How to Contact a Debt Collector for Cach LLC Without Getting Harassed for Payment
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
Short answer
Make one phone call and find out which account the law firm is actually collecting on. That single fact decides everything else, because a debt validation request buys real time against one owner and almost none against another.
Key points on this page
- Cach LLC is a debt buyer that does some of its collecting through attorneys. You can settle a Cach owned debt with whichever collector they place it with.
- Against a collection law firm on a Cach account, a realistic settlement target is 40 to 60 percent, and a single lump sum payment is best if you can manage it.
- A collection attorney licensed in your own state is a clear signal that your risk of being sued has gone up.
- A validation request, sent certified mail with return receipt, stops further collection efforts until they answer. That can take a couple of weeks or far longer, and some never validate at all.
- The same request buys little time on a Capital One account, because Capital One sells little debt and can respond quickly. If the original creditor was HSBC and you fell behind before Capital One took over that portfolio, the account may have been sold, so call the original creditor to find out who owns it.
- Deal with the account causing the most stress first. Small balances and accounts you already have arrangements on can wait until the main one has a plan.
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 Collecting Through 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:
- 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).
- 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 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. If you would like to speak with me about your situation you can call me at 800-939-8357, option 2 rings to me.
About Michael BoveeMichael started CRN in 2004 with a mission to provide people in need with detailed debt and credit help and education. Michael has participated as an expert panelist in federal consumer protection rule making, collaborated on state law changes governing debt consolidation, has worked as an expert witness in court matters related to the debt relief industry. He is available to speak with you about your financial struggle and helps people resolve their debt problems daily.
Hi,
Question regarding Cobb County Clerk non-jury trial
CACH vs. me on date, court room… CACH (BoA)
There was nothing in the letter about the amount?
I didn’t make my court date due to my mom getting sick and not sure what to do at this point. Any advice on this?
Also, Can you provide name of attorney in Cobb County Ga.
Tx in advance
I sent you contact info for an experienced debt collection defense attorney. He is not in Cobb county, but still near enough for most cases like yours.
I would call him and get advice about your next step before doing anything else.
I am being pursued by The Offices of John C Bonawitz representing Cach, LLC. They called last week and told me they needed $500 by 10/31 and $170.73 for 11 months to settle the debt before they proceeded to court filings. It would be a good settlement if I had $500 laying around. The debt is around $4600. I told them I didn’t have the money and was told ‘Good luck to you then.’ by Kelly Cook. I called today to ask for a payoff letter good for 30 days. I was told they they did not do that. I am refinancing my mortgage and will have the enough to cover the $2400, but not by 10/31. I was told by the manager of Kelly Cook that they would be proceeding with the next step if not received by 10/31. I have never dealt with anyone so unwillingly to work with me. I am willing to pay the $2400 or even the $2800 that it would be next month, but they will not put it in writing. This seems awful sketchy to me. Can I contact Cach, LLC directly or would that be a bad idea. Or should I retain an attorney to represent me.
Thank you.
I can never understand a debt collectors unwillingness to put something in writing. It is required in some states now, and the CFPB is considering implementing rules for debt collectors that could require the same. In fact, I expect that to be a no contest provision.
An alternative to getting the deal in writing would be to record the call where you both cover all of the terms of what is being agreed to, by whom, and for when. Keep a copy of that recording and all proof of payment etc.
If you end up being sued, I would definitely encourage connecting with an attorney.
Let me know how it goes. If there is an opportunity to raise the awareness of other consumers for what to watch for, or raise the antennas of the CFPB and your state regulators about stubborn idiocy on the part of the collection attorney that is involved in the CACH debt collection network, lets talk about it.
Jeffrey – I received an email reply from Cnythia, who has posted her comments on this page about Cach LLC. Her reply was to you:
Goal is too see if they have all the original credit card info. Haven’t talked to no one about this debt and last payment on original acts was in august of 2012
They do not have a high threshold to validate. If you are asking for a laundry list of stuff in your validation letter, most of it is probably not required of them. And when you ask them to go get more info about your account, you either:
1. Give them a reason not to pursue you much, as you are not what debt collectors consider low hanging fruit.
2. Give them a reason to sue for collection.
If they sue, you have good consumer advocate attorneys in NC to work with.
Hello Michael, it seems that a lot of people have had run ins with Cach,LLC. i am in the process of buying a home and hit a run block when i found out that Cach, LLC is holding a judgement over me and putting a holt to my home purchase. the judgement is for $6,188 after doing some serious research i found out that the original debt was from a dental bill which was only $3400.
My question: first how does a debt of $3400 jump to $6188 especially when i never got any information or correspondence about the debt, and then how do i settle for the original amount and remove this nightmare from my thoughts so i can get my dream home. the judgment is currently with my city’s county PR which i’m not sure what the PR stands for to do further research and find the right person or department.
Sorry that is happening Natacha. I cannot offer any details regarding how your 3400 dollar dental bill nearly doubled. A good portion of that increase may be legal fees, the state capped interest that is being charged, and some level of balance inflation tied to non payment in the agreement for service (would have been nice to make Cach prove those in court).
You can settle, but I would not tie your dream home to settling with Cach LLC for the original amount. You may have to offer more to get this resolved.
You would call the attorney for Cach in order to negotiate a pay off, not the court.
When was the judgment entered? What does the court record show for the date you were served? Is the correct address for you in there (where you were living at the time)? How about the physical description of who was served?
Hello, I have two accounts that Cach have purchased. One with me and one with the wife. My question is why have the accounts been placed with Ed Overcash in South Carolina when we live in North Carolina? I would think they would place it with an attorney in NC not SC. Does this lower the chances of being sued? I am about to right a letter of validation for both accounts and see what happens. Anything else should I be doing at this time? Thanks for your time
Have you sent the validation letters already? What is your goal with sending them?
Check to see if the Ed Overcash collection firm is licensed in North Carolina, or has attorneys on staff that are licensed in NC.
I would not say your chances are much lower when dealing with an out of state attorney for a debt with Cach LLC, but perhaps slightly. They have a large attorney network, and can farm out collections to attorneys closer to you.
When was the last payment on the debt at issue? The SOL in NC is short.
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
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
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.
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!
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!
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: https://consumerrecoverynetwork.com/debt-relief-program-reports/
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
Read through the tips and comments about working through collection lawsuits here: https://consumerrecoverynetwork.com/question/can-you-negotiate-and-settle-a-credit-card-debt-if-you-are-being-sued/
Post your remaining and new questions in the comments of that page, and include how much money you are confident you can pull together to settle the 2k in a single lump sum of money.
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 ?
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.
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?
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.
You would call the attorney working for Cach to arrange a pay off.
How much is the balance owed as of today?
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.
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.
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.
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
The math works in your favor to call and negotiate a settlement with Cach LLC. Lower dollar collection accounts do not often settle for the best savings, with Cach, or any debt collector. Be prepared for that, but negotiate some king of reduction. And of course, get everything documented in an agreement before paying. Follow this outline: https://consumerrecoverynetwork.com/debt-settlement-letters-agreements/
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.
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.
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.
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?
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
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?
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.
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.
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
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?
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!
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
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.
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?
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!
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?
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
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.
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.
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: https://oag.ca.gov/contact/consumer-complaint-against-business-or-company
File your complaint with the CFPB: https://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.