Sheriff trying to issue summons

Submitted by KntSqzH20frmSton on Wed, 04/07/2010 - 12:10
Forums
Credit repair

In a nutshell: just went through international divorce. Unemployed. Left with literally nothing. 60K CC debt, 60K student loan debt (I know that can't be erased, that is in UNEM deferment status until May). Kept in touch with CC companies, told them unable to pay. Am bouncing between two family members homes, have not received ONE piece of mail registered or otherwise from anyone. All debt listed as charged off on my credit report in Dec. 2009 by CC companies.

I did not received the summons because I was not at the address at the time sheriff showed up, my relative called sheriff and said I was being sued by Chase Bank (how can they even divulge that info?) Is this a scumbag law firm coming after me? New company on credit report as of 1/2010 CACH LLC, have no idea who this is. Believe they purchased the debt.

What should I do first, go get the summons and do a DV to this company? When does the time start ticking? I know I have 20-30 days. I live in Pennsylvania.

Many thanks for any and all help. I have been reading this site voraciously.

KntSqzH2OfrmStone

goodnatured

CACH, LLC purchases debt and then goes after the person who owes the debt. I am in this exact situation, have been for over two years with these jerks. Some things you will DEFINATELY want to do to protect yourself is:

1. Get the summons and answer it, otherwise they will win by default and you will have no chance of ever defending the action. I went to the sheriffs office and picked it up.

2. You can answer it by simply admitting and denying each of the allegations on the summons. Just go down the list.

3. File your answer with the court clerk where the summons is filed and send a copy to the law firm that initiated the summons.

Make sure you send all correspondence certified mail, return reciept requested.

Then, send the DV letter, and go through with that process.

Make sure that you keep copies of everything, I have a file that is really thick.

These are the first steps, I will check back and see if you have returned to put more information here on where I am in this situation.

Wed, 04/07/2010 - 13:58 Permalink
Anonymous (not verified)

What if I have not picked the summons and I am in another county? Do I hurt myself by not picking this up and seeing if they come to serve me at another address?

Wed, 04/07/2010 - 14:17 Permalink
goodnatured

I am not sure on this, I went and picked mine up because I did not want them to have the upper hand on me, I figured that if I picked it up and dealt with it then I would at least have some control over what was happening in the situation.

Hang out, there may be others that come along and have a different oppinion, I am only letting you know how I handled it. But then again, you may feel differently.

I can tell you that by doing what I did over two years ago that we have yet to go to court. I know it is still active and they have requested a mediation but there has been no activity since December 07, when I called to speak to the mediator, they told me that:

Not only will CACH, LLC have to prove that I owe that debt, they will have to prove that I owe it to them.

I figured I have never had a contract with them, I was not gonna let them win by default, I have done what I could and we have not went to court yet, KNOCK on wood.

Hope this helps you make a decision.

I am also from Pennsylvania, who is the law firm they are using? What county are you from?

Wed, 04/07/2010 - 16:38 Permalink
goodnatured

They used a lawfirm out of Pittsburgh in my case.

How old is your debt and who was the original creditor?

Wed, 04/07/2010 - 16:38 Permalink
KntSqzH20frmSton

Picked up by CACH in 1/10. Chase. Don't know yet re: lawyer

I suppose you are right, re: nip it in the bud and just deal with it, I don't want to give them the upper hand. I'll go tomorrow and pick up the summons, it's in Chester Co. PA

Wed, 04/07/2010 - 18:42 Permalink
goodnatured

I am so sorry that you are going through this, I know it caused me a lot of anxiety in the beginning but once I felt I had some control in the matter I felt more impowered. May sound lame, but its true.

You should read up on CACH and their antics, you can search here and at the bottom of the page look for them on the debt consolidation website, you will find more information there on them.

They never do things correctly, so hopefully they will screw up in your case also. Read and educate yourself, one thing they forced me to do is educate myself.

Mine was a providian card, they waited about 6 months before the statute of limitations was up to sue me, I think they thought if they issued a summons that I would just up and pay or ignore it and they would get a judgement.

I came on these sites and learn how to defend myself, the more you know, the better off you will be. Like I said earlier I don't think they thought I would fight back. They offered me a voluntary judgement, I said no, cause I figured if they got anything they were going to fight me for it. I never had an account with them and they have no ownership or contract with me.

Wed, 04/07/2010 - 20:11 Permalink
Aaron

Hi KntSqzH20frmSton,

Goodnatured is right. As you have been served with summons, you need to answer to that, else the collection agency may win a default judgment against you. Moreover, as a judgment has already been filed, you may get all the details of the debt from the court itself. Thus, you can visit the court where the judgment was served, and request the court clerk to provide you with the papers of the lawsuit. From there you will get to know whether or not the debt is valid at all.

Thanks,

Aaron

Thu, 04/08/2010 - 05:55 Permalink
KntSqzH20frmSton

How can this be legal? I just looked on website with rules for Eastern PA District court and it seemed to indicate that only the person named in the suit be served with papers, is this a violation?

Also, the plaintiff is listed as Chase Bank with plaintiff's counsel as some firm in Philadelphia. HOWEVER on the last page it says "this law firm is a debt collector attempting to collect this debt for our client and any informations obtained will be used for that purpose." Is this a scam collection agency or what?

I need to go to the courthouse on Monday and dispute this, because I don't know who is suing me, a debt collector or what. and the amount is way over what Chase says I owe.

Sun, 04/11/2010 - 13:16 Permalink
cinnamngrl

legal depends on what the judge determines. there are many situations where leaving the summons at an address or giving it to another adult is deemed service. the court is not friendly to people trying to duck lawsuits. But then, some states (MA) have passed new laws to prevent CAs from getting judgments on questionable debts.

this is a complicated situation because you seem to be homeless for time being.

Respond to the summons and send the DV letter

Sun, 04/11/2010 - 13:45 Permalink
KntSqzH20frmSton

Yes, I am bouncing between relatives while I look for employment. What do I do, just go to the courthouse and sign paperwork? Do I have to admit to the debt? I don't want to because I think this law firm is a LDC type thing. I've seen them mentioned on this site as being bottom feeders posing as original creditor. SO I respond to the summons and then send a DV, I have a pro bono family friend bankruptcy lawyer who is going to give me some tips tomorrow, TFG!!

Sun, 04/11/2010 - 14:36 Permalink
Shelly L W (not verified)

Got a letter today from a local Lawyer soliciting to represent me in a recent case brought against me -on my local court document website-First Ihave no knowledge it--and,have never heard of Cach LLC ? Scared & need advise!! Unemployed & haven't been served any thing --court date is less then a month way according to the web

Wed, 09/05/2012 - 01:32 Permalink