How to contact debt collector for Cach LLC without getting harassed to make payment

Hello,

I sent a question yesterday/couple days ago in regards to my situation. To refresh the memory, I received a phone call several days ago from the Law Offices of Michael K. Sipes and have been bothered by it since. I received another phone call today (12/5).

I live in California, am currently 8 months pregnant, and will be ready to go on maternity leave soon, thus being unable to pay the debt. Last year I had a problem with my previous job which prevented me from paying 5 different credit cards/creditors on time to the point where I simply had to stop paying them. My total debt is about $3k now (just pulled my free credit reports, although TransUnion says I've already done it), and am just trying to settle each debt one at a time. Currently, I'm on-call with my job as a private caregiver, and with this particular debt collector call, it's already rattling my nerves.

The original question was: how do I contact these people without getting harassed (since I do not want to aggravate my pregnancy to the point where I get hospitalized) and finding out which debt they purchased?

The majority creditor list (that you've requested) that I pulled from my credit reports and are the current info are:

CACH, LLC

original creditor - Citicorp Trust Bank./Sleep Train/GECRB

Amt. owed - $1686

First Premier Bank (original creditor, currently working on a deal w/them)

Owed: $391

Capital One (credit report says purchased by another lender as of Oct 2012)

original creditor - HSBC

Owed: $740

Bill Me Later (still update my information there and keep in touch w/the company)

Owed: $1002.84

Comcast

Owed: $334

Again, not sure which particular credit Michael K. Sipes has of me; I'm leaning more towards the Capital One or CACH, LLC. accounts. I simply want to deal with this situation w/o getting further into a judgment like they have, and I'm assuming been harassing with others. No, I have not received any physical mail to have further proof of this as well.

What should I do? I have the information available to me via credit reports, do I write my other creditors a letter?

Thank you so much for your help,

Jackie

How do I contact this so called law office without getting harassed and get overly stressed (with my current health situation)? (Please see other questions above)

—Jackie

First things first: You need to accept that you can only do what your finances allow. What the debt collectors for Cach LLC, or others, do or say will not change your finances. Take every single collection effort in stride while you focus on a having a problem free delivery and healthy child in this last month. Unless you want to lock in a settlement in this final month of your pregnancy, or have a time sensitive deal that would be to your benefit to work out an agreement with, maybe setting aside any concerns for the debts and not responding to debt collectors for the next month is the best idea. Having said that, let’s drill into the details of reaching your goals of settling the debts using the details you provided. Doing so should set you at some ease, and allow you to relax about the debts a bit for the next several weeks.

 

Cach LLC is a debt buyer and does some of it’s debt collecting with collection attorneys.

You can settle a debt owned by Cach LLC with any debt collector they place it with.  If the Michael Kittel Sipes collection law firm is contacting you on the Cach account, I would set a realistic target of between 40 and 60 percent for the settlement. I would encourage you to settle the account in one lump sum payment if at all possible.

 

I rarely suggest sending a debt validation request to a debt collector when you know the debt is legitimate to begin with, and all you want to do is resolve the account for an affordable amount. In this instance, you are in California and so is the attorney debt collector. This would be a clear indication that you have an increased risk of being sued for the debt. Sending a debt validation request certified mail return receipt requested will accomplish a couple of things:

  1. The debt collector is precluded from making additional collection efforts until they resolve your request. This can take time. How much time will vary, but anywhere from a couple of weeks to eternity (they may never validate the debt and cease collection efforts all together).
  2. You could find that the Sipes collection law firms client cannot provide the needed validation of debt elements and they would stop collection efforts.

Capital One collecting on an HSBC credit card account.

If the Michael Sipes collection firm is not collecting for Cach LLC, but on the Capital One account, the debt validation letter, in my experience, will not buy you much time at all. Capital One does not sell much debt now, or for the last several years. This would mean the information needed to respond to a debt validation request would be readily available and reposnded to quickly. You did say that the original creditor on the Capital One accounts was HSBC. Capital One took over the HSBC credit card portfolio. If your account fell behind before that acquisition, it could have indeed been sold off to a debt buyer, as that is consistent with HSBC practices. If the debt was purchased, you need to know by whom. You can call into the original creditor to find out.

 

It would be helpful to know when the last payment was made on the Capital One – HSBC account.

 

Find out who Michael Kittel Sipes debt collection law firm is collecting for.

You can make one phone call and find out which account the Michael Sipes law firm is collecting on. Once you know that, you can then evaluate whether you want to send a debt validation request, or assess your available cash flow in order to get an agreement to resolve the debt in place prior to delivery of your child.

 

I am suggesting you do this now so that you can not only approach delivery without the stress of the Sipes firm collecting now, but also while you and the baby get to know each other better after delivery. This would mean calling the Sipes firm in order to learn who they are working for. I do not think it will lead to anything harassing. The goal will be to get something arranged with them in order to eliminate the concern. I can help you for no charge if you would like, but you would still need to make the call and learn who they are collecting for first.

 

If you can post updates with what you learn about who Sipes is collecting for, I will have some more feedback. My comment feedback will come quicker too. Your question came in while I had some travel commitments that took up most of my time.

 

First Premier, Comcast and Bill Me Later debt collection.

It sounds like you have things well in hand with the First Premier collection account. I am not sure you need any feedback on that, but if you do, let me know the details of what you are working on with them in a comment reply.

 

Comcast is a fairly small balance and not all that likely to raise its head with an aggressive collection action in the next couple of months. Unless you have the money to address the account Sipes is collecting on, while simultaneously settling, or setting up payment agreements on this account, I would encourage you to focus on what I read as your biggest source of stress, the Sipes debt.

 

If you are in touch with Bill Me Later and that account is not a source of stress, I see no reason to place this account in a priority over the Sipes collection account.

 

Conclusion:

Focus on identifying who the Michael Sipe firm is collecting for. Once you know who that is, lets look at delaying things, or coming up with a plan that you can afford so that this stress is removed.

 

Identify your available resources to tackle the other debts once you have a plan for the Sipes collection account and implement.

 

If you can tell me when the debts were last paid, and answer other questions in a comment reply, I will have more feedback.

 

Readers dealing with a Cach LLC account, or with the Michael Sipes firm collecting, are welcome to post in the comment section below for feedback.

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Comments

  1. Hi Michael,

    Just wondering — if they don’t want to disclose what creditor they bought the debt from, do I start writing a letter to them? Is there anything I should NOT reveal (besides my social, I really don’t want to do that) to them…like my current situation and how I can only pay off one creditor at a time?

    The other problem is, I have already wiped out my savings when I was unemployed from 2009-2010; right now I’m going from paycheck to paycheck while the hubby pays primarily for the rent and buys necessities. We have separate bank accounts as well.

    Just want to know before I contact them.

    Thank you!

    • Michael Bovee says:

      Jackie – Both Cach LLC and the Michael K Sipes collection firm will likely already have your social. I know that concerns people. Most are not aware of how much their SS# is passed around out there.
      As far as your current situation, and sharing that, if your goal is to set up a payment arrangement, speaking about your hardship and limited income serves your purpose. Can they be trusted to look at any information you provide them as a means to collect money – absolutely. SO much so they are required to verbalize that every time you call. The thing is, there is not much you would share with them that they could take advantage of.

      Now that you know it is Cach LLC that Sipes is collecting for, does your goal of setting up payment arrangements change at all? Would you prefer to have something accomplished now, or wait until after your child arrives?

  2. Hi Michael,

    Sorry for another reply; I just got my regular mail today and received a letter from Michael K. Sipes office containing the original creditor information and the amount owed.

    It is what I believed it to be — definitely from CACH, LLC with the original creditor from Citicorp. Amount due is shown – $1584.89. I don’t know much about notifying this law firm, but it says I have 30 days after the receipt of the notice. I’d like to know what the next step is or what I should do next. Like my previous reply, I have no savings at the moment and currently am paying whatever I can when it’s my payday.

    Thanks for your help…

    Sincerely,

    Jackie

    • Michael Bovee says:

      Jackie – If your goal is to resolve the Cach LLC debt with a monthly payment agreement, you would first need to know what you can come up with each and every month with confidence. If you do not know what amount that is, and cannot commit to any amount right now, consider:

      Doing nothing and not responding to collection efforts until after the pregnancy. I would rarely ever suggest something like this, but you started our correspondence by saying the stress from this reaches to a level where you are concerned about having to be hospitalized. Doing nothing is only temporary, and more the result of not having the finances to commit to resolving the debt, than from the pregnancy. But your health and that of your baby come way before you giving a rip about Cach LLC making their money back from buying your debt.

      Here is the potential chronology at this point:
      Michael Sipes continues with collection calls and perhaps more letters to collect. You ignore all of them. The worst case scenario is they file a lawsuit which can be settled with a lump sum or payment arrangements later. My point here is that there is nothing to really stress about. If you had the money to get this out of the way in one fashion or another – you would. You don’t, so that’s that.

      You send a debt validation request certified mail return receipt requested that triggers certain obligations on the part of the debt collector. Sipes would then communicate to Cach LLC the validation request and Cach would either have enough account information to validate the debt, or they wont. If you get a response to your validation request then you can go from there. This plan keeps you proactive on the account, but that also means you have to think about it. If you experience any collection activity before the debt has been validated (calls, letters etc.) you should then consider talking with an experienced consumer law attorney about violations of the fair debt collection practices act, or the Rosenthal Act in California.

      If you believe you have been abused by a debt collector for any reason, I would be happy to refer you to an experienced debt collection violation attorney. The consult is free and if they see an opportunity to protect your rights from collection abuse, most will represent you without a retainer. They would get paid by the other side once your file is resolved.

      Does this information help you to know that there is absolutely nothing to stress about with this? It is what it is, and will run its course in only a couple of different ways. All of which are fairly predictable.

  3. Yes, the information you gave me is very helpful. I may choose after the pregnancy to work with them. So basically, if I send a debt verification letter, it keeps the account active until they get back to me?

    It’s good to learn about the Rosenthal Act; I did not know about that one. I will let you know how things work out; maybe I have other questions that need to be addressed after I have my child and also in case I need a referral for a debt collection violation attorney, should they go out of line.

    I really appreciate the help.

    Thank you!

    Jackie

    • Michael Bovee says:

      Jackie – A collection account, whether purchased by a debt buyer like Cach, or placed with a collection agency by your creditor, pretty much is always out there and “active”. How the debt can be collected on, and effective strategies to use along the way, do have an affect on the activity from the collection side. The debt validation request will trigger responsibilities on the part of the debt collector. If they do not/cannot meet that responsibility, or take actions to collect prior to meeting the responsibility, you can take additional efforts, rest until the next collector picks up the account (this happens a lot after a validation request – but not as much lately), or commit to a plan to settle the Cach account.

      Please do update this page with any developments.

  4. if you have already been filed with a summons and complaint can you still ask for a validation request?

    • Michael Bovee says:

      pie – If you are already being sued on a Cach LLC account, the typical validation request where you send in a letter certified mail return receipt asking Cach LLC, or their attorney debt colelctor, to validate the debt, it is not going to hold the same meaning. You can still request that Cach LLC validate the debt of course, but it is going to be through the court process and much more of a formal type of request.

      How much is Cach trying to collect? Who was the original creditor they bought the debt from? When did you last make a payment to the original creditor? What state do you live in? What is the name of the attorney debt collector Cach hired?

      If you can answer those questions in a comment reply I can offer more feedback.

      • I’m stuck in a similar situation also. I had a Citifinancial account which is the orginal creditor for the amount of $1968.02. When I checked my Experian credit report it states Citifinancial had charged it off and last payment made was on 11/29/12. I received a letter from Kentwood Law Group (Law Offices of Susan Addison Blush) in California dated February 2, 2013, stating “This office is handling the above referenced account on behalf of CACH, LLC. This is a demand for full payment because you have had ample time to pay the original creditor and have failed to do so. I never received a letter from CACH, LLC stating they are collecting from me, but when I call the OC (Citifinancial) they said the account had been sold to CACH, LLC and Sherman Financial. I’m confused on how could two collection agencies own an single account? I have never received a letter from either one of those agencies. Furthermore, I notice on my credit report I had an “Regular Inquiry” by Law Offices of Susan Addison Blush. What does all of this mean? What should I do? I haven’t answered any calls from the law firm or their letter. What steps do I need to take? I just don’t want to be sued and have to pay anymore money that I don’t already have. Job cut hours and I’m barely even making it from one pay check to the other. I’m doing this all alone while raising kids by myself and maintaining a household. PS. I live in the state of NC

        • Michael Bovee says:

          Jill – It is common to not receive a collection letter from Cach llc. They are a debt buyer who will send accounts out to a collection agency or a collection attorney like Kentwood law group.

          It is a bit odd that Citifinancial would give you the name of two different debt buyers. It could just be the person at Citifinancial made an error by telling you both Cach LLC and Sherman now have, and are collecting on your account. It could also be that your debt was mistakenly sold to both. It happens.

          From what you shared, Cach llc is the legitimate owner of the account. They sent it to Susan Addison Blush for collection, who made a collection inquiry on your credit report, which is normal.

          What you should do at this point is better rephrased as “what are you able to do”?

          You can look at negotiating a settlement with Cach LLC through the collection attorney, a payment plan you can afford. Either one could prevent a collection lawsuit from being filed. There are benefits to being in NC where your wages cannot be garnished, and where there is a higher threshold for Cach LLC filing collection lawsuits than in other states. Before going to deep into that commentary, it would help if I understood more of your financial picture.

          Do you have other unsecured debts you are paying/ not paying besides the one now with Cach LLC? If so, what are the amounts owed, and are others out with collectors (or soon to be)?

          • Hi Michael,

            I have 3 others in collection: Diversified Consultants $303.56, FirstPoint $224.87, and Penn Credit $421.00.

            I thought about talking with a Credit Counselor like ClearPoint Credit Counseling Solutions and setting up a debt management plan? Is that a good ideal or will I be putting myself in more hot water?

            I did a little research on them and found that they are a non profit group, BBB accredited, a member of FNCC, AICCCA, and COA.

            I’m not sure if this is the route to go on such a small income level.

            Jill

            • Jill – It will rarely make sense to enroll with a debt management plan company like ClearPoint Credit Counseling Solutions when you are dealing with debt collectors and debt buyers like Cach llc.

              Your balances owed are low. I was asking about other debts in the event bankruptcy would make sense, but I personally would say it does not (with a total debt amount hovering around 3k).

              • I will take all this in and try to come up with the best solution that will work with me and my budget. Thank you for all your knowledge and information.

  5. I have a family member being sued and its for over 15, 000. Its by cach llc I was wondering what are the options for them.

    • Michael Bovee says:

      thomas – The options when sued by a debt buyer like Cach llc are:

      Settle the debt out of court.
      Defend against the lawsuit with an eye on settling.
      Defend the suit with the intent of getting it dismissed.
      Set up payment arrangements.
      File bankruptcy.

      There is the temporary option of doing nothing, but that rarely ends well.

      What do you know of your family members goals to resolve this? Are they in a position to settle out of court? Are there other debts that compound their financial problems to the extent that bankruptcy makes good sense if they can go the chapter 7 discharge route?

      • I am not sure. I think payment arrangements could be made as long is its not a huge number they Cach wants a month. Chapter 7 is probably not a option

  6. Michael,

    I have a Bank of America credit card with a balance of over $30,000 in collections (In the state of California). We were unsuccessful in settling with BofA and, the account has since been passed around. We then informed the last debt owner that we were willing to settle but needed validation first. We sent them a validation request certified mail, and they failed to provide validation. the calls and letters from them immediately stopped and the debt has once again been sold. This time to CACH, LLC. We have not yet received a letter from CACH, ( I learned of this by diligently checking my credit report).

    Questions:
    Can CACH report this as a new collection, if they themselves have not made attempts to collect with us, or made a statement in writing that they own the debt, and are demanding payment?

    If the previous collection agency failed to provide validation, (especially after telling them we would settle with proper validation) what is the likely hood of CACH having validation?

    Can a creditor place a lien on a leased vehicle? To me, it seems ridiculous but I was just denied a lease deal (with the same company who holds my current lease, no less) because they fear the car may be an asset if we are sued.

    Thank you kindly for your assistance. I appreciate any information you can give me.

    Blythe, CA

    • Michael Bovee says:

      Blythe – Yes, Cach llc can report a collection entry on your credit report as the rightful debt owner in successor to Bank of America. Debt buyers will often appear on a credit report prior to any collection attempt being made.

      A leased vehicle is not owned by you, so anyone placing a lien against it (like if Cach were to sue and get a judgment), would be impeding the true owner. I do not see that happening to you. But even knowing that, it is pretty common to be denied credit these days when you have unresolved collection accounts. Even when they are passed the SOL, and where a legitimate suit to collect by someone like Cach llc is no longer a valid risk, unpaid collections impede access to credit.

      If your goal was to settle the BofA debt before it got to Cach, why did you send a validation request? If your goal is to settle with Cach llc now, why would you send a validation request? Is there something you have read or understood that suggested the debt validation was a path to resolving the debt?

      Sending a debt validation request to Cach and others like them, when you simply want to resolve the debt, is often going to prove counterproductive.

    • Michael,

      I would have loved to know how Blythe, CA, went forward with their situation as a family member of mine has a similar sitaution – over $36,000 debt, original creditor – BofA, now purchased by CACH, LLC and collection being handled by Michael Sipes.

      • Michael Bovee says:

        Kato – If Blythe subscribed to the comments via email, she may see your comment and post about how things have developed with Cach.

        The fact that Sipes is collecting on the Cach LLC account suggests an increased risk of being sued for the debt. What is your family members financial situation and goals for handling this?

  7. Kelsey says:

    I was served a summons on Monday that was filed by Suttell and Hammer on behalf of Cach, LLC. I was wondering if I had to go through the court process and file an answer or can I contact them and offer to settle. I am a single mother in college and don’t have the money for an attorney and all of the fees required to go through the court process. I know the debt is mine and I want to pay it off. I have family who will help come up with settlement money. If settling is an option, do I contact Cach, LLC or the law firm.

    Thank you so much for all of the information you’ve already provided.

    • Michael Bovee says:

      Kelsey – At this point calling Cach LLC to offer a settlement will get you routed to Suttell and Hammer. How much is Cach suing for?

      • Kelsey says:

        They’re suing for $1,236.

        • Michael Bovee says:

          Kelsey – Settling collections with Cach LLC prior to being sued, or even before they send the account to an attorney, can mean a significant savings. Now that you have been sued, and for a fairly low amount, a realistic settlement target will be 60% or higher. Suttell and Hammer, as debt collection attorneys go, are not all that forgiving. Being a single mother and in school full time should play to your strength in negotiating though.

          • Kelsey says:

            So at this point, it is safe to call Suttell and Hammer and attempt to negotiate a settlement? I was weary about doing so because I have been reading that an answer must be filed before there is any further action to be taken.

            • Michael Bovee says:

              Kelsey – When it comes to settling collection accounts with debt buyers like Cach LLC, whether you have been sued or not, it really is a situation of “different strokes – for different folks”.

              There are a good many websites out there where you can read about how you should always file an answer of general denial if sued. This lets the other side know you are not part of the 90 plus percent of people who get sued for collection that ignore the process, or roll over and pay or settle. There is absolutely a benefit to doing so. But it is just not an “always” scenario. There are times where following that strategy (at least without your own experienced attorney), will lead to a severe personal time drain, and can back fire when it comes to the amount you settle for. I have an article I will be publishing with details to consider and weigh on this very topic, but it is a couple weeks out, so not much help to you now.

              Given the amount involved, and the fact that you recognize the debt and want to resolve it, and the fact that you are dealing with Suttell and Hammer; filing the general denial and then circling back to settle may not result in a lower settlement on the Cach account. If it does, it may be by a hundred dollars or so.

              If you contact them and say something like: “I got served these papers, but I do not really agree I owe this amount. I am going to speak with a consumer advocate attorney about my options, but thought I would call to see if this can just be settled right now for XXX.XX? If there is nothing to discuss, than you have preserved your right to defend it.

              • Kelsey says:

                I called and tried to negotiate a settlement, however I was unable to speak with the lawyer listed on the suit and instead spoke to a legal assistant. They were unwilling to settle for anything that I could afford, but they did offer payment plans. I would have to pay the whole balance, but it they offered an affordable monthly amount. However, I am not sure how to proceed. Should I accept? I asked about the current suit and was informed that if I entered a payment plan that all collection activity would cease. I also asked to have that in writing because I have read stories about people paying and still getting a judgement against them. I was told that they cannot do that and the only thing they could send me would be a letter saying I agreed to a payment plan and it would list the monthly payment amount. How should I proceed to ensure the suit is dismissed?

                • Michael Bovee says:

                  Kelsey – More often than not, when you enter a payment plan when you have been sued, the attorney for Cach LLC will want you to sign off on a consent or stipulation to judgment. This will not help you with the goal of getting this dismissed. Though the cost may be prohibitive, you should speak to an experienced debt collection defense attorney about additional options. Most of the type of attorney I am referring to offer no cost consults, so the price is right to learn more information. Post a comment reply with the name of a nearby larger city and I can email you some contact info.

                  You may decide to go with a payment plan, but the trade off is not ideal.

  8. Michael Bovee says:

    I am posting the following as a comment on this page from a new reader question I received, followed by my feedback:

    “IN THE LAST FEW YEARS I HAVE BEEN TRYING TO STAY CURRENT AND DID WITH MOST OF MY CARDS. BANK OF AMERICA SOLD MY DEBT TO A COMPANY CALLED CACHE, LLC. THEY WROTE IT OFF ON THEIR BOOKS.

    DO I HAVE TO PAY THIS COMPANY AND WHY BOA ALREADY GO MONEY ON MY ACCOUNT AND I DID NOT SIGN ANY AGREEMENT WITH THE COMPANY THAT PRESENTLY IS PERUSING COLLECTIONS?”

    • Michael Bovee says:

      Marianna – When you opened your Bank of America credit card you would have agreed that BofA has the right to sell transfer or assign your debt. This is normal, and the casae with nearly any credit card or loan these days. If you did not pay BofA for what is normally about 180 days, they charged off the debt (taking it from an asset on their books, and moving it to a loss). Bank of America sells charged off debts in the normal course of business. Cach LLC buys debt in the normal course of business.

      You did not have to sign an agreement with Cach. This is just how this works.

      If you want to resolve the debt now with Cach, you can often settle it for less than the balance owed. What is your goal with this account?

      • Marianna says:

        I want to settle, but sometimes these people wont settle for what I can afford. Any advise you can give me for negotiation will help.

        • Michael Bovee says:

          Marianna – How much is Cach trying to collect? What is the amount you can come up with settle with one payment? Post your answers and lets go from there.

        • Cynthia Wahl says:

          My husband received a Summons and Complaint from a Personal Injury Firm, located in Mpls. MN. We live near by. We have prepared the Answer. In MN you don’t need to file with the courts first before you have the summons served. CACH LLC is being represented by this firm. This is the second firm, they have retained. The first could not validate. The things they sent look odd, one looks copied many times and bills have no charges on them.
          The bill has grown to over 9 thousand. He did settle this or so we thought, In 229 He gave them over 11 thousand on an 18 thousand bill. The card was a Sears MasterCard, would this be Citi bank? What do you feel is going to happen to us?

          • Michael Bovee says:

            Cynthia – Given what you shared – the account was settled prior – being sued by a debt buyer who may have a tough time proving the debt etc., I would suggest you connect with an experienced collection defense attorney in Minneapolis. There are a couple of really good ones I can email you contact info for. Post a reply if you would like me to send the details along and I will.

            • Cynthia Wahl says:

              We took your advice and hired an attorney whom basically deals with bankruptcy. We have had nothing in reply as yet. From your experience you seem to feel lump sum settlement is best. What is your idea of a pay off amount?
              Thank you so much

              • Michael Bovee says:

                Settling is a good option, but when it makes sense. I am a little confused with your intention to settle, when you indicated prior that you had settled this in the past. If it were me, I would defend the suit with the goal of it being dismissed. If the cost of the defense were estimated to exceed roughly 50% of the balance being sought in collection I would then weigh the economics of settling with Cach LLC.

                • It is now September, 20, 2013, The attorney we hired answered the Summons and Complaint on the 23rd of May. NO response. Now what?
                  We are just anxious to get this done and repair the credit report. We feel, it was an error in the recording of the settlement. What can we do now?

                  • Michael Bovee says:

                    Cynthia – Court cases like this can go some time without activity. Your attorney would be the best source to answer what now. Typically the attorney for Cach LLC would have instigated discovery at this point. The case languishing since May with only an answer filed is somewhat telling, at least to me, in this type of situation. Talk with your attorney and ask what the next step is in order to get this dismissed, or moving in that direction.

                    • The Issues with CACH LLC are ongoing, We were personally served a Summons and , Complaint over a year ago, this was not a filed document with the courts. Minn.R.Civ.P. 5.04 States any action that is not filed with the court within one year of commencement against any party is deemed dismissed with prejudice. The lawyer representing us received a letter saying that CACH LLC does not intend to pursue this claim against us.
                      However, they will not remove the account from the credit report. What is their motivation? We were not taken to court because we do not own that account they were trying to collect, that is why we were not taken to court with in an appropriate time frame, now they refuse to remove it. The so called original creditor is not on the report. What should I be doing to clear this up? They are represented by a local atty. in Minneapolis, MN.
                      Cynthia

                    • Michael Bovee says:

                      If they are reporting a collection account that is legitimately not yours, file a complaint with the CFPB with all the details. Post an update with the results of that.

  9. HI!
    i was just summoned last night with papers from the desk of Micheal K Sipes from Elk Grove Ca.
    I keep seeing CACH, LLC mentioned in the above posts and that is what is stated on my paperwork as well.
    The amount owed is 2,724.80 Basically the summons says if i do not contact them within Ten days of receiving the papers that they would continue forward with a suit. There are no court dates, appearance times, or even case numbers on the paperwork i received. This is an old debt, approx 4 years old. Ive been contacted by different “law offices” about three times ranging from Ohio, to Minnesota and now California.

    i guess my question would be; Is this a scare tactic to get me to pay the total amount with 4 years of collective interest? I only owed about 800 dollars on this when i hit a very rocky financial hardship and had to pick and choose whom to pay.

    How should i respond to them? Should i bother sending a debt validation letter? should i call? try to negotiate?

    Thanks in advance for any help!
    TDR

  10. I was with a debt settlement company for almost 2 years. They settled 3 debts out of 4 so far.
    Things went haywire with the company, which now has legal problems. I ceased doing business with them, took over the 2 settlements myself that are term settlements. I have 1 debt left, a B OF A account for over $7,500.00. I found on my credit report that it is with CACH, LLC. in Colorado. I want to settle this myself and avoid paying someone fees, a lump sum settlement. What is my best course of action to take in contacting them? By phone, email, letter…etc. I haven’t received anything from them, all correspondences were with the debt negotiator. I think they may have already offered 40 percent. Am I safe to proceed on my own?

    • Michael Bovee says:

      craig – There are instances where you are better able to get the results you need in a debt settlement process by having a pro handle the negotiations, but they are few. You are not only safe proceeding on your own, you are better off doing as much of the negotiating and settling yourself. I advocate hiring a pro, even negotiators like me, only when you hit a brick wall with your own efforts, or are just not up to the task for some reason.

      I suggest connecting with them by phone. You will more than likely be referred to who ever they have the debt placed with, and can contact them to negotiate the settlement. All the normal cautions of settling your debt apply.

    • Thanks for the advice. I am dillegently saving up the funds to try and lump sum settlement.
      Doy you think in can get around 40 percent on my own. Or will they play hardball? The amount owed is like $7,700.00 with CACH.

      • Michael Bovee says:

        Targeting a 40% settlement on a debt with Cach LLC is situational. I have seen settlements that low, but have seen them higher as well. If you can tackle this before any collection action is escalated in the courts, I like your chances. It will help that the debt collector will see a couple of other debts on your credit report that are not yet settled (you are on term settlements with the others so those will not have updated as paid yet). You may want to let them know in your negotiations that you have other debts that need to be paid.

  11. Hi, Michael. Just found out that there’s a judgement against my husband for almost 5K from Michael Sipes. We found out because when I checked out the bank account, there was a hold in my funds (levy). Went to the court and found out that judgement was done in 2009, t and got a copy of the proof of service. Turned out that the summons were delivered at my mother’s address in June 2008. We were not living in this address at the time it was delivered. I’ve contacted Fullman Law firm and made a consultation appointment. What do you think is the possibilities of winning this case? And how long does the process usually take? I’m just worried that they will I won’t have funds to cover my rent and other bills for the next few month because of the bank levy. How many bank levy can they do against my husband?

    Any information would really help.

    Thank you.
    MG

    • Michael Bovee says:

      MG – From the sound of it, your goal would be to get the judgment set aside for improper service. Getting that done has its challenges this long after the judgment, but I have members that have succeeded with this by working with experienced collection defense attorneys. There is the issue of your funds that were levied from the bank account being tied up. I cannot say how long your money will be tied up. But if it is a huge concern, that could come into play with the efforts of your own attorney you work with to unravel this.

      Legitimate bank levies can reoccur until they judgment is satisfied. But the tend to happen at the beginning, middle, and end of month – when people tend to deposit pay checks.

      Until this gets worked out, you may want to look into opening an account with just your name on it, and bank through that account exclusively.

      • Thanks Michael for the quick reply. I’m really hoping to fix this problem real soon. According to the report from the court :

        “Plaintiff, or Plaintiff’s predcessor in interest, entered into a written agreement with defendants whereby credit would be extended by plaintiff …..” .They claimed the date was 2004 and they sued in May 2008. Does the SOL cover my husband in this case? Arrow Financial Services is not the original creditor, isn’t it? As far as we remember, we did not have any contact with Arrow Financial Services.

        TIMELINE:
        08/23/2013 WRIT OF EXECUTION FOR MONEY ISSUED TO ______ COUNTY IN THE AMOUNT OF $4,383.48 -

        08/23/2013 MEMORANDUM OF COSTS AFTER JUDGMENT, ACKNOWLEDGMENT OF CREDIT & DECLARATION OF ACCRUED INTEREST FILED BY LVNV FUNDING, LLC. INTEREST IN THE AMOUNT OF $1,359.15, COSTS IN THE AMOUNT OF $0.00 — -
        Submit

        08/23/2013 — CREDITS IN THE AMOUNT OF $0.00. -

        08/23/2013 ASSIGNMENT OF JUDGMENT TO LVNV FUNDING, LLC FILED -
        Submit

        02/15/2012 SUBSTITUTION OF ATTORNEY FILED. FORMER ATTORNEY FLINT C ZIDE REMOVED AS TO ARROW FINANCIAL SERVICES LLC AND REPLACED WITH ATTORNEY MARK D WALSH. -

        01/13/2009 DECLARATION FOR ACCRUED INTEREST IN THE AMOUNT OF $797.44 FILED -

        01/13/2009 DECLARATION PURSUANT TO CCP 1033(B) FILED BY ARROW FINANCIAL SERVICES LLC -

        01/13/2009 JUDGMENT AFTER DEFAULT BY CLERK ENTERED ON 01/13/09 AS FOLLOWS: -

        01/13/2009 REQUEST FOR DISMISSAL OF DOES/ROES ON THE COMPLAINT FILED 05/05/2008 OF ARROW FINANCIAL SERVICES LLC WITHOUT PREJUDICE FILED AND ENTERED. -

        01/13/2009 REQUEST FOR DEFAULT FILED AND DEFAULT ENTERED ON COMPLAINT FILED 05/05/2008 OF ARROW FINANCIAL SERVICES LLC AS TO _____

        01/13/2009 DEFAULT ENTERED AS TO ______ -

        01/13/2009 DECLARATION RE: WAIVER OF INTEREST EXCESS OF 10% AND ATTORNEYS FEES FILED BY ARROW FINANCIAL SERVICES LLC -

        07/18/2008 PROOF OF SERVICE (SUB-SERVICE) OF SUMMONS AND COMPLAINT FILED

        05/05/2008 OF ARROW FINANCIAL SERVICES LLC AS TO ______, BY SUB-SERVING MOTHER IN LAW. MAILING DATE OF 06/26/08. -

        05/05/2008 (L) COMPLAINT FILED – PRAYER AMOUNT $10,000.00 OR LESS. -
        Submit
        Minutes
        Receipt: 080506-0011 $180.00

        N 05/05/2008 CIVIL CASE COVERSHEET RECEIVED -
        Submit
        N 05/05/2008 30 DAY SUMMONS, ISSUED AND FILED.

  12. In 2010, my world was turned upside down because of a job layoff. i struggled to make ends meet with a child in middle school being bullied. I tried my best during that time and luckily enough my old job called me to hire me back again. for the last 1 & 1/2 I am trying to get things back in order and show support my son now in high school. This week, I just returned from a so called vacation and my employer told me that they had received an Earnings Withholding Order for me. I went to see our HR in her office and she told me that while i was away on vacation they had received the paperwork. she was not sure what I was suppose to get a copy of so in turn she copied everything for me. When I looked it over is had my old address from a rental home that was foreclosed on while we were under a rental agreement. The information states that the plaintiff is CACH, LLC and the attorney is Law Offices of Michael K. Sipes in Elk Grove, CA. Several few months ago I received paperwork from them given to me by our lobby receptionist regarding a lawsuit. She detailed to me that the man threw the paper at her and demand she take it. I was not in the office that day because I had been ill. she told me the man was quite rude and was not discreet about why he was there. Is that a common practice, Intimidation?
    I thought there were steps in between that needed to be taken prior to an Earning Withholding Order? were those bypassed on purpose?
    Friends have advise me to file Bankruptcy, but I actually have paid off 1 credit card because they actually took the time to work with me when I wrote them a letter. Unfortunately, due to my monthly expenses I could afford to pay all of them simultaneously. I am still in good standings with 3-5 creditors, but others not so great. I have received offers to settle some of those other creditors for less than the full balance, Should I take those offers or work with the collection agencies?
    I am totally unsure how to deal with the wage garnishment. The amount of the EWO is $6655.81. I was informed today that the wage garnishment is each payday that is $420 x 2 payday/month=$840/month. It may not sounds like a lot based on the 25% rule. I commute to work everyday in bay area traffic 40 miles away from where live now. That’s $420 is what I spend in gas & toll alone in a month. My car broke down the week before, my stress level has hit it’s all time highest and my health seems to be getting worse with migraine headaches everyday this month…I think its safe to say that September isn’t my good month this year.
    Can I salvage myself with filing Bankruptcy chapter 7 or work with the creditors and get a DMP started with a credit counseling agency?

    • Michael Bovee says:

      Marilyn – Collectors and precess servers do tend to have attitudes. Sorry to hear that happened at work.

      There are several steps between getting served a lawsuit from Cach LLC to having your wages garnished. You generally have to be a participant in the process by filing an answer to the complaint and engaging with the Sipes collection law firm from there. Did you file an answer to the complaint?

      You do have the ability to contest the garnishment with the court by requesting a hearing to show how you meet exemptions to some, or all of your pay be taken to satisfy the judgment. You have to instigate this process. The paperwork you got from your employer should include instructions on how to do that. If not, call the court and ask how you can proceed with requesting a hearing to contest the garnishment.

      If you cannot get a reduction in the garnishment, or enough of one to allow you to meet all of your monthly bills, than yes, chapter 7 would provide immediate relief from the garnishment, and discharge your other unsecured debts. In fact, you may want to file chapter 7 and get the fresh start it sound like you could use right now, regardless of the whether you are fully, partially, or non garnish-able. You can call 877-278-8117 for a free bankruptcy consult to get a feel for what that will mean for you.

      With the stress that comes from this, and the affects to your health, just focus on the solutions and take steps toward that. If it were me, I would file for the garnishment hearing and have the bankruptcy consult before going.

      • I literally just got the info this week 9/16 but its states it was signed on the 9/4. So I don’t know why the time limit is. Also I live in Solano county an this was signed in alameda county but stamped in solano county. So that’s contradicted.

        • Michael Bovee says:

          Are you saying you were sued in a county you do not live in? That is a problem in and of itself. I am going to encourage you to speak with a consumer law attorney, one who has experience with defending against collection actions. I will email you some contact info after this comment. Consults are usually free with this type of attorney.

          • I am unsure the paperwork in itself looks really unprofessional per my HR personnel. It’s states Solano County but says my employer must send the Wage Garnishments to Alameda county sheriff with te address scratched off and written in.
            Thank you

            • I contacted your referral but don’t have the means to employ ther assistance. Being a single parent living paycheck to paycheck and no permanent residence. Do you have any advice on how to handle on my own? Should I call the attorney and advise of my situation?

              • Michael Bovee says:

                Marilyn – You can call the attorney, but I do not hold much hope that it will result in something like a more affordable payment. With a pending garnishment, unless that is refused, the incentive is just not there. I am going to send you an email with an additional resource you can look into for direct help, or for detailed instruction on how to help yourself through this situation.

  13. I was checking my credit score last month when I noticed a open collections from CACH LLC for 7$, thats right 7$. I have NO idea who this comp is or who the supposed original creditor. it was not there 2 months ago. I have not received any calls, letters in the mail NOTHING asking for this HUGE amount of 7$. how do I remove this collection, or find out how it got there, no info is listed on my report other than it saying CACH LLC and amount owed 7$. I just want to pay this IF I have to OR have it removed.

    any help is greatly appreciated
    Scott

    • Michael Bovee says:

      Scott – That really sucks to have on there over 7 bucks. I would contact Cach LLC directly and inquire what the account is all about first. Please do let me know what you learn in a comment reply, and I can offer more feedback from there.

  14. My wife and i just got documents from a process server today. Its for a debt that was a current account and arbitrarily closed by the lender. We had the credit card set up on auto pay and then one day it was closed. No one at wells fargo could say why. We had just short sold our home as we needed to move from NV to TX. Now in TX we got one nasty call referencing a debt that the caller would not go into detail. The next contact came as the server. The document enclosed has an old credit card statement showing us current and stating the next autopayment will be subtracted from your account will be on 1/5/2012. This debt was finally charged off by wells fargo and no one there could still explain why our current account was closed nor could the explain why it was reported negatively to our credit after they closed it.

    Now we have these documents and no desire to pay for legal fees but will settle the debt as we had intended to pay the card from the beginning. What can we do?

    • Michael Bovee says:

      Karl – How much is the balance being collected on? How much can you pull together to settle this in one lump sum?

      • The docs say $13,733. I can pull together $5500 in a couple of days. I still don’t understand why I’m at fault when my card was closed by WF for no reason and with no explanation.

        • Michael Bovee says:

          Karl – You will want to consider filing an answer to the complaint in order to settle for that amount you can pull together. It is possible to settle that low without showing you are going to fight them, but generally speaking, settlements under 50% are the result of showing a sincere hardship and limited income situation, or defending.

          I do suggest working with your own attorney to prepare and file your response to the lawsuit. You will want to connect with someone whose practice focuses on debt collector defenses. You can send me an email (use the address you get these comment notifications from), with the name of a nearby larger city. I will send contact info for the attorneys I find closest to you.

          While it is Wells Fargo that stopped your auto payments, it would be argued that you are still responsible for your credit card payments, and for the debt. If Wells had not already sold the debt to Cach LLC, or to someone else who sold it to Cach, you could probably have worked through this differently. But it is what it is at this point.

  15. Not long ago we were served with papers regarding a $14,000 debt owned by Cache LLC.
    It required an answer within 30 days and, unable to afford an attorney, we filed an answer with the clerk of court admitting the debt since the intent was to pay it off from the begining.
    However, after finding all of this information on your page and in these comments we are unsure if we did the right thing. What now? We have called the attorney listed on the papers we were served and he offered a settlement of $11,000 and gave a name of a loan company that could probably get us that ammount to make the settlement.
    We are not really able to afford having wages garnished, bank accounts levied, etc as we have four children and live paycheck to paycheck as it is.
    What do you reccomend? Should we just simply take a loan and make the settlement? We have NO funds available for a lawyer.

    • Michael Bovee says:

      Shae – Thanks for the clarity. I just responded to your comment on the other page dedicated to Cach LLC.

      I would not have suggested filing an answer admitting to the debt, but it is okay that you did that. You have always intended to pay this, so getting affordable terms is what this will likely result in. Before you take out any loan, take a look at your monthly budget. What can you afford with confidence to put toward this debt? Post your response and lets go from there.

  16. I just got someone at home ask for me I was not home they just put the papers on chair outside door, I have had most of my work gone do to just no work in these time. I get SS each month and try and find work, I have tried to get my credits to take 10 or 20.00 each month no deal no being being taken to court by Cach LLC in Cal. I don’t know who the bill is from just notes to find all this papers I have to file out after I find them at the court, can I call them and talk with them about payments with out court??? thank you , Mary

    • Michael Bovee says:

      Mary – You can call and set up payments with the attorney Cach LLC hired to sue you. You may end up signing a consent or stipulation to judgment as part of that process. Before you do that, you may want to consider a couple of other ways to approach this.

      What is the amount you are being sued for?
      Is it possible to pool together roughly half of what they are suing for as an offer to settle this before it goes an further?
      If you needed time to raise the money to settle, how much time?

      • Michael Bovee ,
        thank you the paper work says for $3,272.00 I don’t see who or what company the money is from , I can’t get 1/2 of it as of now for this month I have 226.00 to my name tell SS paid on the 25 th and that is only 822.00 I have being on xamax for a Panic Attacks , the person that filed on me is Gloria Zarco
        Neuheisel Law Firm PC , 2277 Fair Oaks Blvd., Suite 305a, Sacramento, Ca 95825 Not with Cach LLC , should that have tried call me or or write me first ?? this is the first thing I have got from them . Thank you , Mary

        • Michael Bovee says:

          Thanks for the additional detail Mary. It is common for collectors to call and send collection notices prior to suing. The attorneys Cach LLC places debts with will also typically send a collection notice first, before filing a lawsuit to collect. But, as happened here, that is not always the case.

          You are not in good shape to settle this for a lump sum before the case moves forward. Your income is limited to social security that cannot be garnished. And if SSI is the only source of money in your bank account, it cannot be levied. Do you have a home, or other property?

          You could file an answer and defend the case with the intention that you are drawing this out in order to gather the money to settle, or seriously consider defending this to the point you get it dismissed. I would encourage you to look to a local low income legal aid office who can assist you with this.

          Do you have other debts out there that are unpaid?

          • Michael Bovee
            thank you for answering back I do massage work so I made about to 500.0 to 600.00 more a month , I have others yes I have talk with all and no one wishing to get 10,00 to 20.00 a month but I send it each month . I know I have to pay them back , I did not know the job life of your own business would got upside down, I have had to get business that I work at to ope the door to get my t hings out. I turned my house over to boys years ago they life there together to made it , I thank you for your help I’ll try calling them and see if we can work something out month to month , Mary

  17. I have received a letter from J.A. Cambece stating that they are collectingthe debt owed to CACH, LLC for &21,000. I know that I do owe this to MBNA. Last summer I was working with a different firm (Sterling and Sterling). I offered to pay them $5,000 in a lump sum but I was just yelled at and told that I was extremely uncooperative and never heard from them again. ( this 5,000 is a real stretch for me) Any way now it’s in a new outfit’s hands. From all that I have gleaned from the internet, I have learned that I should ask for a debt validation. I do want to try to settle this but I have limited funds.

    Your Question

    What is my best course of action? Do you have a recommendation for a lawyer in my area? Las Cruces, NM Thank you

    • Michael Bovee says:

      Maureen – How long ago was it that you made a payment to either MBNA, or Bank of America (BofA absorbed MBNA credit cards several years ago)? I want to establish whether you can still legitimately be sued for collection in New Mexico. If you cannot be sued, you have better odds of getting a settlement with the JA Cambece firm for that low, and can probably avoid the additional cost of working with your own attorney. If you can still be sued, my feedback will be different.

      • Hello Michael, Thank you for responding. I can’t remember when I made the last payment. I think that it was a couple of years ago. So, I guess the statute of limitations won’t apply to me.

        • Michael Bovee says:

          maureen – The SOL has either passed, or is still a concern. In either case it most certainly applies to how you approach this. Do you have a recent copy of your credit report? Look on there to see when MBNA or Bank of America shows the date you last made a payment. Let me know what you find.

          • Michael, My last payment was made August 2012, so it’s not quite 2 years ago.

            • Michael Bovee says:

              Thanks. With a 4 year SOL on credit card debt in New Mexico you still have to be concerned with being sued. You already mentioned the amount of money you can come up with to settle this, and in the right set of circumstances (being able to negotiate for that based on hardships), it is possible. But assume for a moment you start the negotiation and they dig in at 7 or 8k to settle. Are there any other means to raise what you are light? I am asking because I think it will come to needing to raise a little more than what you can pool together right now, unless you have a compelling hardship.

              • Thank you for your response. The hardship that I have is that I’m broke. I live from pay check to pay check. I know that this is not really a hardship. It’s just hard. That 5k is all the money I have. I might be able to come up with a little more in a few months. Right now I’m just trying to hold on to my house and get my son out of school. Anyway that’s all I have for right now. Thanks for helping.

  18. Help!
    So, I had a letter sent to me to be collected by an attorney, but it was in conjunction with Cach Lc. I called them telling them I wanted to pay for it and make payments, but the lady I talked to was very rude. She said that this was a collection agency and would not be able to do that, but then turned around later and said she could. Then I asked that once I pay in full that they would contact the Credit Beureu and she said that they don’t do that. They would send me the letter and I would have to do that myself. Is this legit? I was so apprehensive that I decided to send in a Validation letter (also, it says that if I don’t send it in 30 days that it is considered Valid…I think I was a few days late). I’m now waiting for the validation, but I haven’t heard anything from them. I don’t want to get sued. I just want to pay the thing off. Since I had a bad experience I’m scared to call back the office. Can’t I just call Cach or do I have to call the attorney back?

    • Michael Bovee says:

      Jennifer – Who was the original creditor for the account that Cach LLC is now collecting? You can call the creditor and ask them who they sold the account to. If they answersomeone different than Cach, post an update comment.

      If Cach LLC is showing up on your credit report now, and you were to pay that debt off, they are required to update credit reporting agencies to reflect only accurate, complete, and up to date information. I am not sure why the woman you spoke to said they do not do that. They have an obligation to. But it is true that you can take the proof of agreement and evidence of payment and dispute with the credit bureaus yourself to get something wrong corrected.

      Cach LLC often uses a network of collection attorneys. The woman you spoke to being with an outside agency, who is not furnishing info to the credit agencies, would not be able to change anything, but Cach should.

  19. I’m in a pretty similar situation. My husband and I were both without jobs for awhile and couldn’t pay on a credit card with GE credit. I told them when we obtained employment we would being paying again. It was about 6 months. It was apparently sold to Cach LLC and we’ve received a letter with a debt amount that is considerably more than the last owed, almost double at $1,600. We can’t pay that, maybe a percentage or I’m going to have to set up payments. What I’d like to know is can I send money orders? I don’t want to send them a check or give them a debit card number over the phone. I don’t trust them to only take what I would agree to. What’s the best way to handle it? I’m assuming I would wait to being payments until I receive a payment agreement in the mail. If I’m making payments on it can they still take me to court or freeze my bank account?

    • Michael Bovee says:

      Dee – If you agree to make payments to Cach, or settle by agreeing to a few payments, you are far less likely to be sued if your file has not progressed to a court action to collect already. You should never assume anything when dealing with a collection account. Always get everything documented in writing, or even recorded from a telephone conversation that everyone knows is being recorded and why.

      I am not a fan of money orders, and certainly not ones that are issued by anyone other than your bank. Too hard to track, get copies of clear funds etc., if ever needed. If you have a day or 2 of time to plan ahead, follow the outline for settling and paying a debt collector I talk about here.

      I understand the concerns with paying from your normal family bank account, and that is one reason I recommend using a different bank account. But legitimate debt collectors absconding with money in today’s collection environment, especially if amounts and dates of payments are outlined in writing before hand, and that schedule is kept to, is just not the concern it once was.

      What percentage can you come up with to offer in a single lump sum settlement to Cach?

  20. Gloria Lee says:

    My 80 yr old mother received a letter from cache llc/ cabece law firm for bank of america credit card debt of 7500. I was an authorized user on my moms account and was not able to pay debt due to job loss at the time back in 2010. I wrote them requesting to validate debt. We received letter back with a copy of bank of america statements with last statement dated August 2010 and bill of sale and assignment of loans dated Sep 23, 2010 from FIA card seevices. My mom receives social security and living in her home with a reverse mortgage on it and upside down loan. What is the best option to take in dealing with cache and cambece law firm. Shall I seek out debt collection defense attorney in Atlanta, Ga. or try to settle debt?

  21. Hi Michael,
    I am again being sued by another company for another credit card that I was not able to pay. There was a company that was threatening me at my job by calling all over the company to get to me. I asked for their name and number and they stated that cannot give it out. Told me I had a 2 hour window to call the collection company or they would inform my employer of me being sued. I called the collection company while on break to speak with them. During my lunch hour called and spoke with the collection company further and they said I needed to pay $4405.55 plus $2ooo in fees. i explained my situation and that I don’t have the means to pay that and they said I could settle for $3800 + $2000 fees. They put a 24 hour hold on my case. They said It looks like I’m paying on other cards and have good standings. Which is true but I pay maybe $50 a month which is what I can afford. Now I’m stuck on what to do. I tried seeking help from a lawyer but I don’t even have money to put a roof over my child’s head. I have chosen to pay the bills I have rather that have a place to call home. What more can I do?

    • Michael Bovee says:

      Marilyn – Legitimate debt collectors do not call all over your company, or refuse to identify themselves. I am concerned that you are being harassed in a debt collection scam. I would encourage you to file a complaint with whatever information you can get (phone number, company name, etc) with the CFPB and your attorney general. I would do that, and I would also let them know you are onto them if you talk to them again.

      • They called over my work place’s automated phone lines telling people that I’m being sued and that they want to talk to my supervisor / superior about it. I asked there information and they claimed to be private and don’t give out their phone number. So I don’t know who to file the complaint against the collection agency or what not

        • Michael Bovee says:

          That makes it tough to file right now, but try to get them to give any useful information when they call again. If it were me in your shoes, and suspecting they are in all likelihood a debt collection scam, or a debt collector willing to violate consumer protection laws, I would have no problem playing what ever role I needed to, but that is me. Most people just want the calls to stop. Letting them know you currently see them as a scam and our going to contact the authorities would translate as “no money to scam here – move onto next target”, at least in most instances.

        • I am not trying to not pay my debt. But I called back the comp at to try and resolve something and the man I spoke with yesterday yelled and said they tried to offer me a $1400 down payment and $75/month. I know that was never spoke about as they advised me to use someone else’s credit card to pay them. The man yelled at me and told me things he never said yesterday in speaking with him and then he hung up on me just now. He said what wa offered yesterday doesn’t existed but nothing to help was offered at all. They will continue to bother me at work because someone said I was a full time employee. Will I lose my only means of a job because they people are harassing me at work. I stated I cannot be bothered at work and he said yes I can.

          • Michael Bovee says:

            Marilyn – What was the exact phone number you called? What are any other phone numbers you are aware of that they have called from, or given as a way to reach them?

            You do not have to listen to me on this, and I highly recommend you contact an attorney with FDCPA experience, but this is not about whether or not you have been trying to, or will later try to, pay back past debts you could not afford. Based on what you have shared in these comments, you are being victimized.

            • It’s seem like the same guy but he seems to have all different names… scott called me yesterday and said he was a private company that does give there number. Scott told me to call 714-975-7610 to resolve the issue. Scott said I had 2 hours to handle or someone will come to my work place. I stars then I cannot be handle at work. He said he spoke with an advocate from my work place. No one has any info regarding his call. I called the nber and got transferred 2 times then finally got a Greg. Who in the middle of the conversation… Said several times hello hello hello while I was talking then hung up. I had to call back and got him directly when I called the 7610 number. He said call back at 714-415-3043 on my lunch break and the would work with me. Ask for Greg or a Mr. Ledger. I called on my lunch break and spoke to Mr. Ledger who said pay either $4000+ or settle for $3000+. He put a 24hr hold on my case.
              I called 714-415-3043 this morning break explaining my financial situation. The guy on the other line was angry and said he didn’t car and if I had the payment. He said I was offered solutions. I explained that Mr.Ledger out a hold but I was not able to come up with $3000. He proceeded to take over me and said he would end the call. I detailed for the first time an offer of $1421 down & $75/month. He said it was noted in my case file. I told him that was not even spoken about yesterday and asked of me. He said that I was given many chances to pay. I explained this was only my second call and Mr. Ledger or Greg sounded like they wanted to help. He explained I needed to pay and they only said such things to communicate and ” start the clock over”.
              The guy said he will give me another 24hrs to try to some body’s money for his client. I asked for his name and he said he spoke with me yesterday his name was Scott Ledger and whatever was spoken about yesterday is not today. I begged that they not go to my job with the issue as I could get fired over disturbance in the work place. He said they can do what they want and my job could not fired me for it. Then he hung up on me while I was in mid sentence. I am still shaking from the call. I got sick to my stomach over the whole ordeal. I vomited out of shock.

              • They have also called from a 855-472-7610 to my child’s cell phone number.

              • Michael Bovee says:

                Online references to 714-975-7610 that I found relate the number to a collection company, Central Credit Services, in Santa Ana California. I am unable to tie in the 3043 number to anything solid.

                The names and phone numbers would be what I start with in my complaints to the California AG (and your own), and the CFPB. I would be as detailed as possible about all calls and what was said.

                File your complaint with the California Attorney General: http://oag.ca.gov/contact/consumer-complaint-against-business-or-company

                File your complaint with the CFPB: http://www.consumerfinance.gov/complaint/#debt-collection

                I am very sorry you went through that Marilyn. You should not put yourself in that position again. The next phone call you make should be to an attorney with debt collection violation experience. You can send an email reply back to one of the emails you get with comment notifications from this site and include the name of a nearby city. Those emails all come to me. I will respond with contact info to the attorneys I find, if I do not already know of one.

                I would not pay these people a dime, nor would I listen to a single word they say.

  22. I have been contacted by the Law Office of Joe Pezzuto (Arizona) who is working for CACH for a prior HSBC Card (sold to Capital One) after receiving several letters to offer a reduction. I called as I am in the position to offer a settlement. I talked to Steven Boyce who insisted that they will confirm debt settlement via email for 50% reduction which I am very happy about. However, he insists that I will need to immediately call and authorization electronic payment. I am not comfortable with this. Can they take more than the emailed agreement states? I have read such bad press regarding their practices and changing agreement amounts, etc. Should I open a separate bank account for these settlements?

    • Michael Bovee says:

      Michelle – I highly recommend setting up a different account for paying settlements. Read more about why here. Having said that, if you have an email with an attached settlement agreement on the law firms letterhead, you are not at much risk of following through with the payment, if made on time. Not with the heightened awareness of debt collections that exists today, and when working with a legitimate collection firm.

      Congratulations on the 50% settlement!

  23. Hi Micheal, let me first say thank you for answering everyone’s questions. It’s nice to get quick advice for these sort of things. It’s appreciated.

    I’m being sued by CACH / Mandarich for two unpaid debts. I just received my summons today and I have 30 days to respond. Having been injured I’ve been unable to keep up with the payments. Between the two accounts the debt totals in at about $9,000. I’m currently a self employed worker, 1099 and all and only made 7,000 last year. I work seasonally and wouldn’t be able to set up a monthly payment plan nor would I be able to afford it.

    Having just received my tax return I was curious what you suggest during my first contact with them. I noticed you mentioned the possibility of another firm settling at 60% of what’s owed, have you known Mandarich to settle for this amount? This would use up my entire tax refund but I’m okay with that. I expect to be high balled and for them to be unsympathetic toward my inability to make monthly payments. I know these sales guys don’t like taking the first offer, should my first offer be much lower than what I have? Again my debt is for about 9,000 and I could have nearly 5,400 by the end of the month. I just want this to be over and any tips you can give that would help work out a good settlement percentage would help. Thank you!

    • Michael Bovee says:

      Konner – If I were in your shoes I would prepare to do a couple of things.

      1. I would want to be ready to file a well put together answer to the complaint with the court. This process is not really complicated, but it must be done to court specification, and if you have never done it before (the vast majority of us have not), it may seem a daunting task for some.

      2. I would probably call the Mandarich collection firm, and without really saying much, set the ground work for negotiation. Something like – “I received a summons the other day that your client, a debt buyer by the name of Cach LLC, is suing me. I have some real questions about all of this, but before I retain an experience debt defense attorney, I would like to compare the cost of that with what your client will accept as a settlement. But I can tell you right now, I am a seasonal worker, unemployed now, and only made 7k last year. All I can offer is like 3k that I can round up in the next couple weeks. Either your client wants that, or the attorney I will retain to get to the bottom of all this will”.

      That is all stuff I might/might not say if I were in your shoes. I really do think you should talk with an experienced debt defense attorney first. The cost to get help in defending this could be way less than 3k, I only threw that out there as an example, and a number you may actually be able to get them to settle for, but should realistically be prepared to pay a higher amount.

      I can send you contact info to attorneys with the experience you need. Most offer an initial consult at no cost, so calling one or more just makes sense. Post the name of a nearby large city, and I will email that info to you.

      Depending on how things progress in #2, I may jump right to filing the answer with help of counsel.

      Depending on the circumstance, I may just work with #1, and not hit any part of #2 until after my answer is filed with the court, and a week or so has gone by since Mandarich and Cach got served my answer. Doing it this way has led to a more reasonable settlement for some.

      Also know that experienced consumer law attorneys, who regularly deal with debt defense cases like this, do get them dismissed. That is not an unreasonable goal to have when being sued by a debt buyer, at least not in the current collection environment.

      • Thank you. I’ve contacted them and explained my situation. They have told me the lowest they can go which is much more than I make in a year. To go lower they would have to speak to their client and to do that I would have to proceed in court with an answer and they would have to possibly to speak to my attorney. The amount went up too by about $3,000 due to court costs and 9% interest per year. This is a nightmare. You mentioned it *might* cost way less than $3,000 to retain a debt lawyer? Do you have an idea if it’s worth it to me to hire an attorney for $11,000 debt if I’ll only have roughly $4,500 total for both the attorney and debt settlement? I guess that’s a question for the attorney but hearing a third party perspective would be nice.

        I’d love to hear if you know of any defense lawyers in Portland Oregon.

        Thank you,

        Konner

        • Michael Bovee says:

          Each case is different, so hard to say what the attorney would cost. Some will flat rate a case based on the amount of the overall debt, some charge an estimate of hours they figure it will take. But I do think you can fight the lawsuit to dismissal for the cost of your attorney with good odds of success.

          I will email you a couple of attorneys in the Portland area to consult with. Both have the experience you would want.

  24. hello michael
    i recently became aware of an amount thats was sent to collections of $358.00. i had no idea this was on my credit report. i have worked very hard getting my credit score up there . This bothers me bc i do not remeber getting info on this. What are my first steps in trying to resolve this?
    thank you very much

    • Michael Bovee says:

      deana – What type of account, and who is the original creditor? If a debt collector is shows on your credit, who? When was the last time you paid this account? If by not remembering this, do you mean you thought it paid, may not even be yours, other?

  25. We recently found a notice posted on our door from ABC Legal Services asking us to schedule delivery of a package. We have reason to believe these papers have something to do with a credit card debt of $14,000 owed to Bank of America, subsequently sold to CACH LLC. We have not received correspondence or been notified by CACH LLC, however, we noticed there was a inquiry by Mandarich Law Group LLP in January, 2014 on our credit report. (by the way, we have not called them to schedule delivery) Although we have not had correspondence from CACH LLC, we did get monthly calls last year from a law firm in Colorado. They finally quit calling after the caller agreed it was not in their best interest to continue to pursue collection. We believe this may have been the Law Firm of Allan Smit.

    My husband lost his job in January, 2010 due to the economy and we ended up short selling 2 homes and defaulting on 4 credit cards. We have negotiated settlements on three of the cards, leaving this one card. My husband and I both retired in 2013 and now live on a limited retirement income. We are able to make bills, rent and have 300 or 400 left each month for extras. The only assets we have are 2 cars (2005 & 2006, total value $40) and our household furnishings.

    My question: If this went to court, what is the worst case senerio? Can they garnish our retirement funds? Can they seize our vehicles? We have a $7,000 retirement account we will begin receiving monthly payments of $100 from in July. Can this be garnished? If they were to be awarded a judgement, how long is a judgement good for? We do not have the funds to purchase property or do not plan on selling our vehicles for several years to come so payment on a judgement would be many years down the road.

    Bottom line: We don’t have a pot of money stashed to settle this account and we don’t want to get locked into a payment settlement at our age when it would take years to pay it off. (what happens if one of us dies or becomes seriously ill. We can’t afford health or life insurance.) We can only possibly come up with $1,000 cash at this time.

    Should we seek help from an attorney or try to negotiate some sort of settlement on our own. Help! My wife is making herself sick over worry about this.

    • Michael Bovee says:

      Jeff – It sounds like you are, or are nearly, uncollectable.

      If you post the state you are in I can help you understand what of your limited assets are protected from judgment creditors.

  26. Priscilla says:

    My former lawyer file a judgement on my property for not paying the bill of costs on a divorce precedings. Never received any money from the ex husband who supposedly be paying me child support for 2 kids since 2008 and all other cost pursuant to Rule 31(5)c of the Family Law Rules.To date I have never received any fund from him. I have a statement from the FRO -Family Responsibility Office of the amount owing. How do I get rid of the judgment?It’s just been filed today.
    Sincerely,
    P

    • Michael Bovee says:

      Priscilla – A judgment in court can be gotten rid of, but for specific reasons and through the formal court process. In other words, you are best served by hiring an attorney to undo the judgment from your former attorney.

      Can you afford some form of payment arrangement?

  27. francisco says:

    I am writing on behalf of my daughter since she doesn’t speak or write English.
    My daughter just received a notification that a sue has been filed in a Trial Court as an effort from CACH, LLC to collect $1050.47. CACH has hired the Legal Services of Maza & Associates, a law firm dedicated to collections, which at the same time receives counseling from another law firm named Federated Law Group based in Florida. Is this possible?
    Payments were interrupted because my daughter was ceased from her job. She is now unemployed, divorced, with no income to sustain herself or her daughter. She had talk to these people via telephone. She has explained them her situation, but still they went up and sued her. My daughter acknowledge there is an unpaid balance, although not as much as they indicated. She wants to settle it.
    What course of actions do you suggest? What can she do before this sue? What can she do before the hearing takes place? How to deal with CACH representatives?
    Awaiting your advise with interest.

    • Michael Bovee says:

      francisco – Ideally she would want to get advice from an experienced debt defense attorney now that she has been sued by Cach. Settling at this stage of collection is normal. She will need to come up with 50% or more of the balance though (probably more). Is that a possibility?

  28. I received a notice of hearing the plaintiff is CACH,LLC and their Attorney is Alex McClure, Esq. This is in Pasco County, Florida. The hearing is set for May 16, 2014. I am finish up my Bachelor’s this spring and entering Grad school in the Summer. I live on loans alone. I am currently on welfare. I am a single mother of one child. What do you suggest? I am over my head with student loans.

    • Michael Bovee says:

      ng – Is this the summons and complaint you were served with? What is the hearing about?

      My first suggestion will be to get legal advice. It sounds like you would qualify for low income legal aid, so look for an office near you to speak with about what your options are dealing with Cach, and Alex McLure the collection attorney.

  29. 1. Is it necessary to seek legal advice on a $700 debt that CACHE has sent documents to prove its owed or just go ahead and pay it because the lawyer is requesting $500 to get the case and then try and get a reduction of the debt?
    2. Is it worth seeking a settlement % (percentage) I am intending to request a 40% reduction and pay debt in full if agreed

    Please advice

  30. Mr. Bovee,
    Great advice you’ve been giving to everyone. You have a lot of knowledge on the matter. I’ve recently paid a debt amount in full with the same Arizona Law office working for CACH LLC. I’m currently overseas and recieved the notification about the collection via email from my Mother which they called repeatedly. I didn’t realize that I could have possibly been sued until I read this blog. My question/concern is that when I talked to the company over the phone they took my full (1-time) payment of $1,322.99 through a check and agreed to email me the proof as soon as the check clears since I’m not in the states to recive mail at the moment. But they didn’t advise me if there were any extra fees, etc.
    I didn’t realize this was something I needed to ask about until I read everyone’s story above. I’ve already contacted my bank and advised them of the situation and the exact amount that will be deducted from my account. They individual from the debt company also kept stating that the call was being recorded and 2 individuals acknowledged that I was paying the full amount and that I would be sent a confirmation number as soon as the check is cleared. I have names and contact numbers. Should I call back to get more validation before the check clears? Sorry about the long message. Thanks in advance.

    • Michael Bovee says:

      John – What validation are you seeking from Cach? Is it information about the original debt itself? Is it validation that this payment resolves the debt?

      • Thanks for the reply. Validation that the paymeny is resolved. Like I previously mentioned, I’m out of the states right now and have been for awhile. I haven’t been home to recieve any documentation stating that I was sued or had to appear in court. It wouldn’t have been possible with me working abroad. I recieved an email from my Mother with the number to call because individuals kept calling her looking for me over debt. I acknowledge the debt, so I stayed up just to make sure I returned their call and pay the full amount. What I didn’t know until I read this great site is that I could have been sued and possibly have missed a mandatory court appereance. I’ve already agreed to pay the full amount they gave me. (The check is still processing) But I return home in about 2 more months and I’m hoping to avoid getting suprised with any new, unexpected court fees or something else that the Law office failed to mention. So my question really is, should I put a hold on the check before it clears and make sure that ALL fees, charges, etc are either handled or dismissed with this full 1 time payment? Like I mentioned before, I just got the message via email and immediately called the company when it opened for business to make a full payment. I will recieve a comfirmation number and email when they recieve the payment. Apologize for the extended email and late response. The time difference is a little tricky when you’re on the other side of the globe. Thanks again Mr. Bovee.

        • Michael Bovee says:

          John – It is always best to get the details outlined in writing before remitting payment. That said, you are probably okay. If the documentation does not come in, it may not mean the deal with Cach fell off the rails, or that they are going to try to bite you for extra money in fees etc. But you would call and remind them that they said they would send it, and you have not received anything.

          Make notes of everything that occurred from start to finish. Even pull a free copy of your credit report from http://www.annualcreditreport.com. If something does go amiss, post an update and lets go from there. Your notes, made while everything is fresh in your memory, will come in handy.

          I am not sure how much easier you will be if cancelling the deal (if you even can at this point), and then not remitting payment until you get everything in writing from the Cach attorney. An alternative is always calling them and discussing all of the details of the deal, and recording that call (let them know you are recording and why).

          Were you sued? I did not think so from the first comment, but the implication that you were is in this one.

  31. I received a letter stating that a lawsuit was filed against me. I never received any letter or form. I went on the internet and found the form which was never sent to me. It stated it was filed by fax to the San Mateo County court but I haven’t received anything. The form stated NEUHEISEL Law Firm, P.C. are the attorneys for CACH, LLC. The original creditor is GE Money Bank. I would like to settle this account. Do I call CACH to settle or the law firm?

    I didn’t know I had an outstanding account and have not received anything. I was having the monthly payments taken out of my account, but did not realize I was supposed to pay the entire balance after one year. I thought payments were still happening until the balance was paid. I am willing to settle, but what steps should I take?

    Thank you for any help you can give me.

    • Michael Bovee says:

      You would call the attorney working for Cach to arrange a pay off.

      How much is the balance owed as of today?

  32. CACH in March of 2011 sent me a letter,( I reside in Mississippi ) for a debt they stated I owed them. I didn’t reply to them knowing I have never had any business dealings with this company. Now I have a judgement for 15k plus and I am unable to purchase a house until this is settled. The debt was Nissan Motor Company, I co-signed for my girl friend a car she failed to pay for it. The following year the car was repossessed. Nissan Motor credit sold at auction and wrote off the balance of the debt. Now I have to deal with CACH. What options do I have ?

    • Michael Bovee says:

      Unless there is something wrong with how or where they sued you (you or your girlfriend never knew about it etc), settling with Cach is a good option at this point.

      Are you ready to close on a home? Is this an urgent concern?
      Are you able to raise money to settle? How much, and how long will that take?

      • Michael,

        I’ve been reading your informaiton here…very helpful I too was served yesterday with a summons to appear in court for an old MBNA credit card I am assuming was bought by Cache LLC….they are listed on the paerwork. The dates noted are back as far as 1998 when the original card was issued. The balance they are stating is $24,000. I see this on my credit report and have received a letter from a law office but chose to do nothing. Now, obviously I cannot do nothing so I’m wondering if I should request a validation of the debt as it is over 16 years old.

        • Michael Bovee says:

          Lori – Once you are sued, you pass the point where the traditional debt validation request is going to be meaningful. The plaintiff debt collector will have to prove up they have a valid claim, so do not get me wrong here. It is just that they can be forced by you to do that in what is now a much more formal setting – the court.

          What state are you in?
          When did you last make a payment to anyone on this old MBNA account?

  33. hi
    i have been dealing with a debt collection via chase credit card. since the debt was sold to midland funding, they had hired suttell n hammer to sue me. i was served with a summon n complaint where i filed the notice of appearance as well as filing an answer that i do not acknowledge the debt. its almost 1 1/2 years now, the trial was set for january of 2015, but the court decided to set an arbitration hearing coming soon in july. i understand that these arbitration hearings are pretty much handled by an outside attorney from a law firm as a mediator. at this point, i have consulted with some legal advice to avoid the hearing, just call suttell n hammer to negotiate a settlement. i am okay with that, but wanting to know how to go about do it. my expectation from reading all these comments sounded very discouraging about how suttell n hammer are never going to settle for less or even at all.

    my take is how do i approach for a settlement? what do i need to make sure that once settled, i wont be getting the same debt later by someone else. who should i ask for at the suttell n hammer firm to start negotiation? please help me if you can as to what i should say or what to expect is any? my debt that they are alleging is around 2000 dollars

    thanks

  34. Capital One Charged off debt listed on credit report with $4,499.00 balance. Recently sold to CACH LLC. Contacted CACH, no record in their system yet because of recency of sale. Hoping to settle. Any advice would be greatly appreciated.

    Questions: Any suggestion as to what to offer would be welcome? Also, since Capital One sold debt should that entry on credit report reflect a zero balance? If so, should I address with credit bureau. In this case it is Equifax. Thanks!

    • Michael Bovee says:

      If Capital One sold the debt, they should not show a balance owed to them any more, as they have no legal claim to that anymore. Cach LLC can show up on your credit reports with a balance owed now though.

      I target settlements with Cach at between 40% and 50% if they have not filed a lawsuit yet. There are instances I see 30% settlements, or even a shade lower, but they are not common.

      • Michael,
        Thank you for the quick reply. As an update, I contacted CACH. They now have record of debt. Indicated it had not been assigned yet to branch ? for collection. Informed it would take 48-72 hrs. Gave my #. Rec’d voicemail yesterday from a company called First Step. I am assuming it is related to CACH debt. Are you familiar with First Step? I assuming CACH has retained them to collect on the debt. Any thoughts would be welcomed.

        • Michael,
          Further update. Spoke with First Step Group. Indicated they are collecting on behalf of CACH. They offered a settlement around $3284.77 (orig. debt $4500). Said that had to operate within parameters set by CACH. Any suggestions you may have as to a tactic to get them lower would be greatly appreciated. Thanks!

          • Michael Bovee says:

            You will need to convincingly convey you are in a hardship, and that the amount you are targeting for settlement is all that you can come up with.

            It does help in these scenarios if your credit reports show that you are behind with other bills too (debt collectors like First Step/Cach LLC can see your credit reports real time).

            I would stay on top of this. Cach is an active litigator when it comes to collecting. Try to get this negotiated and settled as quickly as possible.

            Be sure to read through the last few critical reports linked on this page: http://consumerrecoverynetwork.com/debt-relief-program-reports/

  35. Hello,

    I pulled a credit report this week and show as being in collections with CACH LLC for a BofA credit card owing about $10k. It shows as being transferred to CACH in June 2013 but I have not been contacted by anyone seeking collections.

    I have no issues settling if the debt is mine but I do not recall having a credit card with BofA with that high of a of limit and BofA has never contacted regarding this debt. I went through a divorce in 2011 and my credit situation was divided between my ex-wife and I. Up until this week I thought I was settled with everything.

    What I also find odd is I had a mortgage with BofA into early 2013 and a bank account with them through June 2014 so they knew how to contact me but I never received a single notice or phone call. They’ve had my address, phone number and employer information this entire time.

    Should I contact CACH LLC to find out what this is about? I think this could possibly be an error but don’t want it to appear that I am willing to pay for anything unless they can prove it is a valid debt owed by me and am not sure what the process will be once I have contact with them.

    Thank you,

    Joe

    • Michael Bovee says:

      Joe – Rather than calling Cach LLC, try calling Bank of America first. Let them know your concerns and see if their responses help you recall what this account is about, and if it is yours, or some systems error on the part of BofA at the time they sold the debt to Cach, or on the part of Cach when they integrated to portfolio they bought.

      Post what you learn from BofA and lets go from there.

      • Michael,

        Thank you for the fast response. I haven’t contacted BofA yet but did contact my ex and found this was a joint account that had her listed as the primary. The calls and notifications were going to her and she ignored them. She thought they would go away if she ignored them long enough (very long story). Still find it odd that BofA never tried contacting me on this with me having active accounts with them into 2014.

        Cach LLC is coming after me for 100% of the debt. My ex is not showing this as being in collections on her credit report. Not sure how that works since the account was a joint account and she is still around.

        At this point with nobody from Cach contacting me I’m not sure what my next step should be. Should I reach out to Cach and discuss settling? Should I call them and submit a debt validation request? Kind of curious to see what they have with this account being joint and having no activity in over 3 years.

        Thank you

        • Michael Bovee says:

          You can request debt validation from Cach, but whether the account was joint, and 3 years of activity (or lack thereof), may not be part of their response, and it may not be required of them.

          If you are serious about settling, you would contact them directly. 35% is the low end target for settling with Cach. If you look highly collectable to them, you may need to target 50-ish percent as more reasonable. It is good to catch Cach before they sue, as they do use the courts to collect quite a bit.

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