUANT TO CRC 3.740. RN
    NOR437743061.
    06/27/2013 SUMMONS ISSUED.
    06/27/2013 SUMMONS FILED.
    06/27/2013 DECLARATION UNDER BUSINESS AND PROFESSIONS CODE 6322.1 FILED

    *********SIDE NOTE********
    Also I would like a referral for dealing with settling a second (HELOC) with Real Time Resolutions. Originally with Greenpoint > Countrywide >BOA > Real Time Resolution (to date). My goal is negotiate a settlement and make payments.

    First modified in 2010; completed trial payment arrangement (slow payed), not final agreement on first but making the same modification payment arrangement to OCWEN which includes principal/interest+tax+ins.

    Rationale for current financial situation: laid-off in 2009, not employment until April 2010 still recovering of the affects; feels never ending but getting there.

    Successfully negotiated:
    2 capital ones CC; 1 Sams/GE (Portfolio Recovery); 1 Juniper (Asset Acceptance).
    All with settlement letters on hand.
    Completed School loan rehab: now current with GreatLakes.
    Outstanding:
    GE/Shell – Midland
    Citifinancial – CACH c/o Atty Michael K. Sipes, Esq. (suit filed no judgement)
    Realtime Resolution; HELOC

    Sorry for the long wind. Wanted to contribute in hopes of helping someone and encourage those who may feel emotionally numb from their current situation. It’s hard but doable. It takes patience, a cool head and tenacity.

    I saw read a website from Atty Fullman who helps people fight their cases DIY. Would you suggest something like that? As stated before, I assume one would need to be a bit of a bulldog to navigate all the steps to fight by oneself.

    • Michael Bovee says:

      Shaun – Thanks for noticing the efforts that go into the site. Its a work in progress, and a full time avocation for me now.

      With the goal of negotiating a settlement or payment arrangement, it may/may not be necessary to engage in filing an answer. I can help identify the most realistic strategy to help you accomplish your goal if I knew what you can pool together to settle the balance in a lump sum. With the lawsuit filed, payments would likely mean signing a stipulation to judgment. That is not always a bad thing, as it resolves the debt too, but I recommend against that if it can be avoided. Depending on your cash flow to settle, yes, it makes sense to file an answer and participate in the court process.

      Defending a suit filed by Sipes is best done with the assistance of an attorney. But with the amounts at issue, and because you would be paying an experienced collection defense attorney, you will want to weigh those costs beside the cost of settling quickly – if that can be accomplished. If a payment plan and stipulation are the only option, retaining the attorney to fight can often bring a more economic solution, or allows you to stall the progress of the case for months in order to raise additional money.

      Defending the suit DIY is possible. You do not have to be a bulldog to do it, but you do need to have a personality that is not averse to confrontation (defending yourself in court is not necessarily confrontational, but it can feel that way to many). The main caution I have with this path is:

      1. I cannot possibly impart to you the amount of time you will spend reviewing information, formatting filings, research a ton to understand what you are doing and saying, and toward what goal in your filings. Some people are a quick study, some are not.

      2. You will be prone to make errors even with meticulous preparations.

      3. You can put together the best defense possible and still stand in front of a judge who will not rule in your favor for a myriad of reasons.

      If the approach is to file an answer to the lawsuit with general denials and maybe push some additional discovery docs in order to reach a better settlement, that can be a more realistic goal. Settling is a guaranteed outcome once done.

      Thank you for sharing the details on your other successes. Doing so indeed helps other readers. Coming to grips with the fact that there is a path to resolving debts after a rough patch is step one. The need for patience with the process is a key part of what you shared.

      On the HELOC – A good friend and industry expert has helped many people navigate settling these. I would recommend contacting Charles through his site: http://www.secondmortgageadvice.com/. I trust him to help you, or to be blunt about why he would not recommend that path given the details you would share with him. If you do connect with him on this, you may want to run your Cach LLC collection by him. He is a pro at this stuff too, and may have some additional things to share.

      • Thanks for the very quick response.

        I can help identify the most realistic strategy to help you accomplish your goal if I knew what you can pool together to settle the balance in a lump sum.
        –Unfortunately, I do not have any reserves (normal and customary expenses, and several payment plans to pay off old debts), so at this point my best assertion/assumption would be to set up a payment arrangement. I do understand that I would sign a stipulation of judgement, from reading previous posts I understand this not recommended. This is the best course of action for me provided I have limited reserves, but can bi-weekly payments. One goal is to make sure I can negotiate some thing fair and affordable. Even though I suspect MKS does not care about what my desires are, since the are spending the money on litigation I was assume that they would prefer to wait it out anyway. I’m sure they have done some skip tracing but see the ability to collect against me is slim.

        Defending a suit filed by Sipes is best done with the assistance of an attorney.
        —Thanks for the referral, I will follow up to see if there are viable options that I can afford. But I do see your point in perhaps participating in the suit by answering the complaint. My assumption (correct me if I’m wrong, I misinterpret the fact that there is a future court hearing, I also understand you not an attorney) is that I have until next year June before a judgement is entered, that’s if they are unable to serve me between that time, which to day they have not physically or by publication.

        I will give them a call again to see what the offer is for settlement and determine if I can buy myself some time (time based on suit being filed, not yet being served) before next June. I just know when I call they will pressure me to start payment, and begin the aggressive threats.

        My ultimate goal is to get my financial house in order by summer next year, there’s a chance I may be getting married and want to be at least back on track with long term debt to bring accounts back current (school loan, second) , as well as settling my remaining old debts. Which I previously shared.

        You’re awesome Micheal, thanks for your time!

        • Michael Bovee says:

          Thanks for the additional details. Call the attorney referral I sent you for a free consult before doing anything else. You have not been served so there is not date you really have to be concerned about yet, but run all of that by Jeremy.

          It would be great if you updated this comment string as things progress or are resolved.

  72. I posted two comments on how to beat Cach and without an attorney and you don’t even post it. WHY??? I spoke only the truth.

    Is this site about making money from people that are already down and broke or is it about showing people the truth?

    • Michael Bovee says:

      Tony – While your other posts encourage fighting collection lawsuits and avoiding default judgments, most of the content was akin to using monetary system protest types of interrogatories as part of defending yourself in court. People can defend against collection lawsuits successfully with or without an attorney. There are many reasons why they succeed. But raising arguments like banks cannot lend their own money, your signature created the money, modern money mechanics and the like, are not part of those reasons. All of that stuff is an intriguing rabbit hole to fall into, but doesn’t belong in these comments from an admin perspective.

      If you would like to discuss the merits I can create a page using your prior comments. Let me know in reply.

      This site is about helping people resolve debt and credit issues. CRN no longer provides paid products or services direct to consumers. Any direct assistance or file work I do is completely free of an fee at present, and will likely stay that way.

  73. Thanks Michael for answering.
    “But raising arguments like banks cannot lend their own money”

    I did not say banks cannot lend their own money. The problem is they are not lending their own money. They are lending their credit not their money. There is several case law rulings that state “banks cannot lend their credit”. All I’m saying is make the bank show proof that they lend their money and not their credit. Make them show they are the damaged party. If they cannot show how they are damaged by showing proof……then why should you have to pay them anything? I’m not for trying to get something for nothing……But the banks should not get something for nothing either. I have not had one bank show me proof of lending their money………..they avoid it like a cancer.
    Do you not agree that before CACH or any other collection company can file a civil suit or collect on a debt…..there has to be a injured party?

    Anyway thanks for contacting me back.

    • Michael Bovee says:

      Tony – I understand the argument. All it does is complicate defending against collections. Throwing this stuff in the mix is taking the kitchen sink approach to it.

      I am good with creating a new page for this discussion if you want.

      • Michael do you not agree?

        “Do you not agree that before CACH or any other collection company can file a civil suit or collect on a debt…..there has to be a injured party?”

        • Michael Bovee says:

          Tony – Yes, but not from the direction that most monetary protestors view this. Like I said, happy to start a page for this discussion. It does not belong here.

          • Michael there is only one way for them to prove injury. That’s to show there bookkeeping entries. This is how I beat them several years ago! Why would you not want people to see this and understand what is happening. Breach of contract is also how you beat them. But the key is to make them prove injury which they can’t! YES START A NEW DISCUSSION PAGE………..

            • Michael Bovee says:

              Sounds good. I will work up a page this week and send you an email when it is live.

            • Michael Bovee says:

              Tony – I have no problem publishing your prior comment (others cannot see on this string), with the link to the video about fractional reserve banking. Just not on this page. I will move the comment to the new page I will have dedicated once it is up.

  74. Michael, like others that have posted here, I received some sort of Summons last week from a lawyer representing Cach LLC for an old Bank of America credit card. I tried to work things out with Bank of America by making temporary arrangements of a lower payment while I was having some financial issues a few years ago before defaulting. I emailed back and forth with B of A and they told me they could not accept the payment arranges I was offering and the fees would just continue to add up. Regretfully, I could not afford to make the payments. Do you have any names of lawyers you could recommend in the Greenville, SC area for a consult?
    I think your advice and this forum has helped alot of people and I thank you for your help.

    • Michael Bovee says:

      Tracy – You really want to speak with an experienced attorney about your situation. The closest I found were quite a distance away. I emailed you those. Distance is not always an issue in these cases, so it may not matter. If it does, ask for a referral to someone nearer. Consumer law attorneys tend to be a close knit group and will know others in the state who practice in the same areas of law.

    • Exactly the same thing I kept on getting from B of A, they wouldn’t work with what I could pay them at the time.

  75. Hello again Michael; I am so thankful that you offer this helpful service. OK, my dad had a major heart attack a while back, ended up in skilled nursing, I became the POA. He had about 10k in misc credit card debt. I have been paying these off one at a time. The latest was a $750 debt which I was able to settle for 250. Fine. I wanted to wire them the funds but they wanted a check. I was uncomfortable with that, since its my account. So, we got on a three way call with the cc company to confirm they were authorized to collect . ok, so then I was being told by my wife that I should never give my check info to the collection agency (Account Solutions Group). She says they could wipe my account of the full amount. My question- what is the best way to transfer the funds to the collection agency? Thanks again..

    • Michael Bovee says:

      Larry – Paying over the phone granting access to your checking account – after contacting the original creditor and verifying the legitimacy of Account Solutions Group being assigned the account for collection – is less of a concern than had you not. I do encourage payments on collection accounts and settlements be made from an account you set up that is dedicated for the purpose. See this report. You will also want to get the agreement documented in writing. See this report.

      A separate set aside account can be set up in a day at the same bank you have now. You can then use that account for any of the remaining settlements and payments you have yet to complete. Tying the accounts together with your bank will make it easy for online access to transfer the amount of money you need to settle or pay a day or two prior to the arranged date.

  76. I came home sunday Night (8/4/13) and my mom tells me a man came and drop off some papers for me in regards to a lawsuit. First, I must say these documents were not in an enclosed envelope and I was not given the documents personally. That being said, I am being sued by CACH, LLC for a Bank of America Credit Card I first got in 2007. This happens to be the first credit card I ever got. The problem with this is that I was 20 years at the time may be and I was never explained how I should make use of the credit card or anything. When I opened my account with Bank of America at the time I was told by the employee we are going to send you a $500.00 credit card. I was never explained how I should properly use it or pay it. Anyhow, it came to a point where I was at the limit and unfortunately at a very young age making good money however living beyond my mean (learned the hard way). The account just kept on going up and up and now its to more than double the credit I had. The lawsuit says $1097.72 plus attorney and court fees estimating and extra $800.00. I know it’s not a lot however I only have a part time job and don’t make much money. I’ve never refused to pay this debt but whenever I tried setting up some type of payment agreements they never wanted to work with what I could pay. I live in Arizona and even though I’ve just gone through azlawhelp.org to seek legal assistance, I thought I’d share this. The document I got says I must respond to the lawsuit within 20 calendar days from that letter. I hope I can settle this without having to go through the court process. Even though $1000 is not a lot I do not have it. I hardly live paycheck to paycheck and hope that we can work some type of payment plan, I can at least try to come up with the money in a 90 day process if I could. We’ll see what happens.

    • Michael Bovee says:

      Dan – Thanks for posting this. Please post an update to this comment string with what you learn from low income legal aid about your options and any questions you may have.

  77. My husband just got a letter in the mail from a Franklin Debt Solutions Inc. stating that a lawsuit has been filed against my husband from Cach LLC. for $1058.31. I checked the district courts files and there was actually two suits filed on 8/7/2013. The one mentioned above and another for $3140.89. I think I know what debts these are. My question is that for the last two years we had known of these debts and tried MANY times to get them resolved but the original credit card companies wouldn’t even give us the phone numbers of the company they sold the debts to, and because we weren’t getting any correspondence trying to collect on them we didn’t know what else to do. We do not have the entire amount to pay off right now. We are due with our second child in 6 weeks. so there is some money in the bank for an emergency fund and we just recently started dave ramsey’s total money makeover to pay off all of our other debts.

    We live in Md. what is your suggestion?

    • Michael Bovee says:

      Courtney – I am going to encourage you to call in for a consult to go into the specifics of your accounts and help with identifying a good strategy for you to pursue. Consults are free. Call 800-939-8357 ext 3 to reach a specialist.

  78. Any debt defense attorneys in the Vero Beach, FL area?

    • Michael Bovee says:

      Lisa – I sent you an email with info to an experienced attorney north of you and one south. Let me know how it goes either here in the comments or via email.

  79. I had a BOA account that was charged off without my knowledge. I was paying on the business line of credit, but I know it was not up to date. I was in contact with BOA and they kept assuring me if I paid a payment by the end of the month, the account would stay current. Out of the blue, I was contacted by a lawyer representing Cash, LLC and I sent them back a verification letter. There was no response and I thought it was behind me. I was then contacted 6 months later by a lawyer’s office in my state (Lazega and Johanson). I sent a verification letter again and they sent me several forms of proof on July 31st. By this time, I had spoken to someone at BOA that told me that they had indeed sold the account to Cash. The date they gave me is a couple months off from the date Cash sent on the bill of sale. I’m guessing the discrepancies don’t really matter. BOA doesn’t even show a charge off on my credit report, just 120 days late. All this to say that Cash wants to collect $18,000. I’m stretched very thin with business debt. I don’t have any other delinquent accounts and could probably pay monthly payments. I know my credit makes me look very collectable, but that is not the case. I would have to borrow money for a lump sum and am upside down on the mortgage. Old, paid off cars and no other assets. I was researching how to write a negotiation letter to try and reach a settlement when I came across your site. I’m thinking now that I should definitely consult with an attorney, but I don’t know where to look. Who would you recommend in the Atlanta area and should I go ahead and send a negotiation letter to buy time before a lawsuit is filed?

    • Michael Bovee says:

      LL – Settlements with Cach LLC can be negotiated before the lawsuit is filed. What amount can you raise?

      If you cannot tackle this prior to a suit being filed, it will often prove more economical to defend against it. I sent you contact info for 2 experienced collection defense attorneys in your area.

      • Thanks for the contact info. Do you think I should try to reach the settlement on my own, without the lawyer, if I can? It seems like it would be cheaper that way. Or do you think I would get a better negotiation with a lawyer taking the lead?

        It would be a real stretch to try to come up with 50%. Less than that would be much more possible. I was initially going to offer 15 or 20% to start negotiations.

        • Michael Bovee says:

          LL – You absolutely can settle the Cach LLC debt yourself. It should be the first thing considered, as hiring a pro adds to the cost of resolving this, and you may need that extra money to fund the settlement you reach. You will be doing that with the attorney firm that now has the debt. You can start with that low of an offer, but should not realistically expect to lock in a deal that low. I have seen Cach debts settled for as low as 35% recently, but this is often when dealing with the issue before the accounts lands with a local attorney (clear indication a lawsuit is likely). It is in situations like yours that 50% is a more reasonable target. When you add to this how collectable you look on paper, it is even more likely that the rate of savings may not be as good. You may succeed in getting a settlement stretched out over a couple of months (but not recommended if settling after sued unless totally necessary).

          If you want one on one coaching designed to help you get this done you might consider talking with one of the specialists I refer to about that. You can consult with one at no charge at 800-939-8357 ext. 3.

  80. I would appreciate if you can offer me some contacts for the Santa Maria, CA area.

    • Michael Bovee says:

      Check your email for the attorney contact info I sent. Distance is not always an issue in these cases, so go for the free consult and if distance is a concern, ask for a referral to someone with a similar consumer law practice nearer to you.

  81. I too have been contacted by an attorney on behalf of CACH, LLC. This is probably a 2K credit card I had several years ago. Loss of employment and reduction in salary caused me to get behind (and eventually let to a foreclosure that I’m trying to figure out). I got a 30 day letter today (6/16) from a law firm in Tennessee dated 6/6. I have moved to Georgia and have been here for about 1 year now. Could you recommend a collection defense attorney in the Brunswick, GA area?
    Should I send a letter to the law firm in TN to verify the debt and/or delay any actions because I am now in Georgia?
    Thanks – Alan.

    • Michael Bovee says:

      Alan – Sending a validation request is an option. What is the goal you are working toward? Are you thinking of settling? You may be able to settle for less than it would cost to retain an attorney. Can you come up with cash resources?

      I sent you an email with contact info to an experienced attorney licensed in both Florida and Georgia. He is listed as having an office less than an hour from you.

      • Thanks Mike. I would like to get this paid off, but I don’t have the resources at the moment. If I could delay for a couple of months and then possibly setup payment arrangements, then that would be an option. Should I contact cach (or their legal representative) to notify them that I’m no longer in TN?

        • Michael Bovee says:

          If it were me, I would. I would also point out that you are no longer in Tennessee, and bring up the option to settle in a month or two. An alternative is sending them a validation request only. Sending it certified mail return receipt and with the GA address. Wait to see if they respond with an adequate validation. If they don’t, you know you bought time to circle back and settle in a couple months. If they do, you have still likely bought additional time for the account to get routed to a licensed collection attorney in their network in Georgia.

  82. Dear Michael,

    I’m so glad I ran across this website. I was served with a lawsuit yesterday by Cach LLC with the attorney on record is Richard Edward Clark, Houston, TX. I read through many of the post and believe it may be in my best interest to seek counsel as you have suggested to many folks. I live in Galveston County, TX and work in Houston, Harris County, TX. CACH LLC is seeking the credit card balance $3672 plus all attorney fees, court costs, and post judgment interest at the maximum rate. My goal is to get this balance resolved without negatively impacting my credit score any further. We had a reduction of income since 2006. Would you send me the contact information of an experienced attorney(s) to my email?

    Kindest regards,
    Nancy

    • Michael Bovee says:

      Nancy – I sent you contact info for 3 experienced attorneys who can help you with the Cach LLC lawsuit. They will likely have prior experience with lawsuits filed by Richard Edward Clark. It would be great if you came back and updated this comment thread with how things develop/turn out.

    • Nancy
      I don’t know if you know this but CACH is barred under the Fair Debt Collection Practices Act from collecting attorney fees, interest, penalties and other assorted collection fees.

      • How are they barred? can you be more specific please. I thought collecting fees was legal?

        Thank you

        • Michael Bovee says:

          Cassidy – Legal fees and collection costs are part of the collection process. Tony has a different opinion on that – which is at odds with what happens in court rooms across the country everyday. I will publish a page dedicated to Tony and others opinions on this tomorrow. I know where Tony is coming from with his position, and I actually agree with some of it, just not all. The discussion on this type of thing will be moved to that page as soon as it is up.

        • FDCPA – 808 15 USC 1692f

          808. Unfair practices

          A debt collector may not use unfair or unconscionable means to collect or attempt to collect any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section:

          (1) The collection of any amount (including any interest, fee, charge, or expense incidental to the principal obligation) unless such amount is expressly authorized by the agreement creating the debt or permitted by law.

  83. Michael I’m still waiting……

    Its time people learn the truth. All these poor people are trying to make a settlement on a debt they do not even owe. Make Cach show how they are damaged………that’s all you have to do…..and you win!

    • Michael Bovee says:

      Tony – Had some expected and unexpected travel. Will try to have that post up for open discussion when I return later this week.

  84. Hello

    Great article. Do you have any recommendations for a lawyer in Salt Lake City?

    • Michael Bovee says:

      Thanks Sean. I sent you an email with contact info to consult with 2 experienced debt collection defense attorneys in your area of Utah.

  85. Hi Michael,

    I have a judgment on my credit report in the amount of $6,800 that a law office/CACH, LLC put on about 2 + yrs ago. This was an old credit card account from about 7-8 yrs ago. I believe the original balance was like $2,500.00. I received a letter from the attorney rep CACH, LLC asking for me to settle the $4k in 3 separate payment options. I would like to resolve this but I don’t have that kind of cash and can not do payments due all my money it going elsewhere already.

    Should contact the law firm and offer them a lower lump sum or contact an experienced consumer attorney to assist me with getting this off my credit report?

    Any suggestions are appreciated!

    Mel

    • Michael Bovee says:

      Mel – What can you afford to settle this?

      The judgment is on your credit report as a result of the judgment being recorded in the court and a matter of public record. You would indeed want an attorney for help with what you are thinking, but it is more involved than you may be thinking. They would have to have an angle to “undo” the judgment. That kind of work will cost attorney fees. But it is doable.

  86. Neptali Pinon says:

    Hello Michael,

    Can you offer me some contacts for Oceanside, CA area.

    Thank you very much.

  87. Hi Michael,
    I am being sued by Cach,LLC. can you recommend attorneys in the Orlando Fl. area

    • Michael Bovee says:

      Check your email Chris. I sent contact info for two different experienced debt defense attorneys in Orlando.

      • Hi Michael, I just got a letter from a local debt attorney saying they saw a lawsuit files against me by CACH. As far as I know, I have not received any paperwork from the local courts nor any paperwork from CACH directly. Is this a sign that I most likely will start seeing things in the mail or a summons? I am in San Diego, CA, can you refer me to someone who might have past history with dealings with CACH? Should I call the attorney who sent me the letter, or should I be cautious? Thank for any help on this, and I appreciate what you are doing for everyone here.

        • Michael Bovee says:

          Greg – It sounds like you are being contacted by other attorneys who are offering you their assistance because Cach LLC filed a collection lawsuit in your local court. These other attorneys watch the court filings closely for new cases to be filed. When something is filed that fits their practice, they market their services.

          You have not been served by the collection attorney Cach hired yet, but you can still be proactive. What is your goal with the account? Can you settle the debt? You can often do that at this stage, and prevent this from going further.

          I sent you an email with contact info to an experienced attorney in your area.

  88. CACH LLC allegedly bought a $98K debt from Wells Fargo then assigned it to Financial Assistance Inc for collection. This debt, which I personally guaranteed for my company, was novated when I sold the company in 2008. FA is threatening me with a lawsuit after I asked for Debt Validation. CASH LLC has been at it for nearly two years, first by trying to collect, then assigning the collection to FA after I asked for Debt Validation. I intend to continue to put up a vigorous fight. In case CASH decides to file a lawsuit, can you give me names of consumer lawyers in NM?

    • Michael Bovee says:

      Celia – I sent you an email with contact details for a few attorneys with debt collection defense experience in New Mexico.

      What is it you mean by the debt being novated as part of the business being sold?

  89. Hello All,
    I will try to keep this brief. First off, I’d like to genuinely thank Michael for establishing this portal as without him, I would have not been able to successfully fight and win this case against CACH LLC. I just received my settlement agreement which was a full dismissal and removal of any bad credit. This is not atypical, but just speaks to the power of information. My real point in posting is to let all know that anything I went through, which is what most of us went through, was extremely stressful. Beginning with the collection letters, then the harassing, phone calls, then the biggest shocker was when we were served and realized we were actually being sued! Those of us that understand the result of such a suit is the unforgiving wage garnishments that takes place right when we really need what little funds we have. Point is that as much as we curse CACH LLC and other companies like them, they exist because of us. Our actions have created a multi-billion dollar industry that feeds on our decisions. Often, and most of us can admit, that we COULD have negotiated well before it got to the point of no return. I do understand and acknowledge that many have had traumatic events occur that have led to financial ruin, I absolutely sympathize with those of you as this is not intended for you. But it is those of us that have made poor choices; maxed out credit cards and later decided that we did not have enough to pay it back. Both are decisions. While we cry foul play, we still have the nerve to go to Starbucks and spend on mochas while texting on iPhones. Yes we still decide to spend on Christmas gifts, still go on vacation, or eat out instead of paying our bills. Because we work hard and deserve to not sacrifice so much. No I’m not a credit company supporter, but a supporter of recognizing the error in our ways. As much as I despise the actions of collection companies, they are powerless if we negotiate early in the game and keep our commitments. Funny how when we receive papers that say you will be sued, we find the funds and time to settle or negotiate.. Again, I do not mean to disrespect anyone as living through this was far from fun, but let this be an eye opener a catalyst for new responsible financial behaviors. Contact your past due creditors, negotiate even the smallest of payment plans, don’t let it get to this point – I think we’d agree it costs us more in the long run..

    • Michael Bovee says:

      Thank you for posting about your success resolving your debt with Cach. But much more than that, thank you for sharing your honest introspection. And for pointing out that tackling collection debts is far simpler, often with more flexibility and savings, when approached before debts get to the court.

    • I’m glad that you can afford lattes, i phones and Christmas. Some are not so lucky. My children have not had Christmas for two years. Lattes and i phones?? we were ecstatic when we could afford toilet paper and electricity again. Money to settle? I guess I could print it on the toilet paper…..lol. Think they would accept it?

  90. Can you reccomend good attorney in West Palm beach area. I have to deal with Cach and I know the paperwork is very shaky but also know I need to have my defense right.

  91. Michael yesterday Sept. 17, 2013. I received a Compromise & Settlement Agreement of CACH. CACH dropped a $11,000 alleged debt because they could not show injury. The settlement was for zero!!!

  92. I just read a forward flow and sale agreement from a bank to a jdb. that is really quite something else. There is a paragraph that tells the jdb to fill out the affidavits and submit them once a month and for a fee for each one the bank will sign them. isn’t that illegal?

    • Michael Bovee says:

      The way you wrote your comment it would sound like robo signing, which has gotten much deserved attention. But only if the bank employee was just blindly signing off without file review, or was not an affiant familiar with bank books, records, and systems.

      Banks signing affidavits for a fee being built into forward flow agreements is likely not illegal. It is necessary. How it is done has proven the problem.

  93. Hi Michael,

    I am also being sued by Cache, LLC for credit card debt.
    I was recently sent a letter by Cache asking me if I wanted to try to settle with them right after I was served.
    After reading many of the posts, would it be a bad idea to contact them and offer a settlement?
    I was thinking of hiring an attorney named Eugene P. Castagliuolo.
    Would you be able to endorse this lawyer and is there any one else you could recommend in the Clearwater, Florida area. Thanks so much, the information on your site is so helpful.
    Anne

    • Michael Bovee says:

      Anne – It is never a bad idea to try to settle a debt you legitimately owe. Once you are sued however, and by a debt buyer like Cach, it is a good idea to connect with an experienced consumer attorney about other options that can:

      Increase your savings when settling with Cach LLC by defending the suit.
      Defend the case to its conclusion with the goal of dismissal.

      I do not know the attorney you referenced and if he has debt defense experience. I did send you an email with contact info to 3 attorneys in your area that do have the experience you would look for. I would encourage you speak with one or more about your options before calling the attorney for Cach.

  94. Hi! Michael,
    Like others, I have been sued by CACH LLC who purchased the debt from BOA. The debit is around 25K. Can you recommend good attorney in Jacksonville, FL area? Thank you.

  95. Can you suggest an attorney in the Orlando area. Thanks

    • Michael Bovee says:

      I sent you an email with contact details to a couple of attorneys with collection defense experience in the Orlando Florida area.

  96. hi michael, im glad i came across this thread I just got a letter in the mail from the law office of joe pezutto llc saying they have been hired to retrieve the debt of only get this, $254.00 really? just a small amount? they said they are retrieving it for cach llc for ge money bank. i was paying here and there what i can afford like 15 to 20 dollars a month to ge until another debt forced my wages to be garnished. the letter states i have 30 days to respond or they will set a judgement on me. im only working part time and get a take home of 150 dollars a week after garnishment already, can they still take me to court on this small amount or would I be able to settle for less with small monthly payments. they said they want the whole payment in full but im not sure if they would negotiate. another thing is i dont know why ge money decided to send me to them even though i was making effort of sending them something every month.

    • Michael Bovee says:

      steph – GE Money is set up to charge off accounts they do not receive the full minimum payment from after 6 months. When that happens, even if you send small payments in, the account can be dropped into GE’s normal collection buckets. Yours was sold to Cach LLC. You can call and set up payments on this with Pezutto (typically will not be settling for less), but it would be better to settle for a lump sum. The savings from settling smaller balances like this is not great, and sometimes not even possible.

      I am very interested in what exactly the collection letter you received says. Most collection letters will not state so plainly that a judgment is going to be entered against you. Can you post that section of the letter verbatim in a comment reply?

      • It says this office has been retained to collect the debt owed by you in the above referenced matter. This letter is a demand for payment in full. Please contact this office to make arrangements for payment. At this time no attorney with our law firm has personally reviewed the particular circumstances of your account. We are acting solely in our capacity as debt collectors. Unless you notify us within 30 days of the receipt of this letter that the debt, or any portion thereof, is disputed, we will obtain verification of the debt or a copy of the judgement against you and a copy of such judgment will be mailed to you.
        thats all they put and they still ended the letter with Rosenthal act and notice its an attempt to collect the debt.

        • Michael Bovee says:

          Thanks Steph. The reference to a judgment is a disclosure requirement. The verbiage you posted is typical. I should point out that, while it would be counter intuitive to most of us for collections on small balances like yours to reach the courts, they sometimes do.

          You can call to set up affordable payments. But I would not have high expectations of much reduction of the balance.

          Your take home weekly is pretty low after the garnishment you are currently paying. Did you look at your options for getting in front of the court to establish where you might be fully/partially exempt from garnishment?

  97. Hi Michael, I received a letter from Law Offices of Joe Pezuto, LLC. in regards to a debt with Cach, LLC. balance of a little over 6K. I am aware that I owe this and I do want to get it resolved, however I do not have the money to SIF or PIF in one lump sum, nor do I have the money to put as a down payment to set up a PPA. I also do not want to give them any of my personal info as in POE, Checking, savings, ect. I would actually prefer to make direct payments to the original creditor instead monthly I would be able to do $50.00 a month that’s it given I have living expenses, rent, car payment and other bills to pay.
    Question: If I start making payments directly to the original creditor are they still able to purse me for the balance (S&C, Judgment, possible wage/bank garns)?? I have never had to deal with anything like this before, and I’d like to just be able to make payments direct and avoid a having to deal with a 3rd party collections agency.

    Thank You!!

    • Michael Bovee says:

      Jkey – You cannot make payments to the original creditor now that Cach LLC has it. Cach is a debt buyer. Your original creditor, Wells Fargo credit card from your other comment, no longer has a legal right to any payment. They sold the rights to the full balance to Cach LLC, or a different debt buyer who sold it to Cach.

      It would be highly unlikely you would be able to negotiate a monthly payment as low as 50 dollars. Sending in money without any agreement made before hand would not prevent you from being sued. And now that the account has been placed with the Pezuto law office (a very active debt collection attorney), your risks of being sued are high.

      Ideally you would want to pool whatever resources you can in order to settle the debt for less. If you are sued, you would want to consider defending the suit with an eye on getting a favorable settlement, or succeeding with getting it dismissed. Fighting any lawsuit that may come on a balance this size can make more economic sense than settling, but with no guarantee you would win.

      Are there other debts out there unpaid beside this one?

      • Hi Michael thank you so much for the advice it’s a huge help!! Yes I do have other debts that are unpaid besides this one, however those balances aren’t as high as this one. I have another question, so what if I did an AOS (acceptance of service)? And of course I know they would get a judgment against me, but if I jus made payments every month of $50 not on a PPA, would they still be able to garnish me?? Thank you :-)

        • Michael Bovee says:

          Jkey – If you get the low monthly payment in writing as part of any consent or stipulation to judgment, and it is part of the court record, you should not have too much to be concerned about. I have seen people garnished, and bank accounts levied, when there is nothing documented.

          I asked about other debts to compare the benefit of chapter 7 bankruptcy. Eliminating the Cach LLC collection account along with any others, and getting a fresh start, may be a better plan moving forward. If the Cach account is the only motivator for bankruptcy, it may not be worth that.

  98. Hello, I have read alot of these threads here and it seems like it is a common thing with CACH LLC. With me I only owe at the time around $750 and now they want me to bring $1400 when i come to court along with paying their court costs. Today I my lil one took the papers from the server, i didnt even get the papers, i heard the lady tell my daughter to call CACH and pay them before court, The court case shows to be heard 11/20/13 in my local courthouse. I cant afford an attorney but all i have is copy’s of a few bills with the papers they served me. now with major Surgery, paying off student loans, other ones, i am single mother putting my daughter thru school. I can barely get food in my house or gas in my car. Im scared so bad and im having panic attaches. im so lost and don’t know what to do etc….. Can someone help or what can i do. i cant have my bank account garnished, my paychecks garnished or even my IRS tagged for the cost.

    Is there attornys out there that will take a small sum to look at this and maybe take this case. The attorneys on these papers are the law offices of andreu,palma & an jeru , pl miami florida and it provides a phone number…

    Can anyone help me!!!!!

    Mel

    • Michael Bovee says:

      Mel – There are consumer law attorneys with practices that focus on debt collection defense. They are often highly effective at beating back collection lawsuits from debt buyers like Cach LLC. They do charge fees, and probably more than it would cost to settle this. I can send you contact info to some nearest you, but would encourage you to first locate a low income legal aid office nearby to discuss your issues. Many legal aid offices limit their assistance based on what you earn, but that threshold is something you can talk with them about.

      Having been served the lawsuit means you have some court imposed deadlines to meet, so do not waste anytime speaking to a legal aid office. Post an update to this comment string with what you learn and lets go from there.

      • Michael I could help this guy if you would let me. This sounds just like the case I just won from CACH a few weeks back for 11k.

        • Tony, how did you win your case? Mine has a hearing scheduled in November and I could use all information available. I think I have a good start (my reply below) and have done lots of research, but the more I can learn the better.
          Did they ever start another thread or article about your case like was mentioned before? If so what are the links?
          Thank you

          • Michael Bovee says:

            Cassidy and Tony – Okay. I will finish the page tomorrow and publish. I will post the link here so that you get notice as subscribers to this page.

            Cassidy – Your prior post before this one is long-ish. Due to the roughly 25 to 1 spam comment ratio here, any comment with a link in it is automatically held for moderation. I will review your comment and the links tomorrow.

            Tony – Modern Money Mechanics is precisely the kind of thing that does not belong on this page. It is something to get political about, and even emotionally hopped up about, but it does not help people beat collections in the courts. If it were a productive angle it would be used by many an attorney with a practice exclusively focused on consumer protection laws. It isn’t. I deleted the post.

            I know this can come off as non supportive. But it is not intended to be. I look forward to the upcoming discussion. I will bring my feedback to it, but little moderation.

            • MMM was written by the Federal Reserve……I think they know how the alleged loans work……but what about the court ruling on the difference between money and credit?

              “Neither, as included in its powers not incidental to them, is it a part of a bank’s business to lend its credit. If a bank could lend its credit as well as its money, it might, if it received compensation and was careful to put its name only to solid paper, make a great deal more than any lawful interest on its money would amount to. If not careful, the power would be the mother of panics, . . . Indeed, lending credit is the exact opposite of lending money, which is the real business of a bank, for while the latter creates a liability in favor of the bank, the former gives rise to a liability of the bank to another. I Morse. Banks and Banking 5th Ed. Sec 65; Magee, Banks and Banking, 3rd Ed. Sec 248.” American Express Co. v. Citizens State Bank, 194 NW 429.

              You see this is the key to the whole debt issue. Did the bank loan its money or its credit? I used the above court ruling along with several others in my win over CACH. I never even used MMM.

              • Michael Bovee says:

                That’s great Tony. But taking arguments to court about money creation is just not done successfully. The argument does not stand on its own. I suspect there was more to the case. What was the disposition of your case? Define win. But not here. Please wait till I publish the other page. I ran out of time tonight to finish up. Leaving for wife’s birthday dinner.

                I will leave this cautionary tale: It is all fun and games when you turn 40. Plenty of crackin wise and laughter to be had (at your expense of course)! For some inexplicable reason those jokes are just not all that funny if you reuse some when your wife hits that milestone :)

                • That’s another point…… I never brought up anything about money creation.

                  1. I ask under bank policy is credit the same as legal tender?
                  2. Did the bank loan their money or their credit?
                  This is just a few of the type of questions I ask.

                  Anyway I’ll wait to you get done with the other page.

          • Michael Bovee says:

            Cassidy – Your prior post before this one (from last night) is very well put together and appreciated. I would like to move it over to the page I am working on that I referenced in my prior comment (if I can figure out how to do that). That comment brings reality to dealing with collection lawsuits that I would not have duplicated.

        • Michael Bovee says:

          Tony – I do not have any problem with you helping people. I just take exception to some of the things you have posted in that effort appearing to originate more from a political/money creation perspective that are not productive on this page. Not that this discussion is not worth having. It is probably more relevant today than when I shared many an angle along that vein 10 plus years ago. Just keep your focus on stuff that is meaningful to the collection process.

          FYI – I do still have those comments, but lost interest in creating the new page to open it for broad discussion, especially when I saw your post on my article that appeared on Yahoo. Just so you are aware – I am not paid in any way shape or form for settling debt. I have no product or service available (though I may turn that feature back on in the future). I do refer people to network specialists for consulting, or direct services, but I receive no monetary or other benefit from that (other than knowing people get their needs addressed by people I trust).

        • @Tony,

          I Don’t want to bother Mr. Bovee with discussions that do not belong here. I am interested in the case information you talked about sending. I have set up a temporary email as I would never post my email publicly. [admin delete] (please remove the spaces)
          Thank you

          • Michael Bovee says:

            Cassidy – I do not mind. I really should have some content dedicated to the topics. I am sure Tony will send that email to you, but it would be good to have you participate in the other page too.

          • Cassidy I’ve tried to send you a email but it keeps coming back. Michael its OK with me if you give Cassidy my email.

  99. I would first like to thank you for the information you and others have provided. I was served a summons on October 9th informing me that Cach LLC was suing me for a Bank of America credit card debt of $6.8k. The law firm representing Cach LLC is the Mandarich Law Group LLP. I am aware that I owe this and I do want to get it resolved, however I have not improved my financial situation that led me to this point. From what I’ve read here I know that I must consult an attorney, but randomly picking one from the phone book would be like buying a pig in a poke. I would greatly appreciate a referral to an attorney in San Jose, CA
    Thank You!!

    • Michael Bovee says:

      Lee – I sent you contact info to an experienced collection defense attorney. He is a good distance south of you, but distance is not necessarily an issue in cases like this.

      It would be great if you posted an update with how you progress. There are many comments on this post about being sued by Cach LLC, but not many people come back to post about their progress. It would be good for people reading this page in the future to know how people are resolving these things.

  100. I was sued by Cash LLC and now have a wage garnishment of 25% beginning 2 weeks ago. The case was entered in GA even though I’m a resident of NJ and the case was closed in September however I had no knowledge of this case until the garnishment actually started and I have not received any notifications to notify me that the garnishment will begin. My company’s HQ is in GA but how can they enter it in GA? I checked my credit report and they checked my credit last year. They know I live in NJ. I have legal benefits from my company but need to get an attorney from the network. Do I need to hire an attorney in GA? How can I reverse a wage garnishment? With this garnishment, I cannot even pay rent or support my 2 children. Please help me.

    • Michael Bovee says:

      lume – You should connect with an attorney that has experience in dealing with debt collection lawsuits as a regular part of their practice. With the lawsuit being in Georgia, I would start there. Most of the attorneys who practice this type of consumer law will offer a free initial consult. Post the location of the court this was entered in Georgia and I will email you contact info. I can also email you contact info for attorneys with Cach LLC experience in New Jersey if I knew the name of a nearby city.

      You should have been provided instructions to contest the garnishment as well, but talk with an attorney first.

      • HSBC sold this alleged debt to CACH. Michael you have to make them show injury. When I demanded this and sent this to the court where CACH had filed the suit. CACH dropped the suit. Also CACH/HSBC will not be sending out any 1099. BECAUSE THEY COULD NOT SHOW THEY LOANED THEIR MONEY. The following is part of my summary judgment to CACH and the court.

        4. If HSBC Consumer Lending USA, INC was the true lender they should be able to produce documentation of the actual transaction and transfer of said funds from loaner to borrower. Such as:
        A. History and origin of funds
        B. Prior title
        C. Ownership and rights
        D. Original contract agreement (Not Copy) between Defendant and HSBC Consumer Lending USA, INC.
        If Defendant was suing over a debt owed, Defendant would have to show all of the above.
        Defendant believes Plaintiff and HSBC Consumer Lending USA, INC have failed to show standing.
        WHEREFORE, Defendant respectfully requests that this motion for summary judgment be granted.

  101. Hello Michael,
    Do you have any recommendations for assistance in the Tampa / Wesley Chapel area of Florida?
    Thank you so much for having this resource available; we are reading every comment!

    • Michael Bovee says:

      Thomas – I assumed your request was for contact info to attorneys in the Tampa area with experience dealing with Cach LLC. I sent you an email with details for 3 attorneys.

      If you are not yet being sued let me know.

  102. Hi Michael;
    Stumbled across this great website & feel I have learned a lot simply reading thru the various posts.

    I have several CC accounts issued by GEMB & my wife has several as well. I don’t think any of them are joint accounts. We are probly 2 to 5 months behind in payments. Currently GEMB is still sending us monthly statements for each of our accounts. They have threatened to exercise all of their legal rights to collect the funds, however, we have had nothing more from them to date.
    No single account is over $6k & the total of all GEMB Accounts for both of us would be maybe $20k.

    We have fallen behind on accounts issued by other lenders (Citi, Barclay’s, John Deere-unsecured credit line) as well & are still trying to pay off accounts with low balances including 1 GEMB account.

    My wife is 62, I am 48. We live in Arapahoe County area of Colorado (Greater Denver Metro).
    I am “fully & totally” disabled & received a very eager Social Security payment each month.
    My wife was unemployed for several months earlier this year. We kept thinking that a job was right around the corners & dipped into retirement funds (which were already very limited) to keep things paid. Though ultimately we had to stop paying CC to ensure healthcare & mortgage were covered.

    My wife just started back to work at a significant cut in pay/benefits & has a 2nd job that is in 8 to 10 week periods 3 times a year. So financially we are just barely making it right now, though hopefully will have periods with a little extra allowing us to reestablish some savings.
    Under bankruptcy we would probly still have to have to go the 13 route & would prefer to keep that as a “last resort”.

    I already checked into what Colorado Law allows a creditor to seize in the event of a Judgment — almost identical to what would be protected under bankruptcy. There is an interesting clause when a debtor or spouse or dependent is over age 64 or is totally disabled that increased the value of protected assets.

    Being disabled medical equipment & annual equipment maintenance expenses are protected, 1 or more vehicles are protected up to $12k (normally 1 vehicle up to 3k but the disability thing), the equity in the house up to $90k we have no equity, but (normally $20k), farm implements & livestock are protected as are items used to produce (or attempt to produce) income, $6k in professional library’s per spouse, $3k in personal property, all retirement funds including SS benefits, & 75% of “adjusted wages” are all protected …. bank accounts can be seized except for protected funds (SS, retirement, 75% of wages are all protected).

    Basically we have few, if any, assets that can be seized other then my wife’s earnings could be garnished until she retires.

    I know Cach frequent looks at the likelihood of recovering funds before they file suits …. So my questions are:
    1- What are the chances of being sued by GEMB or Cach?
    2- Would it be advisable to let them know I am disabled & that my wife is nearing retirement age since both of those things limits what is considered seizeable?
    or
    Say nothing?
    3-Would it be best to attempt a settlement?
    or
    Wait until they actually put the accounts into collections?
    4- Is paying off the accounts with low balances a good idea or is that leading to a belief we have funds with which to pay?

    Who are some lawyers in the Denver-Metro area that have experience dealing with GEMB or Cach & possibly the other creditors I named?
    Thanks!

    • Michael Bovee says:

      Sharkey – I will email contact info to experienced consumer law attorneys in the Denver area. Use them in the event you are contacted by a collection attorney.

      Though Cach LLC (Square Two financial) does purchase GEMB accounts, that may not be the case all of the time. Your accounts are not yet charged off. Once they do charge off you could find that some get sold, and some get assigned out to different contingency collectors for a time. Settling these accounts is a viable option at anytime, including prior to charge off.

      I have some feedback to offer regarding the information in your comment, but want to ask a few questions first.

      You have 20k total debt to GE Money Bank. Can you raise 40% of that to settle right now?
      What are the balances on the other accounts?

      I want to establish some realistic expectations and timelines about settling.

      • It is not possible or feasible to raise 40% of the amount owed to GEMB within the next 30 to 90 days.
        The other creditors: John Deere Financial about $8k, Barclay’s 2 accounts totaling $8k & Citi all accounts are presently current with a total owed of $4k.

        A lot of the debt comes down to major medical several years ago. We attempted to set up reasonable payment plans with each of the providers & ran into problems. Ironically the “for profit” hospitals were all willing to negotiate, the “non-profit” hospital was willing to negotiate & filed suit, then the “for-profit” facilities stopped talking with us …. After that pretty much everything went onto CC so as to continue receiving the medical care.
        The income at the time was sufficient to cover all the payments though did not leave much for savings.

        My wife’s earnings are currently about half of what they were 9-months ago, though still enough to keep mortgage & insurance paid & keep a few accounts current. The earnings are not likely to increase much between now & when she retires even if she works another 5 years. In the 15 years that she was working for her previous employer the job market changed significantly — Her profession now wants PhD & she only has a Master’s & at her age the PhD is not feasible.

        Thanks for the consumer law attorney name & contact info!

        • Michael Bovee says:

          Thanks for the additional details Sharkey. Given what you shared, if the unsecured debts are all that would lead to either bankruptcy (7 or 13), you could:

          See items and get a better price than what the trustee would get if you filed chapter 7, then use those funds to settle with creditors for the best discount possible.

          Let accounts you are not paying take their natural course when they enter the collection pipeline and take a triage approach to each event as it occurs. This would likely mean being sued on one or more accounts, but not all.

          File 13 and the court hash out the payment to unsecured creditors, but live under a type of financial supervision that most cannot complete for 5 years.

          I would be partial to coming up with a strategy to fund settlements over the course of the next 12 to 18 months for a host of reasons. Your comments show you have done a good amount of research, so let me ask – What is your current inclination?

          • Thanks for your thoughts Michael, Yes, a settlement or payment plan in the next 18 months or so would be good.

            After reviewing the Chapter 7 Bankruptcy info available, I don’t think we have anything that would exceed the limits allowed; however, I also think that we’d be forced into Chapter 13 due to income. We would have to get a legal opinion.

            Budgeting everything out, there is no way we can even begin setting funds aside for future settlements until January.
            If the wife’s jobs remain stable we can see where we could have all our debts paid by early 2015 if they did not have any interest accumulation ….

            So settlement look to be a very viable option, especially if we can push for a 18 to 24 month time frame.
            If we can just make it thru the next few months & keep the banks/collectors from pushing the issue or suing before we can get ourselves stabilized again.

            • Michael Bovee says:

              I would suggest having the consult with a bankruptcy attorney. Many of them offer no cost initial consults. You may learn something that convinces you holding out to settle these over time is how you want to proceed, or get a deeper understanding of how chapter 7 would be both doable, and the best path. If you are indeed limited to a chapter 13, and given the confidence you have with settling over the next year to two, I would avoid chapter 13 unless something develops along the way that causes you to lean toward the court sponsored repayment plan.

              You may indeed get sued while settling, but you can still navigate that process and avoid bankruptcy.

  103. Hi Michael,
    My husband is being sued by CACH LLC who purchased the debt from First Bank of Delaware. The debit is around 1K. My husband is unaware of any past account with First Bank of Delaware and has paid all derogatory accounts that were on his credit report; then this company sent a letter in the mail. He has disputed this account on numerous occasions with the credit bureaus but the response is still the same “he is responsible.” Can you recommend a good attorney in Jacksonville, FL area? Thank you

    • Michael Bovee says:

      Mickey – I sent you an email with contact to two resources in Jacksonville. Post an update with how things progress, or if you have additional questions.

  104. Hi Michael – Very glad to come across this site as I am genuinely freaked out about possible suit against from CACH, LLC. I have debt with GE Money that I had been trying to resolve with them directly up until January ’13, with no success. Issue was that amount due was not matching up to payments I had made. I asked GE Money to provide detailed payment history and never received anything. I stopped paying them in January 2013, and promptly received harassing calls from Richard Clark’s offices at 31 days late. I sent that office a letter per Fair Credit act that they cease calling me and correspond by mail only. I then received a letter from Lazega & Johanson in May ’13 saying they now had the debt, and I had 30 days to respond in acknowledging it, etc. I did send them a letter stating that I needed proof of sale of the debt, as well as detailed payment history as the numbers were not adding up. I indicated that I wanted to work out payments on the account, gave them a phone number and time to call. Lazega & Johanson sent a letter in July ’13 just sending me one statement from GE Money from July 2012, and copies of signatures showing that CACH did own the debt. Their letter also stated “as of the date of this letter, no judgment has been entered against you.” The letter did not satisfy my request and I never did acknowledge the debt as correct per the original letter. I never heard from them again – and I was in the process of moving to Michigan in July/ August. I just received a post card from Forsyth County in GA that they are attempting to serve me in a civil matter but I do not live at the address. I called Forsyth today and let them know I have moved – they did not even ask me for my new address in Michigan even though I offered.

    Should I call Lazega & Johanson and attempt to work it through with them, or are we beyond that and I have to work with an attorney. I don’t have the money to pay the total amount but am willing to work out payments.

    Thank you very much for your time and assistance!

    • Michael Bovee says:

      Hillary – I would encourage you to work this out by calling the attorney Cach LLC has placed the debt with. It is often better to negotiate and resolve a situation like this prior the collection reaching the court stage, at least for the most affordable amount.

      I would keep to your position that you had disputed the billing with GE Money, but that they never answered your dispute. You do not agree with the amounts stated as owed then or now, but have always been willing to resolve this.

      What is the approximate balance of the debt today?
      What amount can you pool together on short notice? Can you come up with 50%?

  105. with Cache LLC
    We were served papers stating that the case had been filed and we owe 14000
    We can’t afford a lawyer and filed an answer as required within30 days admitting tbt since our intent was always to pay it o
    Now we are not sure what to do after reading all of this information. aWhat are our options our ?
    We live in the Greenville Spartanburg area of south Carolina

    • Michael Bovee says:

      sha – I want to be sure I understand your comment before offering feedback. You were sued by Cach and filed a response with the court admitting to the debt. Is that correct?

  106. Just thought people need to know. Your alleged debt that the bank says you owe is not real important to the bank because they sell it off real easy. How much??? CACH buys these alleged debts for 4 cents on the dollar. If you have a alleged debt for $1000 that means CACH bought it for $40 if you have a alleged debt for $10000 they have $400 dollars in it. That’s why one of my questions in discovery is………..How much does CACH have in the alleged debt? They NEVER answer they always denied it. But it looks good on court record.

  107. Here is another one Michael.

    “Guys-this was one was settled for a 20% deal last November. It never got effectuated and CACH then sued and apparently you guys have been in discovery mode….I just settled with CACH now for a full dismissal, trade line deletion, and no 1099. They will have their local firm dismiss the case with prejudice now. It was a HSBC/Beneficial account. Balance is about 13k with their fees and costs.”

  108. Michael:

    I am very glad I came across this site. I too, have received papers from an Attorney on behalf of CACH, LLC. I would greatly appreciate any assistance in this situation, because I’m not sure where to start or where to go from here.

    My situation:
    First, I want to mention that my plan to is pay off this debt. I would like to pay it off as soon as possible and as easily as possible.
    The paperwork states that a “Lawsuit has been filed against you”. And, “you are hereby Summoned and required to serve upon the Plaintiff… a copy of an Answer to the Complaint within 28 days…”
    - As mentioned above, I want to settle this and plan to make a payment
    - The amount is $3,694.47
    - Post Judgment Interest at the rate of 3.0%
    - CACH LLC purchased the debt from GE MONEY BANK

    What is my first step?
    Who do I contact to work on a settlement amount – the Plaintiff’s Attorney or the Plaintiff (CACH LLC)?
    – Do I even do this right now, or should I take other steps first?
    In your opinion, what would be a reasonable lump settle amount for this to be ended?
    – As most people, I honestly cannot afford much. I’m thinking $1,200 is the MOST I could offer as a lump sum, but would they go for this? And would they see this as a settlement, or would I have to pay monthly as well? ( I am trying to avoid monthly payments).

    Thanks in advance for any feedback you can provide!

    • Michael Bovee says:

      DNich – You would want to contact the attorney for Cach in order to discuss the options for settling. Successfully settling for the target you have in mind may have been best accomplished prior to being sued (still a little low of an offer). If you want to increase your odds of succeeding with settling for that type of savings, it often is better to first file an answer to the complaint with a defensive position.

      50% would be a more realistic target amount to settle for.

      Calling the attorney to feel out the willingness to settle might be worth the effort. They are there to collect, and many take an aggressive position when doing so. Realize they are there to a do a job, even if you talk with someone who has a more conversational approach. If it were me, I would approach this with something like – “I receive the lawsuit you filed and am considering all of my options. One of which is hiring an attorney to defend this. But that has a cost. I would consider a lump settlement payment as an alternative cost to resolving this”. Just keep the conversation brief, and do not go into any details, admit the debt, etc.

      You should be prepared to defend this, and may be able to do so with the help of an experienced debt defense attorney for about the same cost as settling it.

      Post an update with what you experience and lets go from there.

      If you want to consult with the type of attorney I referenced, send me an email with the name of a nearby larger city (same email you get these comment notifications from). I will reply with contact info to some.

  109. Hi, I was sued by CACH, LLC for credit I owed on a car repair. I went alone in court. maybe not a smart thing to do, but I did. CACH, LLC brought the loan through another company and then I was later sued. Since I said I owed the debit and was I told to call CACH, LLC to setup a repayment plan. I told them I was unemployed but I still wanted to setup a $20 a month payment until I got back on my feet. They told me that I needed a down payment of $308. $75 a month after that. If I didn’t come up with the amount i was going back to court and be in default. I was welling to start somewhere and $20 a month is all I could scrape up from our budge and send them but again I would be back in court even if I paid that. Our monthly bills are high and my wife is the only one working. We just don’t have the money I owe and another court cost would kill me. CACH, LLC wanted a bank account in this case a check and it would take it out as debit each month. First of all the bank account is my wives name and she added me on her account. All of her income go in there. Not mine. Can they freeze that account with her name on it as well?

    • Michael Bovee says:

      Tom – While I cannot offer feedback that you can wholly rely on, and I encourage you to contact an experienced debt defense attorney, or low income legal aid office in your state, to get a definitive answer – Your being associated with the account does place funds deposited there at risk of a bank levy. If it were me, I would get removed from the account.

      As far as being asked back to court to show you are unable to pay, that may happen more than once, and is an inconvenience to you. But that is how this particular collection attorney rolls apparently. Who is the collection firm Cach LLC is working with on this?

  110. Michael,

    Thanks for running this forum. I have a judgement from 2008 brought by CACH (Primary Financial Services) for roughly $4600 of an old credit card I defaulted on (BOA) after a layoff. I do not have the original paperwork, just the judgement number on my CR. I have a question:

    1. I am cleaning up my credit and am in position to pay the full amount today. If I pay the full amount now will this result in a better result on my credit report/score, as opposed to ‘settling’ for less than I owe? I.e. Is the info they then provide to EXP/TU/EQ the same either way?

    Does this outfit have a good reputation for removing this info in a timely fashion, or should I pay this off thru a credit counselor to hound them into doing so immediately? I’m not in a hurry for a loan, refi, or anything…just want it to be gone.

    Thanks!

    • Michael Bovee says:

      Gerv – You would not likely see any additional benefit from paying the Cach LLC judgment in full versus negotiating and settling the balance for less. Either way, the judgment needs to be updated as satisfied in the court record. Once that happens, court record data miners are the ones that send this kind of info to Experian, TransUnion and Equifax. You can expedite that, or get the credit reports corrected through your own efforts – if the updates do not show up within a couple months.

      Cach LLC, nor the collection attorney they used, can remove the judgment from the court record. They have no control over that. Hiring a credit counseling agency for the credit reporting concern would not serve a purpose. There are instances like yours where working with someone to negotiate the lower balance pay off can make sense, but the fees for the service should be weighed with doing this yourself. You can learn more about settling judgments here.

  111. Hi Michael:

    First I would like to thank you for answering all these scary Cache llc questions and making my day a little better after being served a summons at my home. I have been wrought with despair and anxiety all day, I’ve never been sued, never been in any situation like this at all. So thank you for this thread and information.

    I’ve been served a summons today from plaintiff Cache LLC represented by Neuheisel Law Firm.
    I understand I have exactly 30 calendar days to respond, otherwise the court may decide against me.
    My original creditor was GE money bank with a debt of $1,630.76
    The account charged off due to job loss
    As a result of the job loss, I’ve moved cities for a part-time job and decided to go back to school full time with a goal of finishing a BA in Nursing. So, once again, I am roughing it as a paycheck to paycheck student.
    I want to figure out the best way to handle this situation also would want to avoid having my wages garnished or a bank levy. (even if there wouldn’t be much, its all i have)
    If you could shoot me an email with an experienced attorney near me? El Centro, CA.

    • Michael Bovee says:

      Julie – Glad to know this page helped settle the nerves! I sent you an email with contact info to an experienced attorney. While you can often consult with a consumer law attorney for no initial cost (including the one I sent you), there will be a cost associated with retaining one. With the balance on this debt being this low, it may not make economic sense to retain one. I would also encourage you to connect with a low income legal aid office, or perhaps a legal clinic run by a professor at your school, or a neighboring one.

  112. Hello I have been sued by CACH lilac and already went to court. I did a consent to judgement. I have been making a payment of what I can. I am planning on filing for bankruptcy in Feb and wanted to know what actions can they take from now til then even though I’m making a payment every month as the judge stated. And should I look for a bankruptcy attorney as of now or when I have funds.

    • Michael Bovee says:

      Brenda – You should run this scenario by a bankruptcy attorney. And yes, you should speak with one now, whether you hire that one in February or not. You are about 2 months from filing and there are things you could be doing until then. You can call 877-278-8117 to talk with a bankruptcy professional.

  113. I have had trouble with debt since my divorce last year and am now trying to make restitution on my accounts. I received a letter from Nuhiesel law firm in reference to Cach LLC, for a $1100 G.E Money account. I was dealing with some other stuff so just now tried to deal with it even though the letter was dated the first of November. This was the first I heard the account had been sold to them. They started to call, so I stepped up and talked to someone. I offered to begin making small payments, but they got nasty and said they had already pulled an assets review on me. Before my husband divorced me, we purchased vehicles when we were both doing well financially. They got nasty about that, told me I needed to try and borrow the money to pay it off, or put down a large amount, and make high payments. They are not the only ones I am dealing with, just the nastiest. I recently signed up with National Debt Relief to try and get these debts resolved and settled. My credit is already shot, but I am worried about being sued by Cach because I have heard they have a reputation for doing that. I live in Texas, and am a single mom. Any advice?

    • Michael Bovee says:

      Melissa – I do have some feedback to offer, but want to be sure I am taking everything into account, not just the issue with Cach LLC and Nuhiesel.

      What are the other debts you have outstanding (balances, who collecting on them today)?
      What amount of money are you setting aside each month with National Debt Relief in order to settle these debts?
      Do you have access to a lump sum of money today in order to settle one or more accounts?
      Did National Debt Relief indicate they would place the account the Nuhiessel attorney is collecting on as the first priority, or identify a different account(s) as priority? If different, which?

      Post those answers and I can offer some detailed feedback.

      • I am making payments of 400 to National Debt. I owe 9000 on a One Main Financial loan my ex and I took out a few years ago to pay taxes. I owe about 900 in medical bills. I have a Capital One balance of 672. I also have a loan through Plain Green it was for 2000. I went through a really bad time….the divorce and all. There is no lump sum anywhere, presently. I am hoping for income tax refund but cannot count on it being sizable. National Debt has said they will deal with the most aggressive creditors first. But….I have just just signed up with them and am scared about Cach.

        • Michael Bovee says:

          Thanks Melissa. With total debts of 13k, and the ability to set aside 400 a month, you are in good shape to resolve all of this in roughly a years time. But my estimate does not factor in the fees that National Debt Relief will be charging you.

          If it were me in your shoes, and with the limited information I have to go on, I would go about this a little differently.

          Saving up 400 a month on my own, I would try to settle the Cach LLC account with the attorney within a week or so of having the second month of 400 saved (total of 800). You may settle for lower/higher but would be prepared at that point even if you had to make a second payment on a deal in the 3rd month. The issue here is buying time before being sued in the next 60 days, which I think has high odds. Sending a written request to the attorney for Cach LLC that the debt be validated could by you anywhere from a couple weeks to a couple months (or more). If you were sued, there are several experienced debt defense attorneys in Texas I can give you contact info for who could assist you with buying more time to save up to resolve the debt. The issue here, however, is cost. You would have to retain the attorney, and the fees often will not make much sense on lower balances like the one with Cach.

          Once Cach LLC is out of the way, or stalled out, I would still be saving 400 a month. I would look to settle off the remaining debts over the course of the next 10 to 12 months, so a total of roughly 12 to 15 months to be through all of this. If sued on the One Main account balance, it would make a great deal of sense to work with a debt defense attorney to buy the time you need to resolve that one. You may find by working with an experienced debt defense attorney that you can often successfully defend against debt collection lawsuits.

          Signing up with any debt settlement company like National Debt Relief adds time and costs that can often be avoided by most people. The fees they charge for settling debt (something you can do on your own, and often equally as well), can add a year or more to your getting to the other side of all this. How much are the fees being charged?

          Depending on the size of your tax refund, you could be through this quicker.

  114. I live near Champaign Illinois and I have had a lawyers office constantly calling me about a debt but there has been no letters, statements or anything that has shown me this is the case with them. I believe its a Cach attorney calling me cause I did have a debt that I have missed some payments on with a creditor that says they turned it over to a company called CACH. They gave me a phone number for CACH but when I called it, its no longer in use. I called the creditor back and they told me thats the number to call. Well now I’m worried that a CACH attorney is involved so I’m currently looking for an attorney in this area that has dealt with them so I know how to proceed. I have not called this attorney, that I believe is from CACH, back because I do not want to say anything that they can use against me in court.

    • Michael Bovee says:

      Jim – I sent you contact info to several experienced debt collection defense attorneys. They are some ways from you, but distance in not necessarily an issue in these circumstances.

  115. Michael,
    One of my employees was sued by CACH on 9/17/13 she did not answer the suit. Yesterday she received a motion for default from Seminole County Florida with a cover letter from a law firm FEDERATEDLAWGROUP, PLLC. out of Juno Beach Fl. It’s asking her to fill out a Fact Information Sheet.
    This is an hourly employee who lives week to week. The original creditor was BOA for a credit card. I believe the original amount is 11K.
    Can you please give me a little direction I can pass along to her?
    Thank you!

    • Michael Bovee says:

      Mary Ann – Your employee should contact a consumer law attorney with debt defense experience right away in order to see what, if anything, can be done to engage the lawsuit in the courts this late in the process. I sent you an email with contact details to 2 attorneys in the Orlando Florida area. Initial consults are usually provided at no cost.

      If the judgment is entered and sticks, Florida at least has some of the stronger consumer protections for post judgment collections. But her bank account is at risk from a levy.

      You mentioned being aware that your employee is just getting by week to week, which is not a great indicator that settling with the Cach LLC attorney for less than the balance is an option. But if there are resources to tap in order to fund a lump sum settlement once negotiated, that is another direction to take.

      First things first though, and that’s talking with an attorney. If there are maneuvers that can be made with the court in order to still defend against the suit, that option, even though best pursued by retaining an attorney, can often prove the least costly to your employee over all (other than discharging this and other debts in a chapter 7 bankruptcy).

      You are pretty cool doing this research for your employee. It would be great if you posted updates with how things progress. And of course, post at will for additional feedback.

      • Can I get a contact info for attorney in Ft Laud or Miami area for cach lawsuits? Thank you

        • Michael Bovee says:

          Maria – I sent you contact info to a couple of debt collection defense attorneys who are likely already familiar with the attorneys collecting for Cach LLC. Please consider posting updates with how you progress. This page has over 400 comments now, and very little updates from people trying to deal with Cach collections (in or out of court). Later readers will benefit if they can see how things are turning out for others, and what types of decisions people lean towards for their solution.

  116. Can you please reference a few debt collection defense attorneys in the San Diego, CA area please? Thank you in advance!

  117. Kathy Bradley says:

    I just received an advertisement from a debt attorney indicating if I hadn’t been served I would be soon, I did a quick Brevard County, FL clerk search and sure enough CACH filed on 12/16. I have a bit of an odd situation. Divorced in 2007, only mutual credit card was a 10k from Wells Fargo, since I had to “buy” him about of part of the house I wanted to protect my good credit and the divorce states he is responsible for the Wells Fargo, but the payments I would make to him towards the “buy out” I could apply to Wells Fargo. I made monthly payment to hime, via the card so he wouldn’t screw my credit up. In 2012 he filed bankruptcy, 2 days after he filed Wells Fargo sold the debt ( 3k balance and mind you NEVER LATE payment and in GOOD STANDING), per the divorce he is responsible, but his bankruptcy was discharged last year. This debt has been sold 3 times and I guess now CACH is coming after me. I feel Well Fargo had no right to sell off an account in good standing, and I thought that once bankruptcy had been filed a creditor couldn’t do “anything” until the suite was settled. I feel like CACH bought “bad” debt. I am sick over this as I thought I was very wise when the divorce was settled, making every effort to maintain good credit. I never foresaw the ex filing bankruptcy. Any advise is helpful. I could have paid off the 3k from but the other credit collectors wouldn’t take monthly payments. ON principle I have been irate with Wells Fargo, and considered taking them to court for selling of a perfectly good account but would have spent way more than 3k that I dont have. Per the divorce I was no longer responsible for this account, and had wells fargo just left the dang account alone they would have gotten there money and all this would be moot~ HELP~

    • Michael Bovee says:

      Kathy – I am not at all sure why Wells Fargo sold off the debt when you were making the payments. But you are probably right that your ex-husband’s bankruptcy filing triggered this.

      Unfortunately, you are on the hook for joint debts, regardless of the divorce decree.

      Fortunately, a single collection item will not dramatically impair your credit report or credit score if you have many other positive items reporting.

      What is your goal with this account?
      Are you able to pool together enough money to settle?
      Are you geared to defend a collection lawsuit from Cach LLC?

      • Kathy Bradley says:

        Michael,

        What is your goal with this account? Well my ideal goal would be for my ex to be responsible.
        Are you able to pool together enough money to settle? I could settle if it meant horrible outcome for me…remember that there is a part of me that is very “principled”, as it is no longer my debt, and I didnt do anything wrong. IN fact I took measures to try NOT to get bad credit.
        Are you geared to defend a collection lawsuit from Cach LLC? Not sure what “geared” means..i.e. financially fit? Should I consult with an atty to see if I have ANY defense? Counter sue Wells Fargo? And why does my legal divorce not supersede the joint credit card?

        Should my ex go back to his bankruptcy atty to see if they can do anything, he said he would help how ever he can,

        • Michael Bovee says:

          Kathy – Unfortunately, the divorce court does not typically get to go in and rewrite, or undo, financial contracts entered into when married. If all goes well with divvying of debts in the divorce decree, it does not matter. I do wish things would have gone differently with Wells Fargo, as you were in a position to avoid all of this.

          When you are dealing with a debt buyer like Cach LLC suing to collect, there are often several ways to defend against it. Sometimes the goal is to defend to dismissal, while others are more about putting up an initial defense with the goal of negotiating the most affordable settlement. Even though you have not been served yet, I would suggest you start building your awareness about responding to the suit, and beyond, by talking with an experienced debt defense attorney. I can locate a few with the experience you need in your area of Florida and email you contact details if you like?

          Your ex can help cover the cost of an attorney you may use to help defend against Cach, or can help fund the settlement that gets negotiated, but I cannot think of anything that will be gained by him through his recent bankruptcy.

          • I was served on 12/24, and have spoken to a few attorneys. My divorce atty suggested reopening my divorce and suing my ex for “contempt of court” since he didn’t take care of his responsibilities. While I could do that it still doesn’t remedy the pending law suite from Cach. I decoded to retain a 20 year veterin (non-attorney) who was previously a senior sales rep for the 3rd largest debt collection agency, who has now turned his attention to helping folks like me fight folks like CACH. We are challenging CACH to prove it is my account. I doubt they would have received from Wells Fargo my application with signature from 15 yrs ago. We are also challenging the 3k to trans union from Wells fargo. HE suspects that wells fargo will say I have a $0 balance, and thus be hard for CACH to proceed. he says he has a 85% rate for them dropping the case, and in the event they don’t we will be able to negotiate a VERY LOW payoff. Most companies buy out debt at .07 on the dollar. His experience is when you show you know the laws and know what your doing, they drop it and focus on those that don;t know their rights. We shall see and I will let you know. His site is credit-resolution-advisors. I did the best research I could, before signing a contract.

            • by the way, the day I was served, two hours later CACH called me offering a settlement at $2,186 (org. was 3K). I was carefull to NEVER say I OWed the money.and told them I would tell my ex-since it is his debt :) and see if HE would liek to settle.

            • Michael Bovee says:

              Kathy – You are right about the divorce decree being of little use. And you should consider the cost of reopening and holding your ex-husband to account.

              Depending on how much Credit Resolution Services is charging you, it may have been just as, or more affordable, to hire an experienced consumer law attorney.

              Wells Fargo sold the debt. They should already be reporting a zero balance owed to them on your credit report. That will have nothing to do with Cach LLC, or your law suit, and makes nothing difficult to proceed. That being the case, I am a tad skeptical of Credit Resolution Services.

            • You are absolutely right Kathy! Make them show how they are damaged. If they cannot show damage then they cannot collect. That’s how I won two cases against CACH.

              • Anthony,

                What do you mean by “damaged”?

                • Kathy sorry about getting back to you so late. What I mean by damages is make CACH show how they will be damaged if you do not pay them. Make them show how they bought the debt and how much they have in it. Very important make them show you the original contract you signed not a copy. 99% of the time all they have is a copy. A copy does not cut it…..they have to have the original. The reason for this is the original lender as already sold the contract to someone else NOT CACHS and has already been paid. Step two… make CACH show the original lender was the party that funded the loan and where the money come from to fund it, along with bank account used to fund the alleged loan for them to get ownership of the loan. This they cannot do because in truth they have no money in it. This is how I won both suits with CACH they dropped both of them one was 11k and the other was 13k.

                  • Not sure if you are still available Tony, but I would like to get your advice if possible. Received a summons from Mandarich Law Group representing CACH LLC. Need to know soon how to move forward and would love to get this dismissed. I am in Washington State.

  118. Hi Michael,

    Sorry for the duplicate request, I don’t see the request that I posted lastnight. I was served summons by Cach LLC, they are demanding around 7k in old debt that I had with B of A. I stopped making payments in 2009 when I was laid off while 8 months pregnant, and then was unable to find a job for a year and a half. When I was able to finally find work, the pay was substantially lower. I had to miss payments on my house and then modify the loan, which hurt my credit more. I’m being sued through Mandarich Law Group in southern California but I live in Sacramento. I’ve received several calls from them but haven’t spoken to them at all. I would like to try and fight the case, if not at least settle…but I feel like I should talk to a professional first before I decide. I was served almost 3 weeks ago and the notice says that I have 30 days from the day I was served to file a written notice with the court. Please give me your insight on what I should do. Can you recommend an attorney in the Sacramento area? Thank you so much for this site.

    Charlene

    • Michael Bovee says:

      Charlie – Thanks for the additional details in this 2nd post. Do give Jeremy a call and an email right away (the attorney I sent contact info for).

  119. Hi there, the best things to do is having passport from other country, and dual citizenship like my wife and I .Here what happened;
    I took around $140K in student loans while in University, Plus $370K in credit-cards (that amount was between my wife and I credit-cards), bank loans $190K. And just went to other country, and brought 5 Apartments close to the beach and 01 house(5 bedrooms, 2 suits,pool,3 floor house) which I live with my family. I rent all the 5 Apt. and no need to work. Besides still have 50K dollars as a savings.

    I forgot to tell we also had 70K in Lower store, 50K in Home-depot,15K Best Buy, 25K in Walmart in which we used all the credit available and brought all new furnish and bedrooms, new kitchen appliances, we even brought our pets which us, and rented the container put everything on it and BYE…BYE…USA. NO REGRETS AND NEVER TO COME BACK

    My credit score was 800 so the my wife´s, but after graduated in University no jobs for me, (actually because of my dark skin), and before ours credit scores went lower because of no payments as a consequence of no jobs,we decide to take everything and GO.

    Butway I drained all the money from ours credit-cards by open a company and sign with the APP to charge services from credit-cards, it took me 4 months but got all the money

    IT WAS THE BEST CHOICE IN OUR LIFE EVER!!! We have no regrets , no one can come to charge us with anything because in this country where we live doesn’t have that international agreement, so no one can catch us here.

    In reality we really don’t need to come back to US, our parents are from other country and we (my wife and I) have dual citizenship,and all our family releted are here, also we are speaking 3 languages.

    When I reading all that things that the big companies does with people and rip them off with permission of justice to do so. I say US wasn’t made for immigrants or poor people, but just for white and rich.

    I really don´t care what any one say or things about me. I just care that, we live a lot better than 70 or 80% of american people, because we use the system as they from the collections companies does.

    In the bottom line my beer is cold, my kids having a future we trip to Europe and in 2014 we will go to World Cup. I never had much peace and no financial worries in my life. I know that can be crazy, but I strong recommend if you have a dual citizenship and you really don’t care about US that is the best things to so.

    All the comments you guys can say whatever. But I know for sure that no one can catch me, jail not even in the dreams, because I do not plan come back to US. What the americans forgot is doesn´t have only US country in the world, actually exist better countries in the world than US. I´m really thank full to US in my early retirement with 35 years old, now we just enjoy the life and reading how US lays are stupid and no sense companies taking money those work class.

    • Michael Bovee says:

      Asios – Thank you for sharing your comment. It is not all that productive for the purposes of a site like this one, so I paused to think about whether I should approve it. Ultimately, I think I will be able to point to your comment in future articles and comment replies that relate to how large the individual morality scale is, and also to speak to how debt and credit are just numbers at the core.

      • And about the companies morally scale?! to overcharge people, use the system to their benefits and many lies to get people in needs and in debit. Because in reality no one really get in the debits for fun.

        Here the reality. I got some debits,but always have the way out or if you case it is too much. Better fresh start in the life them trying to pay those sharks.

        Can a Creditor Sue You When You’re Out of the Country?

        There are all kinds of problems with a company suing you while you are out of the country. In some cases, depending on the loan agreement and local laws, the process server might have to serve you in the county where the contract was signed. In some cases, a the loan agreement might specify in which state legal arguments and court cases must be settled.
        One issue trumps all others. Technically, it’s illegal for a creditor to sue you in a county or state in which you do not currently reside. Why is this illegal? In most cases, a state court rules state the creditor must sue in the county and/state of the Defendant’s current residence.

        What if a Creditor Sues Me Even Though It’s Illegal?

        Even though it may be illegal for a creditor to sue you while you’re out of the country, it doesn’t mean it won’t happen. If a lawsuit goes uncontested, even if it shouldn’t have been filed in the first place, the creditor can win and get a judgment entered against you.
        If a creditor sues you where you no longer live and wins the case, you can appeal the judgment based on this fact. The gotcha here: most court rules only allow you to appeal or vacate a judgment within a certain time after the judgment is granted.
        If you know you have unpaid debts and/or defaulted debts, and you plan to return to the U.S., it would be worth your while to keep tabs on what is happening with those debts. You don’t want to come home to the hassle of dealing with a judgment, even if it was technically granted illegally.

        Thank you Michael Bovee in left my comments, but ethical or not, it is one way out of debits. I know many people can’t do what I have done, but many others can, and can benefit with that information.

        • Michael Bovee says:

          Assios – I do not judge people for how and why they got into debt. Most do that for themselves, and many to the point of making completely irrational decisions that cause future financial damage – all in the name of keeping a good credit score (that is of no use when over indebted these days), or out of some sense of moral/ethical obligation (to debt slavery in too many instances). Debt and credit, and money in general, is just a means to move and exchange goods and services. Debt is pulled forward demand. Unpaid debt is pulled forward demand gone wrong, and it is built into the system. You played that system. No… not much judging coming from me. This site is more about weighing the realities and steps to debt relief as each person is looking at, and implementing available options.

          Getting sued without proper service, or in the wrong county/state, has indeed occurred overly much. But that has been happening less and less over the last couple years. And will likely be an extreme exception in the very near future as a result of operational and regulatory changes in the collection industries expected later this year.

  120. Can you provide me with attorney referral in Sacramento Ca area to defend against CACH?
    Thank you

    • Michael Bovee says:

      Mark – I sent you an email with contact details to the type of attorney you should consult with. It would be great if you posted comment updates with how you progress so that others can learn from your experiences.

  121. I received solicitations from two law firms here in Houston letting me know I am being sued by CACH LLC. I have a feeling it’s about a debt with BoA. I originated a line of credit with MBNA which was later bought out by BoA. I was paying the line as required when I lost my job. Fortunately, I was able to negotiate with every creditor except BoA. They wouldn’t lower the monthly payment but would reduce the interest, go figure. Anyway, I paid what I could to BoA which of course wasn’t enough so it went to collections and then charged off in 2009. I haven’t received any summons from the local law firm but think I should hire an attorney. Can you refer me to one in Katy, Texas?

    • Michael Bovee says:

      Sue – I sent you an email with contact info to 3 experienced attorneys near you. Talk with one or more.

      With 4 plus years since a payment has been made, the account may be passed the SOL in Texas to be legitimately sued for collection.

    • I pulled all of my bank statements, the last payment to BoA was on February 1, 2010, it overdrafted my account and they refunded me the overdraft fee. On March 1, 2010 they were paid again and refunded the entire amount on March 10,2010. Even though I was unemployed, I was paying them.

      Thank you.

  122. Dear Michael
    I am been sue by Cach LLC as well. My situation is very similar as Dee. This is freaking me out……. And i actually got a letter from court Cach LLC vs Me . Could you please help provide me attorney in Lubbock Tx that can help me out. Thank you.

    • Michael Bovee says:

      Lisa – I sent you an email with contact points for several experienced attorneys. Closest I was able to locate are in Ft Worth and Dallas areas. Distance is not always a concern in these types of cases. If it is, ask one of those attorneys if they have a referral to someone as experienced as they are, but that is not hours away from you.

  123. Michael,

    I have not been sued by anyone yet, but have had debt collectors from CACI calling me and the rest of my family about a debt that I owe to GE Capital that was sold to CACI. On my credit report there is an account in collections with CACH LLC being the account name. The biggest question I have is that this debt was for heavy equipment that I used for a business that I started that is no longer open. I voluntary turned in the equipment to GE and they stated that it would be sold at auction and that they would get back to me on the remaining balance, they never did. The next thing that I know I am getting call from CACI stating that they have bought the debt from GE, I requested that they provide prof and they did the original amount of debt. I asked about the selling of the equipment that was suppose to be credited to the account, they had no idea on any of this. After doing my own research GE sold the debt before the auction and to my knowledge they did not give CACI any credit for the equipment. Every time they have called or emailed I have asked for the documentation of the sale of the equipment, they keep changing the subject to this day they have not provided the documentation. Can they come after me for the full amount left on the loan even when the equipment has been sold at auction but not applied to the loan. Also if I hire an attorney and he request a exploratory of the case and CACI can not provide any documentation on the auction of the equipment could the case be dismissed out of court and what should I do now.

    • Michael Bovee says:

      Chris – They can sue. You can often defend against that lawsuit effectively. You certainly can seek out any and all information from Cach LLC during the discovery phase about how they arrive at a balance owed that, as you pointed out, could not be accurate unless the equipment was never auctioned (possible I suppose, but not likely).

      You could continue to sleuth this out to determine the amount owed after auction credits, or simply settle with Cach for less by negotiating a pay off amount much lower than what can be estimated was received at auction.

      You can also wait this out and deal with any collection lawsuit should one be filed. I highly recommend working with your own experienced collection defense attorney in most instances like this (where I know people are working against an obstinate collection apparatus – Cach LLC qualifies as that in my mind).

      What would you like to do at this point?
      What is your goal with this account?

      • Michael,

        The equipment was sold at auction, I also know who bought it. caci does not want to give me any credit for it. I do not know what it sold for neither does caci and GE is refusing to turn over any information to caci or me on the sale of the equipment. The point that I made to caci is if you are offering me a 63% savings now, why would you not apply the credit from the auction and then offer a 63% on the new lower total.
        Also what should I do about caci harassing my family and giving out information on case.

        Thanks Chris.

        • Michael Bovee says:

          Chris – Well, there are obviously some things amiss. You could look to get GE to take you seriously by filing a complaint with the CFPB, taking care to outline the chronology of all events, including the equipment sale without crediting the debt sale balance. GE should have one or more employees assigned to the CFPB complaint portal. You could expect a response within a couple weeks I should think. Here is the complaint page: http://www.consumerfinance.gov/complaint/

          As far as Cach LLC calling family members and disclosing that they are attempting to collect a debt (if that is what is happening), you should talk about this with an experienced FDCPA attorney. Initial consults are usually at no cost, and if they see violations and take your case, most do not charge you a retainer, as their fees would be covered by the other side.

          If what all transpired is exactly as simple as it all reads, GE is in a bit of a pickle, and so is the debt collector for Cach LLC.

          What is the name of a nearby larger city? I can email you contact info to attorneys with practices that focus on FDCPA issues.

  124. Dear Michael, i also am having problems with Cach of Colorado. I had tons of harassing phone call from a lawyer Kevin Shrine East Amhurst,N.Y. on their behalf. I never answered, they were filling my answering machine. Heres the problem in June i received a letter saying i needed to appear in distict court. I sent them a form letter requesting the amount owed,paperwork showing i agreed to pay what they said i owed, provide verification or copy of any judgement if applicable, identify original creditor, prove statue of limitations has not expired on this account, show that they are licened to collect in my state, provide me with your licence numbers and registered agent. I was coached. However they sent back none of these things. They did show a sears mastercard bill. A letter from someone on Missouri that last payment was on 8/8/2011, not sure if thats true or not, a billof sale agreement, no letterhead, phone numbers, not professional looking at all. I sent another letter back lawyer Shrine I asked him to reread my request as i did not received what i asked for. I extended him 30 days to comply with the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809(b) that i am disputing your claim and validation is requested. If your office fails to respond to this validation request within 30 days from the date if your receipt, all references to this account must be deleted and completely removed from my credit file and a copy of such deletion request shall be sent to me immediately. This was back early Aug. 2013. I never heard anything from them. On 12/31/2013 i got a post card calling me into district court for arbitration with Casc of Coloradollc on 1/30/2014. my friend who was helping is in the hospital and can’t ask him for help right now. I was laid off and am having big money problems. The Sears acc was opened in 1986. I really don’t believe Citibank was the bank at that time. I live Sayville NY. Is there anyone around i could maybe see for a consult, or I am I right and they have no case and are just trying to bully me? Any advise you could give me i would appreciate. Thank You.

    • Michael Bovee says:

      carol – Some of what you were asking for in your general letter requesting validation is not really stuff they have to provide in response. It is not difficult for debt collectors to meet their obligation to validate a debt upon request. Far from it. What they sent in response was probably sufficient, but talk about that, and the entire Cach LLC situation, with the attorney I just email you contact info to. He probably already has experience dealing with Cach LLC and Kevin Shrine in your district court.

  125. Hi Michael,
    I haven’t been served yet but a local attorney sent me a letter that I was sued by Cach LLC. I am leaving the USA permanently. Do I have to worry about Cach LLC gets judgement against me even though I haven’t been served? Just in case, if you know a lawyer in the Sacramento area please email me his name. Thanks.

    • Michael Bovee says:

      Joe – I have worked with people who leave the US with unpaid debts never expecting to return, so they blew off things that would have been so much easier and less expensive to handle early on, and before life happened, and they returned to the US. Not that any of that applies to you, just some perspective. I would talk over your options with the consumer law attorney whose info I just emailed to you.

  126. I live in Eau Claire, Wisconsin and I am being sued by CACH, LLC. I was not served by a process server, but merely sent a copy of a suit from my local court. The initial paperwork did not include any information other than an amount of money owed. An ammended complaint was attached where additional information was added before it was mailed to me, without my knowledge of the first filed complaint. I attended the court hearing on my own behalf. I met with a mediator of the court and the attorney for the plaintiff didn’t even have a name of an original creditor. They asked the court for a 60 day review. The next notice I recieved was a copy of a letter to the court mailed by the court asking for a 30 day out return date. I also recieved from CACH’s attorneys copies of a supposed “Bill of Sale” for an unknown, non-specific, non-individual, invisible amount for a non-specific sale. The “Bill of Sale” was robo-copied on separate sheets bearing different signatures of supposed representative of different GE Money Bank Companies. Also included was a Affidavit of Sale perportedly signed by Collections Operations Representative named William G. Dunkel Jr and notorized by a notary in Minnesota. All of the pertinent information appears to be cut and pasted in. Also included were 2 monthly statements from 4/2011 and 10/2011 from a JCPenny credit card account in my name; the second of which showed a chargeoff balance and an interest charge added of nearly $500. CACH is being represented by Rausch, Sturm, Israel, Enerson & Hornik, LLC Attorneys At Law. I’m not sure what to do at this point. I am permanently disabled and have been since 2006 and began receiving Social Security Disability in 2010. I have applied for judicare and been accepted. Can you recommend an attorney near Eau Claire, WI who could represent me and is familiar with CACH, LLC. Thank you for your time.

    • Michael Bovee says:

      Judith – I sent you an email with contact info to an attorney in the Minneapolis area. They are licensed in Minnesota and Wisconsin and are closer to you than the next closest I found in Oshkosh. Distance does not always become an issue in cases like these.

  127. Hello there
    I live in St.Louis, MO and I have recently been receiving letters about me being sued by CACH LLC from bankruptcy lawyers in my area( four in one week). I haven’t been served any papers though. I know the origin of the debt. It is from Bank of America. I don’t want to file for bankruptcy because the amount owed is low. What options do I have? Can I settle directly with CACH LLC or hire a lawyer? The debt is $1,271. Which I feel that I can pay off through monthly payments.

    • Michael Bovee says:

      Alyssa – You can call the collection lawyer Cach LLC sent your BofA debt to and settle, or set up payments. You can also hire your own attorney, but the cost of hiring your own attorney could be higher than just paying the old debt.

      Can you come up with a lump sum to settle this in one payment rather than making monthly payments?

      • Unfortunately, I wouldn’t be able to settle this in one payment.
        So making the effort to contact CACH LLC directly is best? I definitely don’t want them to start garnishing my wages.

        • Michael Bovee says:

          Yes, contacting the collector, or the attorney they have the debt with, is how you would set up a payment arrangement. You won’t likely be settling for a lower pay off with Cach in this situation. You could buy time to save up the money to offer in a settlement if you waited until you were served and defended the suit. I have seen files delayed many months with this strategy, and it helps avoid a stipulation or consent to judgment.

          • So I was served papers today. At this point can I still contact them directly? What are my options? If I appear in court, what is usually the outcome?

            Thank you for your help.

            • Michael Bovee says:

              Alyssa – You can still contact the attorney and settle with Cach. I would still encourage you to run your whole scenario by an experienced collection defense attorney. I can help you locate one if you like. You can also gear yourself up to file an answer and defend the suit in order to buy time to settle, or perhaps even prevail. I cannot possibly prepare you for the type of time commitment that will involve, as every situation is different. If you just want to set up payments, you may end up agreeing to a stipulation or consent to judgment with the Cach attorney. Who is the attorney or law firm suing you for Cach LLC?

              I cannot really answer your question about the outcome in court. Just showing up without a plan will probably end with a judgment and payment plan, or a settlement if you can swing it.

  128. Good Afternoon. I was served a few days ago by Arapahoe County Court in Littleton, Colorado. I want to pay with my tax return; however, everything I have read about Cach and their attorneys states that if I pay them, I will just wind up owing it to somebody else all over again. Who do you trust in this area? I see that you have been very helpful to many people on this board. Any help you can provide would be greatly appreciated. By the way, the amount “owed” is nearly twice the original balance.

    • Michael Bovee says:

      Daniel – First things first is to not put too much stock into something you read about Cach LLC getting paid, or settling a debt with them, only to have someone else sue for the debt later, or try to collect on it. That kind of thing may have happened in rare circumstances, but would have largely been mistakes, and can be quickly corrected if or when they occur, and much more simply today than even 12 months ago.

      If you want to settle a debt with Cach LLC, you can, just get everything documented before you remit any form of payment. Is that your goal?

      I am not sure what you are asking for/about as far as who I trust. If you expand on what you are asking I can better reply.

      • Thank you for your prompt reply. I really do want to resolve this. I deliberately have my employer take too much taxes out of my check so that I do not owe at the end of the year. This year’s return will just barely pay the amount they say they are entitled too. Attached to the court documentation was a letter asking if I want to settle the debt. I just thought I might need the assistance of a Collection Defense Attorney to make sure I actually am paying off the debt. If you have anyone here that you recommend that I speak with, I will. If you think there truly is no harm in calling up the attorney that is suing me, then I can do that too. I just don’t want this thing following me around. Also, I may be leaving the state soon, and I don’t want to have to return here to court or give the appearance that I am running away from this. I’m also leery because the account has been delinquent just barely one year and this is already the third collector to purchase it. Thanks again for all of your help.

        • Michael Bovee says:

          Daniel – It is odd to have a debt be sold 3 times so quickly, or at least for open collection attempts to be made from 3 buyers in that short a period. Who was the original lender? Was this for a credit card debt? Who else besides Cach LLC contacted you about collection?

          My guess is that your account was not sold 3 times, but may have been placed or assigned out for collection a couple times before landing with Cach. If I am wrong about that, I am really curious about the other buyers, and how you may have corresponded with any of them.

          You are being sued, and it is always good advice to speak with your own attorney about your options. There are far too few attorneys with practices that focus on collection defense, but if all you want is someone to review your docs, and that any agreement is what you understand it to be, no specializing is required. I will email attorney contact info to you.

  129. Hello – I just received an intent to sue letter from Mandarich on behalf of CACH. They gave me 10 days to pay or they will file suit, claiming that they have tried to contact me without success in the past. This is the first time I have recieved anything from them or heard from them.The balance they claim I owe is $17k from a Citibank account a few years ago. Will a DV letter work at this point, or should I wait until I get served and get an attorney?

    • Michael Bovee says:

      psy – Debt validation will work in that they are required to respond and meet that obligation before continuing to collect, but the bar for the Mandarich collection firm and Cach LLC to meet in order to validate is much lower then some make it out to be. You buy yourself a few weeks in all likelihood, but maybe yours is an account that takes longer to get supporting docs (prior billing statements really – depending on your state – before suing you). Is sending a debt validation request to Cach worth the cost of certified mail return receipt? Yes, at least I would consider it so for me. Would I expect anything other than a brief delay from what appears to be an inevitable lawsuit? No, and I would prepare accordingly.

      What is your goal with this account?

      • Michael – thank you for the quick reply. I pulled up my credit reports and saw that there are collections from CACH. I thought it was illegal to report a collection activity on credit reports without first validating or contacting?
        Until the letter received yesterday, there has been no contact via phone or mail regarding the account now I have a letter from Mandarich with intent to sue.

        My goal is to avoid lawsuit, and I am willing to settle the account. I live in California; can you refer me to someone who can help me deal with this?

        • Michael Bovee says:

          psy – In the context you are experiencing there is nothing illegal about Cach showing up as a collection account on your credit report before/without ever having contacted you first. Where is it you got that impression?

          You can settle this on your own if you are comfortable with the negotiations and speaking with the collection firm. You do not need to hire anyone. I understand the preference to let someone handle this that already has the experience, and if that is the goal, call in and consult with one of the specialists about that: 800-939-8357

  130. Greetings, Michael…i just ran into this website while searching up on CACH, LLC. Looked at some of the past comments on this site. Currently I have outstanding debt for 2 separate cards, totaling just under 15K…which I stopped paying about 3 years ago. CACH has both of these debts now and have sent letters. I had a legal agency send letters back on my behalf, requesting a payment plan or settlement lump sum. Neither representing law firms have offered anything; although one did send another letter about a month ago saying to contact them to work out a one time settlement. It would be great to get some kind of free consult with a debt collection defense attorney as you have suggested to others. Know any here in Hawaii? I’d like to get this debt situation handled so I can move on already. Thank you for your time and support.

    • Michael Bovee says:

      Mr B – I sent you an email with contact info to the only one I could find.

      What amount are you able to fund if settlements for both accounts were available now?

      • Thank you very much! I don’t have cash available for an immediate settlement; rather, I am finally at a point where I would be able to make monthly payments and chip away at the amounts.

        • Michael Bovee says:

          Sometimes it is better to save up and settle accounts in a single effort. I would not argue your goals though. If payments are what you are looking to set up on accounts like these, you really do not need anyone’s help to do that. It is increasingly easier to set up payments you can afford on your own.

          • Hello Michael,
            I haven’t contacted the lawyer you provided me with, since your last comment suggested I could just work it out with the collectors. So…
            I just spoke with the Scott Lowery debt collectors for one of the debts for $9,655. The guy I spoke to was surprisingly cordial and appeared to be helping find a solution for monthly payments. They are currently offering an 8 month agreement, where I pay $500 at the end of Feb and March, and then $250 the next 6 months; and then re-evaluate before the 8 months are up, in order to come to a new agreement. He said that no interest will accrue on the account. I feel this is doable for me; however, I wanted to get an agreement in writing before handing over any banking information. He said that a letter is generated once they secure my checking information for their required “check by phone” system of payments. Is this sketchy? Can I indeed get something in writing before giving out my checking account info? Fortunately, i didn’t have any checks on me, so I have a “24hr hold” and need to call the guy back tomorrow in order to secure this agreement. Thank you, for your time!

            • Michael Bovee says:

              Mr. B – The debt collector is going to be happy to hear from you and set up payments, whether within 24 hours, or next week. Arbitrary time limits are a collection tool in most instances, and not a defined line or parameter. You have time to set up a new bank account to make your payments from if you like. This is a good way to set up monthly payments and settlements if you feel at all concerned with giving out your regular checking account info to a debt collector.

              Creditors and debt collectors have different policies for how and when they send out written agreements for settlements and payment plans. I expect some uniformity to this concern by year end due to new rules from the CFPB, but for now, read through some of how you can handle the situation here. The collector is not being sketchy. There are systems that are set up with payment protocols before a letter is generated and sent.

  131. Hello: I need advice for my elderly mother. She has received a letter from CACH, LLC via the Law Offices of specific attorney on a Wal-Mart credit card debit that she has continually paid monthly on, but cannot make full payments. She only has her social security as income and can only pay $25 a month as I had to take over paying her bills. She is in bad health, almost deaf, and can barely walk with a walker. I have made sure she has paid at least $25 every time, but they have turned this over to several collection agencies and I have explained to them every month and now she gets the calls and letters from this company. They harass her daily and now me. What can I do on this matter? I know I will have to seek an attorney eventually. Thanks/JO

    • Michael Bovee says:

      Joe – I am not sure what Cach LLC hopes to achieve when they hound family members of judgment proof people on a fixed income to their graves. Before I offer feedback, I have some questions:

      What is the balance on the Wal Mart debt?
      Are there any other debts your mother has than this Wal Mart credit card now with Cach?
      What state is she in?
      Can you detail some of what you mean by daily harassment you and your mother are receiving?

      • Thank you for your response. The balance on the card (which has been destroyed and requested to be cancelled) is about $5600. They keep adding charges and fees so payment keeps going up, but my mother can only pay the $25 for now. There are no other debts with Cach other than Walmart and we live in NC. They know she is hard of hearing but keeps calling her and telling her she will have to go to court if she does not take all of her check line reserve credit and pay them $1000 now. If she cannot afford to pay the CLR how can they expect her to pay them? So they call and call but wont leave a message now on voicemail. I know with her medical bills and meds and other valid bills now she have very little to pay but she does want to pay them something so I think she can make at least the $25 payment monthly that I go pay at a local store with her bill. I know if I could pay it all I would for she does not deserve to have to be dealing with this now. Most of the charges of the card was when my step-dad was alive and they had to use it mainly for food and meds, but he passed away several years back. Now she just cannot afford the full payment Walmart wants. I guess I wanted to know if they could take away her social security check on account of this (as little as is it is already). She does not own her house anymore and has no other property. Thanks/JO

        • Michael Bovee says:

          Joe – She is probably judgment proof. Social security cannot be garnished, and with no assets, and no other income, even a court judgment would simply never get paid.

          The frequency and tone of the collection calls concern me. If you or your mother are concerned about what is being said, to whom, or how often these collection calls are coming in, let me know and I can refer you to someone in North Carolina to talk with about that.

  132. Hello Michael!
    Just like everyone else, I’m being sued by CACH LLC and their lawyer is G. Reynolds Sims out of Troy, MI. I have not seen anything good about CACH or this lawyer, so I’m getting kind of worried the more research I do. They say I owe about $7800 but roughly $6500 was charged off by 5/3 Bank. I have already sent back my response letter and have received a court date for late March. I have had since the middle of December to get my paper work and other things that I think I need together, but my wife had surgery in December and has been off work since December. She cannot walk and I have spent most of my spare time taking care of her. She will be able to return to work soon, but I’m running out of time and according to my court papers, I need to have all my exhibits ready by February 28th. I’m confused on what exhibits those would be, or even to where in the Court House to even take them. I was originally going to do this myself since I have very little disposable income, but I’m beginning to think I should get a lawyer. I did talk to one for free that deals in Bankruptcy, but he told me I should do this case myself because the court will give me more leeway than they would a lawyer representing me. Do you think that’s true? I would hate to make a mistake and lose and find out later I could have won if I had hired a lawyer.

    Can you please recommend a lawyer in my area? I live around Niles, Michigan, which is about 15 minutes north of South Bend, Indiana. It would have to be someone who could be from Indiana and work in Michigan, or just someone in Michigan.

    Thanks for keeping up with these comments. Some responses are very encouraging and I need that right now.

    Thanks,
    DanC

    • Michael Bovee says:

      Dan – I sent you an email with contact details for 2 Michigan attorneys with collection defense experience. Distance does not have to be an issue in these cases, if it were to become one, it would be for appearances, but an hours drive for an attorney is not all that bad.

      I think what the bankruptcy attorney told you may have been based on the information he had at the time, and how capable you cam off in the conversation. It is true that people have good successes defending themselves, but it is also true that it can be impossible to explain how much time and energy is going to go into that if you want to succeed vs buy time and avoid default or summary judgment while working on alternatives to resolve the debt. Depending on the person, the state, the type and amount of debt, the creditor or debt owner, it can make much more “cents”, and sense, to work with an experienced consumer law attorney.

      Please do post updates to this comment string with how things progress for you.

      • Thanks Michael!
        Would you believe that right after I read your email the Post Office dropped of some snail mail that had a big envelope from CACH LLC’s attorney’s. Inside were multiple pages, 15 or so, of things they want me to sign, people they want me to name, receipts they want me to give, known alias’s I have, etc, etc. It even says INSIDE THE ENVELOPE that I was served these papers on the 14th, when they came on the 17th and no-one served me. Just regular snail mail. Trust me, I’m not answering them (they’re fishing for info) or signing anything.

        I was not able to contact either of the lawyer names you emailed me, but I will do that first thing Monday and keep you posted.

        Thanks for the help!

        DanC

        • Michael Bovee says:

          Dan – What state are you in?

          Please do keep me posted, and be sure to connect with an attorney as soon as possible. It is likely you will want to be a participant in what is happening regardless of whether you were served at this point.

          • Michael,
            I have an appointment on Friday the 24th with one of the lawyers you referred me to. He sounded very enthusiastic about my case, however, he said it’s a problem that I am over an hour away from him. He’s willing to give me a counseling session, so that’s why I’m driving up to see him as I have no idea yet what I’m doing or what to do next.

            There is one more lawyer name you sent me that I will try if the first one doesn’t work out and since I’m going to be in the area Friday, I’ll give him a call and see if I have better luck.

            Thanks for the help!

            DanC

  133. My son was served a summons from CACH,LLC for a debt from Bank of America. We are in Miami, Fl. Please help me to find a reasonably priced lawyer to help him file his answer. The answer is due next Tuesday. He saw someone, but they wanted $1500, is that the going rate for something like this? We are running out of tiime. Please help.

    • Michael Bovee says:

      Cheryl – I sent an email with contact details for 3 different attorneys that have collection defense experience in Miami. I do not know what they charge. If the only thing the attorney you spoke with was going to do was answer the complaint than 1500 was alot-a-bit steep. If that was to cover the answer and parts of the discovery process etc., not so bad a price.

      Some consumer law attorneys will base their retainer on the amount you are being sued for, others will bill differently. Please post an update with how your son progresses.

      • Thank you so much for your prompt response. My son hired a lawyer for what I think is a good rate( $1000 made in 5 payments of $200) and they have already filed an answer. We will go from here. Thank you for your advice and the recommendations. This is an extremely helpful website. Much appreciated…

  134. Michael, ran acroos your site today. I live near Colorado Springs, and have been served by Cache. Details
    B of A credit card in California.. Original amount was about 16,000. Arrangements made to close acct and continue to pay 440.00 per month in 2009. Moved to Mississippi for work. Paid for a about a year or two and ran into tax issues. Tried to negotiate lower payments but no luck so we stopped. Debt was 12,000.
    In short we have been contacted by at least 6 or 7 collection agencies over the last three or 4 years. Gave them all the same response, if B of A would not help us , not intersted in paying a collection agency. We still have two mortgages as our house in MS has not sold. We purchaseda house here in Colorado and the debt did not even show up on our credit report. I stated negotiations to pay Cache rather than go the court route. Figured they purchased at 10 cents on the dollar. We have worked very hard to get out of debt, at I hate to pay these people as it feels like extortion. Should we keep negotiating or consult an attorney? If you have a contact near 80863 zip code . Would value your opinion. Thanks

    • Michael Bovee says:

      Terry – I would first try to keep negotiating and resolve the debt that way. If you hit a target you can live with, that might be less of an expense than hiring an experienced debt defense attorney to either negotiate a settlement for you, or to defend any suit to collect through the courts (if they do sue).

      I can send you some contact info to an experienced consumer law attorney in the Denver area.

  135. I have received a summons from CACH, LLC on 1/24/2014 and it states that have 20 days to answer. I have no idea how to proceed other than going to the county court clerk and ask for more information. It states that I have a debt from GEMB of $2772 and that I was given notice of the account balance “on or about 5/6/2011″ and have accepted the account without objection. My school has a help center that provide financial counseling which I plan to visit soon. what I would like to know is how to proceed so I don’t put myself in a deeper hole and can they garnish my wages? I am a fulltime student graduating in may 2014 and works part time, and live paycheck by paycheck when I am in school. Is it possible for the judge to let me make repayments beginning in the summer? Thank you in advance for your replies.

    • Michael Bovee says:

      Dave – It is usually possible to enter into affordable payment arrangements for a debt like this. Doing that through the court is often ideal.

      Does your college have a law program? If so, ask about whether any professors overseas a student clinic. Debt collection issues are often something these clinics help with.

      You can of course work with an experienced attorney, but the costs could run higher than what you could settle this for.

      • Thank you Michael, would working out a deal in court show up on my credit report and further damage my credit scores?

        • Michael Bovee says:

          If you consent or stipulate to a judgment as a result of only being able to do monthly payments (which is often how the collection attorneys handle this), and a judgment is entered into the court record, that fact will nearly always appear on your credit report and hurt your credit scores.

  136. Micheal,
    I believe I’m in need of an experienced collection defense attorney in the Springfield MA area. Anyone you can recommend? Cach LLC has hired Cambece to collect money from me that I just don’t have. My answer is due in 15 days. Every fiber of my being is opposed to feeding into this system of legal/financial perpetuating insanity, but hiring an attorney may in fact be my only way out of this once and for all.
    Thanks, Lucy

    • Michael Bovee says:

      Lucy – I sent you an email with a list of attorneys with the experience you need and want. My browser is acting up so you will have to do a search for the attorney name and the city they are listed in to get their contact points.

  137. Michael,
    My son has received a Civil Summons from our local Circuit Court. It was filed by a Louisville, KY law firm representing CACH, LLC on 1/28/2014 and it states that he has 20 days to to provide a written defense from his self or a representing attorney. This is a second attempt from Cach as he had received calls and letters from another out of state law office in July of 2012. He discussed settlement options then and sent a official offer letter stating his offer. Debt stated was $10000, Offer was for $3000. They were given 2 weeks to accept offer, but he never heard from them again. My questions are, Do they have the right to try to collect after his offer was not accepted over a year and a half ago?
    In giving a written defense does he challenge the legality of debt?
    Also, can you send a list of attorneys with experience in defending these cases? My son may not be able to afford an attorney, but it may be his only alternative.
    The nearest large town to him is Louisville KY.

    • Michael Bovee says:

      Joey – Debt collectors like Cach LLC are not obligated to honor any arbitrary settlement offer that gets sent to them. You have not shared anything that suggests they no longer have a right to collect. I am not sure what you mean about challenging the legality of the debt. Square Two. Cach LLC does legitimately buy defaulted debts, and the creditors they buy the debt from are within their rights to sell the accounts, and even spell that out in many of their customer agreements. There are great defenses to debt buyers suing, but challenging the underlying legality of the debt at issue is not a great one.

      I sent you an email with contact info to 3 attorneys. Initial consults are usually no cost, so take advantage of those and get/help son get bearings straight.

  138. Hi Mike,

    Can you email me attorney in Santa Clara county in San Jose area, please?
    I’ve received Deposition Subpoena from CACH, LLC, Neuheisel law firm

    Thank you

    • Michael Bovee says:

      tommy – I sent you an email to an attorney way south of you, but he covers your area on these types of issues too. If there is something about your situation that suggests working with someone more local, he can recommend someone.

  139. Need a few attorneys in Memphis, TN to assist me in defending a pending action from CACH LLC. They bought an old unsecured Citibank 10K student loan I have not paid on since 6-7 years.

    • Michael Bovee says:

      Thomas – I sent you an email with contact to one experienced debt defense attorney I know of in Memphis. Let me know how things progress for you.

  140. Hiya Michael,

    I was looking over my credit report, which, sad to say, I haven’t looked at in a while. I noticed I have a collections account with CACH LLC with a balance of $2374.00. I have no idea what this is for and I am actually worried that if I call them to ask I will start to get harassing phone calls. Do you know of anyone around the Galveston, TX area that I could contact?

  141. Another question for you. Do you know anything about Midland Funding and CBF / CBG? I also have accounts, supposedly, from these two as well. I Googles CBF / CBG and it comes up as stock and share quotes and medical terminology. Really weird.

    • Michael Bovee says:

      Karah – Are you looking for an experienced consumer law attorney in the Galveston area? Is the purpose solely to find out what the debt Cach/Midland/CBF are reporting is about – because it could not possibly be yours? Did you default on payments to a lender or service provider in the last 7 years? Do you believe you are a victim of identity theft?

  142. Michael, is there a good attorney in the West suburb of Chicago (Shaumburgh, Elgin, Geneva..Etc.) That you can recommend for me as well? I am being sued by CACH LLC just like every one too. I am not sure what step to take next. Would like to get intouch with an attorney who know CACH LLC well to help me defend this case.

    • Michael Bovee says:

      true – I sent an email with contact details to 3 attorneys. I am not familiar enough with Chicago to know which would be nearest you, but short distances are not generally an issue.

  143. Hi Michael,

    I’m trying to help my aunt who has a mentally disabled adult daughter. That daughter just received a Notice of Levy from the Neuhiesel Law Firm, representing CACH, LLC. The levy was directed to Golden One and Bank of the West.

    My aunt knows nothing about the alleged underlying debt and to her knowledge, her daughter has never been served with a lawsuit.

    I checked the case summary on the Los Angeles Superior Court website and it appears that they got a default judgment. The disabled daughter gets disability checks that go into a designated account. She has no other source of income.

    Is there any way to get the default judgment removed? Can a mentally disabled person have their disability income levied?

    They reside in Los Angeles.

    Any guidance would be much appreciated.

    • Michael Bovee says:

      ktp – Disability would not be levied at the source for a judgment like this. But a judgment debtors bank account could be levied when there are mingled funds (non exempt money in the account).

      There are ways to get the judgment set aside or vacated. It is best to consult with an attorney whose practice focuses in this area of consumer law. Most offer a no cost initial consult to help you understand the options available. I sent you an email with contact info to the type of attorney you, or your aunt, can talk with.

  144. Hello Michael,

    We received a letter from CACH llc saying that there is a default final judgment. I know that it means that there was a hearing and that our side didn’t show up. My question to you is this, is it too late to do anything, and what are(if any) the options from here.

    Thanks,
    George.

    • Michael Bovee says:

      George – There are nearly always options to consider. But what is it you want to do? What is your goal with this debt? Do you have other debts unpaid out there?

      I do have a post up with things to be aware of, and options to consider, as relates to judgment debts here: http://consumerrecoverynetwork.com/question/can-you-settle-credit-card-judgements-like-other-debts-stressed/ – the comments are fairly informative on that page too.

      • Hi,
        Thanks for the reply.Sorry for my late reply, but I’m out of the country and the time difference sucks.The ultimate goal would be to settle for less than the amount they are asking. I don’t know what are the chances if we fight it, because it is a pretty substantial amount of money, and I think Cach is going to go all out. Of course I like the idea of the case being dismissed or something like that, but me being a realist I know that isn’t going to happen. As for other debts, no there aren’t any other unpaid debts, and actually when my mom checked her credit score it was high 600s. The thing is we have never dealt with legal matters before and I just wanted to see what options we have, before we get a lawyer.

        Thanks,
        George.

        • Michael Bovee says:

          George – Your defenses to a collection lawsuit by a debt buying company like Cach LLC are not going to change, and are just as relevant, whether you owe $2500, or $25,000. How and why a judgment may get set aside or vacated are similarly not going to change. I would suggest calling an experienced debt collection defense attorney. I can help you locate one if you email me (same address you get these comment notifications from) the name of a nearby larger city.

          As far as settling the judgment Cach got, what amount of money can you pool together as an offer… half? How long will that take? After reading the post I linked to above, depending on the state, you know to be concerned about wage garnishment, and bank account levy.

          • Michael – thanks a lot for the tips. We hired an attorney. I don’t really know what happens next but I guess we are going to make a deal with Cach. I hope that we can get a reasonable deal with them.

            Thanks,
            George.

            • Michael Bovee says:

              George – Thanks for posting this. Best of success to you in resolving this in a way that works for you. Please do post updates as things progress.

              • Michael – We could not make a deal with Cach. What do you think about bankruptcy, as a way of dealing with such situation. Our lawyer suggested it, and I don’t know if that is a good idea or not. And is there any guarantee that the judge is going to grant it. Also would you suggest it when we have a small family business, and that is our only income.

                Thanks,
                George.

                • Michael Bovee says:

                  George – What was the amount Cach was trying to collect? What was the settlement offer you would have been able to fund?

                  Bankruptcy is mostly a function of math. If you cannot qualify for chapter 7 based on the means calculations in your state, chapter 13 bankruptcy is an option. I cannot really suggest it knowing so little about your situation. There are certainly reasons to embrace filing, rather than avoiding it, but the opposite is true too.

                  • Michael – The amount is $37,000, and Cach didn’t want to do any kind of deal. They wanted %100 of the amount.

                    Thanks,
                    George.

                    • Michael Bovee says:

                      George – If you are up to it, send me an email (same address you get these comment notifications from) and let me know the amount you could pull together to settle. I want to help you establish a baseline for what is possible, and compare that with costs to defend the suit with an experienced debt defense attorney. Does the attorney you are working with have a background in defending against collection law suits? If not, I can help you locate one who does.

  145. Michael,
    Can’t believe this site exists! You are doing good work because I have been through Hell and back trying to get ready to fight CACH, LLC in Court Thursday.
    I’m in Hallandale Beach, FL, right on the Miami-Dade and Broward County Line, zip 33009. Last attorney I talked to hung up on me saying “I’m so tired of these pro bono cases” and I borrowed $500 from Payday Loan to pay for help. My car was towed on a $6000 credit card GEMB from a dental office visit. Never got served, never got final judgment till sheriff showed up at from apartment door with the judgment and towed my car to storage; I was scheduled for major operation and can’t hardly sit up to type this and trying to research to write my own motions. Now, I need a court order from the county court judge to allow an appraiser access to my car so I can bring it’s true value to Court. In Florida, though it says allowance for car is only $1000 you can combine that with a $4000 peersonal exemption if you don’t claim homestead exemption, spousal report—anyway, I qualify for $5000 total exemption (rest of income is disability pension after working in the Courts system 22 years and disability income, tax deferred, from private policy purchased through the Court benefits plan. But I’m head of household supporting my 23 year old, out of work son who used to use this car to drive me to my drs appts. Now I’m out of luck and getting sicker every day. Please, do you know anyone in the Hollywood/Hallandale area in Broward County or near Aventura/N.E. Miami-Dade county? I can’t stop crying I’m so stressed out. Attorneys keep on passing me onto another attorney, no one in South Florida has a soul, I swear. Any suggestions asap WOULD BE GREATLY APPRECIATED as my hearing is this Thursday afternoon, Feb 13, 2014 (I JUST FOUND THIS SITE!). Any way to get the attorney(s) for CACH, LLC to appear in person? They said, pending judge’s approval, they’ll appear telephonically but there are so many of these cases, they just steamroll through and judges don’t blink they’re so overloaded. Also, if you know someone who fights vehicle replevin (taking my car) that is key as they are arguing my 2004 auto is worth over $7000 but it’s been in 2 serious accidents with police involved (none my fault) and several fender benders, as well as vandalized leaving no sound system and destroyed upholstery and headliner from cigarette burns. Sorry about the length but I’m 61 and if I have to declare bankruptcy now, it will follow me to my death, in my current medical condition so am trying like anything to get a diminished value on the car due to these accidents. BTW, which do you recommend to pick up accidents best, Carfax or AutoCheck? Thanks for any help, again, at your earliest convenience!! Your doing some great work Michael, thank you. Laura

    • Michael Bovee says:

      Laura – It is very late in the game to get an attorney involved, but if you want to locate ones with collection defense experience nearest you, go to naca.net, click find an attorney, and be sure to select debt collection in the menu of practice areas, and then check the box for collection lawsuit defense. There is an automobile menu drop down, but debt defense will likely yield the better, more experienced results for your situation. There is a good concentration of consumer law attorneys in your general area.

      If you do find an attorney with the experience to work with, I do not know what they will charge.

      I do like Carfax, but both should have the same information.

      Laura, I understand wanting to avoid bankruptcy, but if the difference is your only means of transportation….

      I would also encourage you to look up any low income legal aid offices in your city/county. You may qualify for their assistance, and these attorneys are very good, and dedicated to consumer issues like yours too. Talk to them about the benefits of bankruptcy right now. Talking about it does not mean you are filing.

  146. Hello,
    Yesterday, a Constable from the Henderson, NV Justice Court, handed me a notice that I am being sued from Cache LLC. (original line of credit from BofA). The notice says on or about 11/20/2009, I defaulted.
    The account was subsequently canceled. The entire balance is due and payable in full. The credit card account was charged off to profit and loss by BofA on or about 6/30/2010.
    It says the total balance of purchase is $ 2,961.75. Interest in the amount of $1790.49 has accrued since the plaintiff purchased this obligation.
    My goal is to settle my debt and move forward. Are they asking for a total of $2961.75 or $4752.24 (including that interest amount)?
    I don’t have that kind of money. I can maybe squeeze $200.00 cash right now and make small payments to them. Do I call them? What is my next step? Any advice would be great. Thank you for your help.

    • Michael Bovee says:

      Keleye – It sounds like the nearly 1800 dollars is viewed as interest that would be applied on top of the charge off balance, so $4752.

      Debt collectors are willing to accept payments, but two hundred down with smaller monthly payment after that is not going to stop this lawsuit. They will want you to agree to accept a judgment as part of any long term payments.

      Are you working? Do you receive any form of public assistance? Do you have any options for pooling together a realistic lump sum to settle this and get the case dropped?

      • Thanks for your response. I was looking into Nevada’s SOL. I am confused. Some websites say its 4 years and others say its 6 years. This was a BofA Line of Credit, defaulted on 11/20/2009. If its 4 years wouldnt this be past the SOL?

        Out of pure curiosity, doesnt companies like Cach LLC buy these debts for pennies on the dollar? If I contact them and offer, Let’s just say $200. But they dont take it. Was that considered me “contacting them” before my 20 days was up? Then they can start their whole process again, right? Not that I want to do that. Just wondering.
        Could you send me info on Attorney’s in NV? Thanks.

        • Michael Bovee says:

          Keleye – Was this a revolving line of credit? Accounts like revolving credit card and other debts appear to have a 4 year SOL in Nevada, where written contracts are 6 years.

          Cach LLC and Square Two Financial do buy debts at different price points. Unpaid debts fetch different prices at different stages of delinquency. Really old debts might go for less than a penny, where recent prices for freshly charged off debt show they can go for 10 or more cents on the dollar. I do not recommend getting hung up on the price paid for a debt when you are looking to settle. Your and my thought process of offering twice what they paid for a debt sounding really reasonable will not apply. A debt buyers threshold and collect-ability scoring to your file is what will likely lead the decision making, especially once sued.

          I am not sure what you are referring to about contacting them before 20 days is up, and then restarting the process? But you can talk about that, and get clarity on the SOL for your account, with the attorney you call out of the short list of experienced ones I emailed to you.

  147. Can you send me an attorney ‘s name in Houston to help with my case that occurred while I was living in Florida and is being adjudicated in Broward County?

    Thanks!

    • Michael Bovee says:

      I sent an email with contact details to a few attorneys in the Houston area, but you may need to be talking with someone in Florida.

  148. Hello! I am being sued by Cach LLC and have gotten a paper in the mail for a mandatory settlement conference. Can you send me the name of an experienced debt collection attorney in Monterey, CA or thereabouts? Thank you so much.

    • Michael Bovee says:

      Leslie – I sent you an email with contact details. Distance does not have to be an issue in these cases, but if it is, you can get a referral to someone more local to you. Please post an update with how things develop for you.

      • Thanks so much for your help, Michael! We’ve hired the attorney you recommended and are hoping for a good outcome. I’ll update as things progress. Thanks again!

        • Michael Bovee says:

          That’s great Leslie, and please do.

          • Hi Michael,

            I attended the Mandatory Settlement Conference I mentioned above a few months ago, and we set a trial date. The trial was to be this coming Monday, but I heard from my attorney yesterday, and Cach LLC is dropping the lawsuit. I had to provide a copy of my bank statement showing how broke I am (because I am) and answer a few questions about employment, etc. The only thing I have to pay is the other attorney’s filing fees and my attorney’s contingency fee. I am very happy that I went this route, and I thank you for your help in finding an attorney.

  149. I just found an open collections on my husband’s credit for CACH. How do I find out who it was actually for? The amount is around $2,500.

    • Michael Bovee says:

      Gena – Are you able to cross reference any accounts he could not pay in the past with what Cach is reporting? Were there even unpaid accounts in the past?

      • Yes Michael we had old debts from years ago, but most of the credit cards were in my name only. There was a Care Credit (GE MOney) but i don’t remember how much it was for. He had some others, but we hired an attorney to dispute those when they were sold to a 3rd party that inflated what was owed.

        • Michael Bovee says:

          Gena – Sometimes those things (debt disputes) work out great. Sometimes they don’t.

          You can request information from Cach directly. Have you received any collection notices in the mail? How recently?

          Who was the attorney you worked with? Have you contacted them about this? That is where I would start. Post an update with how things develop.

  150. Hi Michael,

    I have also recently received a summons from CACH LLC for a BofA debt charged of in January 2012 for a total of about $6k. I haven’t spoken with them regarding the matter and came across this page while looking for some advice, as I’m definitely nervous about calling them. Can you send me some collection defense attorney contacts in the Boston area (I’m a bit north of Boston, in Malden)?

  151. Michael,

    What is your contact info? Web site? Referrals in the Tampa Bay Area. I am in Bradenton.

    Thanks!

    • Michael Bovee says:

      tom – This is my website. My email address you have from the email I sent with the attorney contact info for your area.

  152. Hi Michael-
    I am in a similar situation. I received several letters in the mail today from several different attorneys indicating that I am being sued by CACH and offering their assistance. I am not even sure what debt this is for. I pulled my credit report and I can’t even find that company listed. I have no idea what to do. I live in the Columbus, Ohio area and would appreciate any assistance.

    • Michael Bovee says:

      Elizabeth – Have you had accounts go into default in recent years?

      If your local courts offer electronic access, do a quick search on their site for your name and see if you can view a copy of the lawsuit they filed. That will help identify who the original creditor Cach LLC bought the debt from. Cross reference that with any accounts you may have had.

  153. hello my name is Tanya.

    I live in Eloy, Arizona

    my question is:
    my mom is being sued by cacht llc, the attorney’s name is Kathryn A. Neuheisel, Beth Bruno, Kerry Osborne., the debt she owes is 6127.32.
    My mother’s income is limited and I want to take responsibility for this debt and pay it, that’s my goal. How can I do that?
    I can pay $1500.00 in March 15, 2014, and $400 a month thereafter until paid off, Do you think they will accepts this?

    • Michael Bovee says:

      Tanya – You will not have too much trouble getting the attorney suing for Cach to agree to the payments you can afford. But if I read your comment correctly, you will have trouble getting them to drop the suit against your mom. Were you more responsible for the debt that Cach is trying to collect? Are there medical concerns that suggest she should not be going through this right now? What is the reason for wanting to take your mom out of the equation? If I knew that I may have some more helpful feedback in this regard.

      You would need to call the law firm in order to negotiate the terms you are able to follow through on. Be sure anything you do agree to is documented.

  154. KATHLEEN ANNA says:

    As with most on this page, I am having an issue with CACH via J Cambece. I received a summons yesterday with 20 days to reply. I am working just part time because I am on dialysis. There is no way I can pay the $6127 they are looking for. I am looking for an attorney to help me. The energy to deal with this is something I just don’t have. Since yesterday, I have been sick over this whole thing. I live in Boston Mass, could you recommend an attorney in the area. Thank you.

    • Michael Bovee says:

      KATHLEEN – I sent you an email with contact details to a few attorneys in your area with the experience you need.

  155. I received the following today:

    Judgement Creditor’s First Set of Written Discovery in Aid of Enforcement of Judgement to Judgement Debtor

    Judgement Creditor Subpoena Issued in the Name of the State of Texas Directed to Nationstar Mortgage LLC

    Not sure what to do from here. We received it regular mail and certified. I was not here to sign for the certified one.

    • Michael Bovee says:

      Karen – You may want to connect with an experienced consumer law attorney in Texas. One with debt defense experience. From your comment, it appears there is a judgment already entered against you, and the judgment creditor is now going further into the court process to figure out how to get you to pay.

      What can you tell me about the judgment and your goals for managing the situation?

  156. I went to an Arbitrator meeting with Cach llc , they have a signed contract from original creditor, I have not admitted this debt is mine, but it appears it is, last payment was in 4/19/2010, Cach purchased in 12/2010 and are just now trying to sue me. I am willing to settle, the sent me a proposed stipulation of 150 per month, balancing owing is 15,571.18 + interest, it would take me about 9yrs to pay and a judgment will be on my credit! I cant afford that. I have came up with 4000.00, should I offer to settle, go to court, or chapter 7? any help will be appreciated. Thank you. Angie

    • Cont- I am in Arizona, debt was acquired In Wa State.
      Thank you

      • Michael Bovee says:

        angie – Have you talked your situation over with an experienced attorney of your own?

        I do not think they will accept the 4k as settlement on that balance at this late stage of collection. The time to settle debts with Cach LLC for the best savings is typically prior to the court process starting. Most accounts do not settle for 25% with Cach, but some do. You could possibly get a better settlement if you put on a good defense. Having an attorney to help you do that is a good idea.

        Bankruptcy is an option. Have you talked to a BK pro about your situation? If not, you should. How many additional debts do you have other than this one with Cach? If this is the only one that worries you, I could make an argument for trying to avoid bankruptcy.

        • I have not talked at an attorney, can you send me in the right direction? I don’t have any other debt that I would want to put in chapter 7, maybe a small debt of 400. but I want to keep my credit good, as we want to buy a home in the future.

          • Michael Bovee says:

            angie – Send me an email with the name of a nearby large city. I will email back contact info to any experienced attorneys. The email address you get these comment notifications from all come to me.

            You will want to resolve this debt if you are in the home loan market in the next few years.

    • Angie I can show you how to beat them and it will not cost you anything. But its very important that you know what you are talking about and you understand how our money system works. I know because I’ve beat them twice. Its not hard to do when you know the truth.

      • Michael Bovee says:

        Anthony – Can you email me more about your two successes in Arizona?

        • Yes I can. What email do I send it to?

          • I can do even better I’ll send you the “Compromise & Settlement Agreement” Signed by CACH. Where they dropped the case like a hot potato.

            • Yes Anthony I would love to hear about it. I have an appt with a lawyer Michael emailed on tues

              • Michael Bovee says:

                angie – There are people that have defeated collection lawsuits on their own. Be careful applying what you learn if you go that route. I would recommend only using that which you understand implicitly. And I would suggest focusing only on feedback from someone who has experience in Arizona courts, and even better, the court you are in.

                Skiba, or the Phoenix attorney, will be the most experienced in dealing with Cach LLC at this stage of collection.

                • Thank you Michael, I will be meeting with Skiba on Tuesday.

                • Angie Michael is right. But if you know how our money system works and you apply only the truth you can beat CACH and it does not matter which state you are in. I won by forcing CACH to show how they were damaged and how they violated federal and state debt collection laws. The truth is on your side if you know how to use it.

            • Tony,

              I am currently set for a trial with CACH for 3K in APril…if you can share with me how you beat them would appreciate that. [EDIT: email removed]

              • Michael Bovee says:

                Kathy – I removed your email address from your comment. If you would like me to forward that to Tony privately I can.

                • Yes, Please forward him my email. My trial date is April 10th.
                  Do you have any idea what “Motion for Leave to Conduct Limited Discovery” is or means?
                  CACH’s attorney has made this motion in small claims court, Brevard County Florida

                  • This is a pleading that is filed if the Respondent of an action wants to use documents the Complaintant has in preparation of their defense. But court permission must be granted. Therefore, the Motion for Leave is filed. A hearing is conducted and the court will decide if the other side needs to relinquish those documents or answer interrogatories, etc. In small claims court, because Discovery is limited, the Motion must be filed and the court will decide. Many times, it will be granted, but limited. For instance, you may only be granted permission to ask 10 Interrogatories.

                    • Kathy

                      Have you filed for your discovery? Make CACH show proof they bought a legal debt. Make CACH show that the lender they bought the debt from truly owned the debt.

                    • CACH filed the motion of leave..asking for 5 Interrogatories, 5 Request for Production, 5 Requests for Admissions to the Defendant. I am the Defendent..so are they asking that I be limited to the afore mentioned items? DO I need to file the same motion to ask CACH to produce? Sorry this can get confusing.

                      In reply to Tony..YES that is what I want to ask them to produce.. the original contract with my wet signature and receipts showing my signature. ( I already called Wells FArgo whom they bought the debt from, and they said they do not have that information)

            • Michael Bovee says:

              Same email the comment notifications come from.

              I know you had some success from a prior comment you posted. And I know attorneys for Cach will drop cases. I am really only interested in any success in the state of Arizona.

              • Just thought people need to know where the money comes from in the banks own words!

                MODERN MONEY MECHANICS
                This complete booklet is was originally produced and distributed free by:
                Public Information Center
                Federal Reserve Bank of Chicago

                “Of course, they do not really pay out loans from the money they
                receive as deposits. If they did this, no additional money would be created. What they do when they make loans is to accept promissory notes in exchange for credits to the
                borrowers’ transaction accounts. Loans (assets) and deposits (liabilities) both
                rise”

                “Two Faces of Debt” by Federal Reserve Bank of Chicago Sept. 1992

                “Such newly created funds are in addition to funds that all financial institutions provide in their operations as intermediaries between savers and users of savers”

                “I Bet You Thought” Federal Reserve bank of New York Dec. 1977

                Commercial banks create checkbook money whenever they grant a loan. Simply by adding new deposit dollars to account on their books in exchange for a borrower’s IOU.

                So just remember when the banks takes your home “the banks does not have a dime in the loan” but yet they get your house for FREE!!!

                This also applies to credit cards too!!! STOP PAYING THEM ANYTHING UNTIL THEY CAN SHOW THEY FUNDED YOUR LOAN WITH THEIR MONEY! MAKE THEM SHOW THEY ARE THE DAMAGED PARTY!!! THIS THEY CAN NOT DO!

                • Michael Bovee says:

                  Tony – In other words “Welcome to fractional reserve banking”. That is really what you are sharing. In my opinion, anyone serious about the topic should not rely on short pamphlets. One of the best resources for the history of money and banking in the US is both volumes of Pieces of Eight, by Edwin Viera. I think there was a second printing recently, so you may be able to get your hands on a copy.

                  Really smart people raise issues with fractional reserve lending, and with the federal reserve bank itself, but from a political, market efficiency, and policy related angle. The topics have enjoyed much broader attention recently, due to the recession, and subsequent bailouts. More serious conversation can now be had, than was possible just a few short years ago, due to the fringe way the topic was viewed in the 90s when I became familiar with it. But the context of this page is about dealing with Cach llc, a debt buyer. Bringing money creation to the discussion smacks more of monetary protestations, than of successful litigation defense strategies.

                  People do not win against debt collectors by arguing money creation.

                  • This is the banks words not my.

                    Yes CACH thinks it bought a debt. Can the bank show it sold CACH a legal debt? NO How can the bank sell a debt it does not own? Michael this as to do with the bank itself not the federal reserve.
                    What do you think this means?

                    “I Bet You Thought” Federal Reserve bank of New York Dec. 1977
                    Commercial banks create checkbook money whenever they grant a loan. Simply by adding new deposit dollars to account on their books in exchange for a borrower’s IOU.

                    “People do not win against debt collectors by arguing money creation.”

                    I did…………By forcing CACH show it bought a legal debt. Simply by asking them to show how the debt was funded. Which it could not do.

                    • Michael Bovee says:

                      Tony – Some of the pamphlets you reference were/are published by the fed. There is no shortage of ways what you are implying touches the fed. But expounding on that stuff is not what I choose to spend my time on.

                      I am not entirely clear on your question of what I think something means, but from 30k feet:

                      The FTC conducted a 3 year long review of debt buyers. They put out a lengthy report about that roughly a year ago. They did not spare the industry, but they did not say banks make loans they do not own, or that banks sell unowned debts to debt buyers. Reading the report without a monetary protester view would quite literally suggest that debt buying is a normal function in our borrow and spend economy (well, at least since the savings and loan crisis).

                      California enacted their Fair Debt Buying Practices Act last month. Laws getting passed is an interesting process. There are so many people, all coming from different experiences, and with their own agenda, that influence the process. But with all that diversity of input, nowhere in California’s FDBPA is there a reference to debt buyers should only “think” they bought a debt from the bank; or that banks will be unable to show they sold a legal debt. In fact, I would suggest that the law in California, that now governs debt buyers behavior when collecting, pretty much legitimized the debt buying industry (while making the proofs you suggest a debt buyer may not have, be readily accessible to the purchaser at time of suit).

                      The CFPB will be weighing public comments submitted before this coming Saturday about over 160 questions regarding debt collection. A large portion of those questions speak to debt documentation, both before and after a collection lawsuit is filed, and by debt purchasers like Cach LLC. If you believe banks and debt buyers cannot legally show there was ever a debt funded, I suggest you take advantage of the next 2 days to file comments with the CFPB about this. But I suspect the coming regulatory framework changes from the CFPB regarding debt collection (in the next year or so), will not be swayed by arguments about the debt never being funded.

                      I suspect you did not win at trial by bench or jury on the merits of there being no way for Cach LLC to show it bought a legal debt. I suspect, but do not know, that they dropped the case prior to trial commencing. I suspect, but do not know, that Cach dropped the case for reasons other than money creation arguments that could not be overcome.

                      People are able to settle debts with Cach for less; set up payment options that are affordable; and defend successfully against Cach LLC lawsuits. Some are able to beat Cach at the collection game on their own, others are better off working with an experienced collection defense attorney. I will congratulate every one of them, whether settling, paying, or winning, including you. But I am not going to spend much time, or allow much space in the comments of the site, for monetary protester, and debt denial stuff. Just not productive on so many levels.

                    • Tony – Some of the pamphlets you reference were/are published by the fed. There is no shortage of ways what you are implying touches the fed. But expounding on that stuff is not what I choose to spend my time on.

                      “That is the feds words not my. If you choose to ignore the truth that’s your choice.”

                      I am not entirely clear on your question of what I think something means, but from 30k feet:
                      “Michael what is this statement saying?”
                      “I Bet You Thought” Federal Reserve bank of New York Dec. 1977
                      Commercial banks create checkbook money whenever they grant a loan. Simply by adding new deposit dollars to account on their books in exchange for a borrower’s IOU.

                      The FTC conducted a 3 year long review of debt buyers. They put out a lengthy report about that roughly a year ago. They did not spare the industry, but they did not say banks make loans they do not own, or that banks sell unowned debts to debt buyers. Reading the report without a monetary protester view would quite literally suggest that debt buying is a normal function in our borrow and spend economy (well, at least since the savings and loan crisis).

                      “The problem here is they did not bring up how banks fund their loans.” How can the bank sell a debt if it can not show that it owns the debt?”

                      California enacted their Fair Debt Buying Practices Act last month. Laws getting passed is an interesting process. There are so many people, all coming from different experiences, and with their own agenda, that influence the process. But with all that diversity of input, nowhere in California’s FDBPA is there a reference to debt buyers should only “think” they bought a debt from the bank; or that banks will be unable to show they sold a legal debt. In fact, I would suggest that the law in California, that now governs debt buyers behavior when collecting, pretty much legitimized the debt buying industry (while making the proofs you suggest a debt buyer may not have, be readily accessible to the purchaser at time of suit).

                      “There is no agenda here its the banks own words. If they can not show how they are damaged how can there be a party to pay?”

                      The CFPB will be weighing public comments submitted before this coming Saturday about over 160 questions regarding debt collection. A large portion of those questions speak to debt documentation, both before and after a collection lawsuit is filed, and by debt purchasers like Cach LLC. If you believe banks and debt buyers cannot legally show there was ever a debt funded, I suggest you take advantage of the next 2 days to file comments with the CFPB about this. But I suspect the coming regulatory framework changes from the CFPB regarding debt collection (in the next year or so), will not be swayed by arguments about the debt never being funded.

                      ” The question will never come up or be ask on where the money comes from that banks loan out. WHY???”

                      I suspect you did not win at trial by bench or jury on the merits of there being no way for Cach LLC to show it bought a legal debt. I suspect, but do not know, that they dropped the case prior to trial commencing. I suspect, but do not know, that Cach dropped the case for reasons other than money creation arguments that could not be overcome.

                      “You’re right it never went to trial because CACH dropped it before the trial date. They dropped it because they could not show a damaged party.”

                      People are able to settle debts with Cach for less; set up payment options that are affordable; and defend successfully against Cach LLC lawsuits. Some are able to beat Cach at the collection game on their own, others are better off working with an experienced collection defense attorney. I will congratulate every one of them, whether settling, paying, or winning, including you. But I am not going to spend much time, or allow much space in the comments of the site, for monetary protester, and debt denial stuff. Just not productive on so many levels.

                      “Michael I understand I’m not asking you or anyone here to take my word for it but do your own research and you will find the truth. Just look around….our whole country is in debt and our biggest problem is who we have controlling our money. If we want to save our country then we must first start with who is controlling our money if not then we will change nothing.”

                    • Michael Bovee says:

                      Tony – I will leave your comment as the final word on the topic, at least on this thread. I may come back in and clean up the post above to delete the copy and paste of my prior reply. Some of the pages on this site, like this one, are already long enough, and take too long to load, so I try to keep duplication to a minimum.

      • Tony i lives in mesa Az and i received a letter that i got sued by CACH LLc, Can you pl advise me also. You can contact me via ph or email. My email address is [EDITED - Removed email]

        • Michael Bovee says:

          vinni – I removed your email address from the comment to Tony. If Tony posts or emails he is okay with it, I will send you the contact points he provides.

          • Yes Michael you can give him my email.

            I believe that the party that funded the loan should be the party that is re-payed the loan. That’s all I ask from the bank…..is to show proof of funding the loan. If the bank can not show they was the lender and how they were damaged, then what right do they have to sell it to CACH?

  157. I monitor my credit on all bureaus regularly and I received an alert for CACH, LLC yesterday. One of the credit reports shows that it is from GE Capital Retail bank which I have been trying to pay but the GE doesn’t want to explain to me how they turned one account into two separate accounts on my credit report with (2) different account numbers, with two different monetary figures. I reported the one account that I know isn’t mind or that I have never been associated with as a fraudulent account to the credit bureaus. My question is how can I find out which account is it that CACH,LLC owns from GE Capital Retail bank and pay it off before this goes on any further? My guess is that CACH, LLC will not try to give me the account they own and take this to court. The amount is only 400.00 and I would rather deal with this before it goes any further or before this gets on my credit report. I’m not expecting CACH,LLC to show me that they own the account from GE Capital or provide any paperwork showing that they have purchased it.

    Any help would be greatly appreciated. Please feel free to respond with questions if what I have mentioned doesn’t make sense.

    Thanks

    Trey

    • Michael Bovee says:

      Trey – You can contact GE Capital and ask them which account it is they sold to Cach LLC. You can proceed with your goals from there. If you learn anything that concerns you post an update to this comment string.

  158. I am in Eau Claire WI and I can’t find any listings for attorneys that are Debt Collection Defense. Can you send me some listings. On 2/15/14 I received a letter dated 2/7/14 from Rausch, Sturm, Israel, Enerson & Hornick LLC stating that I owed Cach LLC $12,000. There was no mention of another creditor. They offered to settle for $8,000 in two lump payments or $143 /mo. for the balance due. If I accepted the offer the first payment would be due 2/24/14. There was no mention of who the original debt just a statement that I owed XX amount to Cach LLC. I did not recognize this name. I did not reply the letter because I had no idea if they had a legal right to collect and I did not want to accidentally say the wrong thing. On 2/23/17 I was served a summons that Cach LLC filed a lawsuit on 2/10/14. It says I must respond with a written answer within 20 days of receiving the summons. I don’t know what they want for an answer? A Request for Production? A request for Debt Validation?

    • Michael Bovee says:

      Kari – Wisconsin does not have nearly enough attorneys that specialize in this area, at least, not that I have found. I sent you an email with contact details to several, but none are in your town. But distance does not have to be an issue.

      Talk over your next best steps with an experienced attorney. They will already have dealt with Cach LLC in your courts, and certainly with Rausch firm.

  159. Hi Michael, I am little relief after reading all Q and A from this site. Like some other people i received a letter from an attorney to help me regarding a lawsuit filed against me, which i am not aware of yet. i didnot received any notice or any paperwork yet but i want to start prepare myself. i live in MESA AZ, can you please provide me some local attorney list also. Thank you soo much

    • Michael Bovee says:

      vinni – I sent you an email with contact to attorneys a town over, and south of you. Still close by though.

    • Vinni- I met with The Skiba law group in mesa 480 420 4028 , I hired him and He will give a free consult..good luck

  160. Can you possibly email me some defense attorneys that deal with Cach LLC near Seneca, SC. I would greatly appreciate it.

    • Michael Bovee says:

      Brad – I sent you an email with contact to 2 attorneys. Both are a good drive from you, but distance does not have to be an issue with these cases.

  161. Hey, I am in a very similar situation as others on this site. Whenever you get a chance can you please send me a email for a attorney also? I will greatly appreciate it! Thanks in advance.

  162. I have received a letter from the law offices of ed overcash, llc (out of Greenville, sc) about a debt from GEMB bought by CACH…interesting thing is I live in Creedmoor, NC? It says at this time no attorney has reviewed this debt yet? It states I owe 3316.20. Should I contact them to settle, if so how much or should I contact a debt collection attorney in my area(near Raleigh/Durham, NC)…thanks…can you please send me attorney info no matter what your advice is. thanks

    • Michael Bovee says:

      Tim – In many instances it is going to boil down to cash flow. Will it cost more to retain an experienced consumer law attorney, than it would to settle? With a balance like yours, working with your own attorney may still make sense, but then there is a risk that must also be weighed. Some of these consumer attorneys just do not lose. None of them can tell you they guarantee any outcome though.

      Settling with Cach LLC now, and before a lawsuit is filed, I would target at 40 to 50%. If you look more collectable on paper, be prepared to pay a little higher.

      I sent you an email with three attorney contacts in the Raleigh area.

  163. Hi Michael, I am some what relieved and for sure educated about law suits by CACH llc after reading your responses. Thank you so much for taking the time out to help folks.
    I am also being sued by CACH and found the court papers posted on my door yesterday. No bell, no knock, just docs on the door. I am being sued for a business trade line that I last paid over 2 years ago. Business went under and we dissolved the corporation. Trade line was in the corporations name but CACH claims that I had personally guaranteed it as well. I asked for proof a few months ago but did not receive anything in the mail. Just several phone calls a day and then finally court summon. Credit line was almost 10-15 years old. What recourse do you suggest? Any attorney’s that you can recommend please? I am in the San Francisco Bay Area. Thank you!

    • Michael Bovee says:

      Mo – I sent you contact details to an experienced collection defense and consumer rights attorney in California. Get connected and see what can be done. Let me know what you learn, and what you decide to do.

  164. I recieved a Summons from a law office on a debt I couldn’t pay after I lost my job. The debt was orignally over $10,000.00 and I had paid it down to $3,910.75. My last payment was made October 3rd 2012. I was also given 20 days to return the letter and answer the 10 questions. I was also being sued by CACH, LLC. I was trying to fax my response to the 10 questions in to the fax number on there letter but I kept getting a no answer so I called today and got a lady who I recongized her voice from leaving messages on our answering machine I asked why I couldn’t get a fax thru and she proceeded to question me and said she could help me with this because she has been calling on it. She asked a lot of questions do I have a job, what I make, do I have a 401k, what does my husband make, where do I work, did we get a tax return. Then she said she had three options for me 1)$2933.07 settle for this. 2)$1564.31 and make 8 payments of $293.31 3)$325.90 make 12 payments. I said I could not do #1 or #2 and #3 I did not want to comitt to because I didn’t feel like I would be able to make payment I offered $162.95 for 24 months she said no I only have 12 months to resolve this, why did you ingore my calls and wait until you recieved a summons to call. I said wouldn’t you rather get something then nothing and then the last thing I said to her is I’ll give you a penny on the dollar and hung up. She was getting a little hot.

    • Michael Bovee says:

      Jody – When did you receive the summons?

      • Michael
        I believe I recieved the summons on March 9th. I live in Minnesota and since I sent my first email to you I have received another letter from the attorney. It’s dated March 18th and post marked March 20th. It’s advising me they received my answers to their complaint and then they give a file no#120019671295 and say This letter is written in compliance with the Minnesota Rules of Civil Procedure, Rule 26.06, and the Minnesota Rules of General Practice for the District Courts, Rule 115.10. This letter is provided in an effort to meet and confer with you regarding our claims and your defenses, and to discuss discovery plan and the potential for settlement. Please review the following information carefully. We have outlined a few options for you to review and respond as you feel appropriate: 1. Contact our firm within the next 14 days to work out a discovery plan; 2. Send us a letter within the next 14 days listing your contact information and availability between the hours of 9:00am – 5:00pm Monday through Friday. We will then attempt to reach you to discuss a discovery plan; or 3. If you do not wish to directly collaborate on a discovery plan, attached is a proposed plan that we have formulated after reviewing the file. You may provide any information, in the blank spaces, you wish the Court to review as it formulates our scheduling order. Otherwise, if we do hear from you within 14 days we will assume the attached plan is acceptable and will present it to the Court when, and if, the case id filed.” I have 4 pages of a proposed plan that I don’t understand. If you want to see it I could send it to you. Sorry it took me so long to reply back to your question, I will watch the site daily and check my email more often. Thank you for your time and any help you can provide me! Jody, MN

        • Michael Bovee says:

          Jody – Have you consulted with an experienced consumer law attorney about this? If not, you should. Many offer no cost initial consults, so the price is right to get an expert perspective. You may learn that their help is affordable, and worth it.

          For clarity, I read your posts as:

          Lost job and debts went unpaid.
          This specific debt went to an attorney, who you made payments to, dramatically reducing the debt, but also as much as admitting the debt.
          You stopped paying, and the same attorney is now progressing with their claim.
          You are looking at ways and strategies to defend against a collection debt you have already paid money on to the same collection firm.

          Did I sum that up correctly?

          • Michael
            You have everything correct except CACH,LLC bought the debit from the credit card company I defaulted on. I’m guessing they have turned it over to the attorney. I have never paid any of the payments to the atttorney .
            Thanks Jody

            • Michael Bovee says:

              Jody – I do not see much here to argue, but any angles should be covered with the attorney.

  165. I live in mobile Alabama. I had account with wells forgo that got turn over to some lawyers in missiour my balance was $5.144.00. They. Told me the less they would take would be 150.00 a month which is debit out of my checking account. On the 15th. Of every month. I started back in March of 2011, they call me every 6 months. To. Set up payments. They said I still owe over 2000 dollars but I already pay nearly 5.000 dollars last year it was transfer to different lawyers a year ago in airzona. They called me in January’s to set up 6 more payments but I have not responded. What should I do?

  166. Mr Bovee, I have recently been served a summons for CACH in North Central Indiana. I was originally going to go pro se in this, but the more I read the more I realize I may be getting in over my head. Do you know of anybody in my area I can contact? Closest major city to me would be Kokomo or Lafayette. Thank you very much for continuing to assist us!

    • Michael Bovee says:

      Brandon – The closest attorneys I found in your area (that clearly have the experience in debt collection lawsuit defense) are in Indianapolis. I sent those contact details to you in an email.

  167. Hello
    I have been sued by CACH LLC I am in Colorado do you have an attorney that can help me thru this
    Any help would be appreciated

    • Michael Bovee says:

      Linda – Check your email for contact details I sent to a few attorneys with the experience you need.

  168. I am being sued by CASH LLC in Minnesota for a BOA debt (no account number is listed nor do I agree with the amount listed. I have checked the Minnesota department of commerce web site and searched for this company and according to my search, they are not licensed in MN. I have to get an answer to the firm representing them in 16 days. Should I state this in my answer and ask that the matter be dismissed. The summons and complaint have not been filed with the court, should I file my answer or serve it and wait to see if they file?