I received notice from a process server on 1/14/13 that I was being sued by a law firm (Michael Scott of Carrolton, Tx) regarding an account with GEMB that I opened in 2008. The last I remember I owed them maybe $6000 prior to default, but am being sued for about $17,000. They offered to settle for $7,000, which I don't have, but agreed to monthly payments of $278.00 on the full balance.
I was told that my credit report would reflect a "satisfied judgment" status once the account was paid. There was no specified court date on the documents that I received.
My question is why would there still be a judgement if we do not actually go to court, and is this the best plan of action for me to take?
You are being sued by a company, Cach LLC, that bought the debt from GEMB, or from some other debt buyer. You have a couple of different options to consider.
Cach LLC has already approved a settlement of 7k. So, you know this can be settled, and perhaps for less than the 7k too. What amount of money can you come up with right now? What if you have a few months to pull together your resources… how much money could you raise? There are ways to buy time to negotiate a settlement agreement with Cach LLC and the collection agencies and firms that collect for them. There are settlements that can be structured over a short duration that will make it possible to resolve the debt too.\\
Check out my video about resolving debt with Cach LLC and their network of attorneys and debt collectors.
If you agree to payments with Cach LLC you will be paying 278.00 a month for 5 years. If that amount is something that you can budget for, while still leaving you 2 to 3 hundred dollars cushion/savings, that is great. If you do not have this cushion, you could be one flat tire or other unexpected life expense away from not being able to make the payment.
Working with an experienced debt collection defense attorney would mean putting up a defense to the Cach LLC lawsuit. While this option means spending money with an attorney not knowing what the outcome will be, it can often present the potential for a better outcome. Here is why:
Defend against debt buyers like Cach LLC cannot guarantee an outcome. Getting your case dismissed is the best outcome, to be sure, but setting yourself up for negotiating a great settlement outcome is a good reason to defend too.
It is becoming a bit more difficult to get dismissals in some states, and with some of the debts Cach LLC buys.
You asked about why they want you to consent to a judgment even when you are agreeing to make payments. They do this to “secure” your payments. Basically, they win a judgment without having to do any work. If you do not make a payment on time, they already have the judgment and can go to the court and get bank account levy permission, garnish wages, or place liens on property (as may be allowed in each state).
You also need to be aware of what the consent to judgment says about interest that is allowed to be charged. If you do not negotiate zero interest as part of your agreement – you will be paying for more than the 60 months I calculated above.
If it were me in your shoes, I would not move forward with anything else, or speak to anyone at the Michael Scott firm, until speaking with me or an experienced collection defense attorney in your state. Consulting with me is free, so you get information and additional things to consider at no cost. Most experienced attorneys I can refer you to are available for a free initial consult too. Consulting with an expert is just wise to do.
Will you need to spend money on the attorney? Yup. But with the potential, in your case, to save 5 plus years of payments that will triple the amount you originally owed, that is what I would encourage you to consider.
Oh… that brings up another thing. When did you last make a payment on this debt to GEMB? I know you said you opened it in 2008, but can you recall the year and month you fell behind. I have 2 reasons to ask this:
Please post answers to my questions in the comment section below.
If you’re interested in negotiating a settlement on your account that is owned by CACH LLC and looking for additional insight into the process, one of their former Collector of the Year recipients, who held positions with them ranging from debt collector, to operations manager, to even flying around to their various offices to evaluate and up train their collection staff is part of our network. Please feel free to contact us if you have any questions at 8800-939-8357 ext 2.
Michael 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.
Cash LLC has a debt judgement against me and my husband for about $9,300. and old creit card that was charged off by the originating back in 2009. (this is approx info.) They liended a vacant lot I sold and closed on the escrow, which is how I found out about the lien and judgement. The escrow company didn’t find it until they has closed escrow. They didn’t pay the lien. Gurstel Law continues to pursue this debt and was able to get $1597.00 of my SSI. I closed my checking account so they could get any more and I am paying everything is cash. Isn’t there a way to force them to pursue the Title company for payment.? I don’t know how many of my other credit car debts they purchased. I lost most everything in the last recession, expect for 2 lot, my house and a truck and a travel trailer. Suggestions?
I would talk over your Cach LLC situation, and any other debts that may have gone to court back then, with an experienced debt collection consumer law attorney in your state. I do not think you can get them to go back to the title company though.
Settling judgment debts is an option. More on that here: https://consumerrecoverynetwork.com/question/can-you-settle-credit-card-judgements-like-other-debts-stressed/
I just had suit filed against me and served papers. I made the mistake of already emails the law firm, Scott & Associates with questions about how to lower the amount that are requesting in damages ($25,503.60) I also have a form I signed on Dec, 7, 2015 stopping payments to the original creditor. I asked them if I could resolve this case for less money as i’m burdened with other (secured) loans, seeing as this one wasn’t. and Also asked if I should consult an attorney and what else I needed to do regarding this suit.. I just came across your page and very anxious to get this resolved. Thanks for your time.
When did you get served the lawsuit papers?
Are there other unpaid debts besides this, and if so, what do they all add up to?
I was served on the 14th of February. I have medical debt. yes I would say everything probably adds up to 50-60k. Thanks
With that much debt, and already dealing with Scott and Associates on a lawsuit, have you looked into whether you qualify for chapter 7 bankruptcy? If you do, you could get rid of the suit, and the other debts, for under 2k.
Credit bounces back pretty fast after chapter 7.
I haven’t looked at filing for bankruptcy yet. i’ve filed my answer with them and the county clerk today. too late to file bankruptcy?
I have acct at CACH LLC for $6300, I have not heard from them in at least 2 years. It does show as delinquent on my credit report, and they do keep adding “interest” to it? I was thinking of offering them $1000 to clear the account, but I’m afraid I might wake a sleeping dog? Would it be better if I just let it lie? But it will stay on credit report as long as they keep adding $$ to the balance.
Is Cach LLC showing as a paid collection, and zero balance owed? That would be normal.
When stop paying the original creditor to begin with? Count 7 years forward from that. The original creditor, and Cach LLC, should come off your credit reports at this time.
GE Home Climate Credit and Default Judgment; Case No. CC2012-080760RC Arizona
Since August 2009, multiple attempts were made to cure this obligation.
August 2009, a modified payment plan was requested with GE Money Bank (GEMB) directly, they were nonresponsive.
A modified payment plan was requested more than once, first request sent April 7, 2011, with CACH LLC through their attorney the Law Offices of Joe Pezzuto, his office was nonresponsive.
A response to the summons was filed with the Maricopa County Justice Courts, AZ in July 2012.
Default Judgment official in August 2012.
August 2017, Default Judgment renewed by Neuheisel Law Firm, this attorney now is employed by Gurstel Law Firm, P.C.
July 2018, a response to a letter received from Gurstel Law Firm, P.C. requesting a 1009C and the judgment dismissed, they were nonresponsive.
During this time period, CACH LLC filed for bankruptcy and your company, Resurgent Capital Services (Sherman Financial Group, LLC), absorbed this from CACH LLC portfolio. In 2010 our lives drastically changed:
Due to the economic downturn, all retirement savings and investments were lost.
A motorcycle accident in May 2010 caused over $15,000 in medical bills.
Daniel was downsized and work was scarce.
We have three children, at the time, two were in college.
We were caring for Nina’s elderly mother suffering from Alzheimers.
We used our savings and assistance from family and friends to keep our home and rebuild our lives.
These circumstances were repeatedly explained to both creditors, neither wanted to assist.
Currently, we have sent three letters to Resurgent Capital Services requesting validation of this debt.
They do not respond.
We are willing to settle for much less and no interest, if they can validate.
They also claim to be the servicer for CACH LLC, not the owner of the debt.
We have been challenged in finding CACH LLC, it seems since filing for Bankruptcy in 2017 all attempts direct you to Resurgent Capital and they send you back to CACH LLC.
Would like off this ride.
If you are ready to settle, and have the cash, getting caught up on debt validation requests when there is a judgment is mostly a waste of time.
I would not approach this with letters if it were me. I would call and arrange the settlement verbally, and then get it in writing from them before paying.
I am currently on hold with CACH LLC. I had money levied out of my account and just received a copy of the judgment from my current bank. I was never served any paperwork as it was served to my former address so I never had time to respond. I’ve never received any correspondence from this company or verification of debt. This judgement was entered in 2009 according to this paperwork and renewed this year. I would think that exceeds the SOL. The money they attempted to levy has been placed on a hold until the 9th of this month. They pretty much cleaned out my entire account without proper notice…days before rent/childcare expenses were due. I would appreciate some guidance from this point.
The judgment is super old, but in California there are some skilled attorneys who may still have success getting judgments vacated when you can show lack of proper service.
Jeremy Golden comes to mind. He offers a no cost initial consult. You can find him at http://www.goldencardona.com
I have received an information subpoena with restraining motive, regarding a judgement, from 2012, Plaintiff Cach LLC. The amount is 4997.86. What are my options?
If the court is compelling you to provide those details you do not want to ignore it. I would talk with an experienced debt collection consumer law attorney in your state about your rights and options to deal with this.
Typically you can look at settling the debt to resolve it, though under the current circumstance you will likely not save much.
You can enter a payment plan that you get them to agree to.
You can file chapter 7 bankruptcy if you qualify, and get rid of the judgment, and other debts.
If you provide all the required information and are shown to be uncollectable, you may find you have to repeat the process every so often.
Are you wanting to talk with me about how to resolve a debt with Cach LLC? If so, you can schedule a day and time for me to call you here: https://calendly.com/debtbytes/15min
Hi, Michael, Ive reach a settlement with a personal loan of 10385 I got from Webbank c/o Avant, they have forwarded it to CACH,LLC and Mandarich law group is handling it for them. We agreed on a settlement of 3600 and as I read from you to ask for a settlement letter so I did in email. they send me this
creditor: XXXXX
acount number:XXXX
original creditor: webbank
original creditor account number:XXXX
original balance due: 10385 please be advised that our client has authorize us to accept the sum of 3635 as settlement for the above reference account. According to the agreement you made to our office, payments shall be made as fallows A) first payment of 1211 is due on or before feb 28,2017
B) and the XXXXXXXX states that i have to pay 2 more payment in the next 2months all payments must be made in certified funds and made according to the payment scheduled aboveor this agreement will become null and void. Upon receipt of the agreed upon payments, we will notify our cliets to adjust their accounts accordingly. My First question is they didnt mention settlement in full i the letter or the “settlement for the above reference account” means that im paying 3600 for the entire 10300 that i owe, Im afraid they will just deduct the 3600 from the 10000. Also if the settlement for the about reference account is okay. Will it hurt that I already ask them to revise their letter into saying settlement in full, Im just afraid they will not send me another one and the agreement will expire. also it says we will notify our clients to adjust their accounts accordingly, thats why im afraid if it does not say settled in full that they will just minus the 3600 to the 10000. shall I wait for another letter or this letter okay so I can start paying this debt? please help and thank you very much.
Their reference to settling is clear enough for my purposes. I would accept the current letter. Keep it safe, make all payments on time, and from your bank (so you can get copies with ease if need be). If anything goes off the rails post an update and lets go from there.
Very helpful, thought I was the only one paying the debt over and over again (a 1989 college credit card debt that presented itself in 2010-11 as a summons and no info on the payments made to collection agencies was available). After that a deal for $5000.oo was made and paid, but now they’re not acknowledging payment in full and asking for $8,000.00+. My social security/disability bank account was recently targeted and my funds are on hold pending? I was filing bankrupt but haven’t heard anything else from the attorney after filing first forms and doing a budget analysis with an online company.
I seem to be running into dead-ends regarding the company listed in the subject line. One of my children recently had an issue with a finance company in which he did default on a loan. Fresh View Solutions contacted him regarding repayment of the loan and offered up a payment plan. My curiosity is 2-fold: 1) is this company legitimate or some kind of scam; 2) if it is legitimate, will repayment to Fresh View Solutions satisfy the loan and will it be considered to be “paid off?”
Fresh View is part of Cach LLC. It is more of a normal collection agency outfit, where most of Cach LLC is made up of collection law firms. You can resolve a debt with Fresh View and expect it to update to your credit reports as paid. Be sure to get your settlement in writing before you pay. Your credit reports will typically be updated a few weeks after your payment clears. If that does not happen you can use the letter and your proof of payment from your bank to dispute your credit reports in order to correct them. I find better settlement outcomes when dealing with Fresh View than other parts of Cach LLC.
CACH LLC has.a lien against my ex. In the divorce I got the home fir my child and I, my ex got his debt and his legal issues, and $100k in tools, etc. I got the title in my name but CACH LLC attached a lien on the home and refuses to talk to me to resolve it because it’s not against me. They refuse to remove the lien, and now attached it to my credit and won’t resolve it (even though it’s a singly party debt). This was s preventing a refinancing of my home for the past 2 years. Can I do anything? I don’t have the $2500 court fees to try and file. And I’ve learned this could cost up to $8k to fight. I’m on disability and just wanted to refinance for a lower payment to keep a roof over my head for my child and I. What can I do? They won’t acknowledge me at all
My mother is handicap, has no job, no car, lives with me and receives a little from Social Security (similar to Linda’s story). She is afraid to call CACH, because she thinks they will have more of an edge on getting her.
1) What could potentially happen if she does absolutely nothing, and just ignores the summons?
2) Is it better to contact CACH and explain the situation, OR, refrain from any contact with CACH? Thank you
People will form different opinions on this. I would confront the Cach LLC lawsuit even if I know I am uncollectable. But many people simply choose to ignore it knowing there is nothing to lien, levy or garnish… forever. For later readers, if the situation is one where you may be uncollectable today, but will not stay that way, it is far better to take advantage of the collection process in the courts.
If I have been sued by Cach, LLC and want to attempt to settle directly, out of court do I still have to file a response to the court within 30 days? If we do sign a settlement agreement within 30 days of filing who is responsible for telling the court or dropping the case?
The lawyers for Cach LLC would typically notify the court of the dismissal if you settle this. I typically see better results by defending lawsuits to start with. But that is not necessarily always the case. Be sure you get everything in writing before you pay.
I had a $14,000 loan with Prosper, about $450.00 a month, then about 8 months later, entered a Debt Relief program in 01/16 which was a huge mistake, they did not settle one of my accounts. The loan for $14,000 has been sold to Cach LLC, I do not have a phone number or attorney’s name or anything. It is showing on my credit report CACH LLC. I’ve tried a couple of numbers with no luck. Prosper did not tell me for how much they sold the loan for. I left the debt relief program and this is the only account that I have left. I can not afford to pay the whole amount, I went through a horrible divorce and now have to pay my ex-husband $700.00 a month. I have not received anything in the mail, or summons for court. I am just trying to figure out how do I go about trying to settle with them? Thank you for any help you can give me.
I can help you with what you need Sara. Fill out the talk to Michael form in the right column. I will see that and send you an email to set up a phone consult.
Hi. I have been notified by a creditor that CACH bought my debt. I live on Social Security due to mental illness and have no money in the bank or own anything. Should i contact them with this information?
Perhaps letting Cach LLC know that you are pretty much noncollectable could mean they leave you be. But the only debt buyer that will stop collecting in hardship scenarios is Midland Funding (that I know of) .
I have received a letter from Avant the original debt holder that they charged off the account and sold it to CACH LLC for 14,540.06. They said the charge off
received a letter stating they sold it to CACH dated 12/7/2016. What should I do from this point forward to protect myself from CACH ?
What is your goal? You can settle with Cach LLC for a decent rate. The quicker you catch it after the sale, the better in my experience. And settling would prevent Cach from suing.
I am having the same situation as Heather. Avant sold the debt for $8,800 to CACH LLC. I am willing to settle for about $2,000 because that is all i have. I am afraid to call and negotiate. what can i do?
They sent me a letter to dispute the validity of the debt December 10 2016 . I responded to the letter disputing the validity of the debt to buy some time and the responded back to me on January 20 2017. I really want to put this behind me and looking to some prior letters I found one from the original creditor offering a settlement for $3,500. I hope CACH LLC are willing to take $2,000
I am having similar situation with Erin, is there anyway i can contact you for a private conversation?
You can fill in the talk to Michael form in the right column. When I see that I will email you to set up a time to connect on the phone.
I was sued from Cach LLC for a student loan they bought from Sallie Mae. I got ordered to court. And with my answers I asked if there was a way to settle since I cannot really take time off for work. I work 2 jobs and live check to check. So I sent in my answers to both the court and the law firm. I did not show up for court as I have no paid days off or sick days.
I then get a letter from the court saying it was dismissed. Before I got the dismissal letter I got questions to answer from the law firm. Now I just got another notice to answer the interrogatories in 40 days,
In the state of MA.
Do I still need to answer these if I got a letter of dismissal from the court? Or should I still see if I can settle?
Just in case there was some kind of error, look up your name in the court record yourself. Do you see the dismissal too? If you do, but the attorney for Cach LLC is acting like they don’t know, they probably don’t. Let me know what you learn with your search and lets go from there. If you want to settle with Cach LLC you can, whether the case is still active or was dropped.
I just looked, I never knew I could. This is what it says:
Judgment of Dismissal , for failure to comply with an order of the Court -not sure if I have to do anything now.
I would talk over the situation with an experienced debt collection defense attorney in Massachusetts. Would you like me to email you a list of them?
Hi Micheal,
my husband was served by mail on Friday a letter called “Memorandum of Costs after Judgment, Acknowledgment of Credit, And Declaration of Accrued Interest”
from Mandarich Law Group, LLC on behalf of CACH, LLC.
they did not mention anywhere in that letter whose the original creditor.
Also the total amount is $2,345.79 for “Declaration of Accrued Interest” which we don’t know what is that for.
We really don’t know what we need to do and we would greatly appreciate any advice you have for us. Thank You
Angie
Look up the court record where you were sued and a judgment entered. Look to see what they have down as when and where you were served. Did you ever live at that address? Had you moved away before they say they served you there? Also look at the summons and complaint for who Cach LLC bought the debt from. Did you ever have an account with the creditor?
We never received any sue letter or judgment from them, this is the first time we received this kind of letter for this matter at my home address. My husband since August of 2011 used P.O.Box address for his mails.
We don’t know whose the original creditor.
Can I contact you by phone I have more questions to ask and it is easier for me to explain on the phone.
I would really appreciate if you get back to me as soon as possible. We don’t have much time to reply back to them. Thank You
Angie
No problem. We are set to connect on the phone and I can get the details needed to offer better feedback.
Hi Michael,
Last night we received another letter from different Law Group which states that this Law firm is a debt collector and they attempt to collect a Debt. This letter stating the original Creditor name and total amount. They mentioned in this letter that within 30 days after receipt of this notice we can notify them in writing that the debt, or any portion thereof, is disputed and they will obtain a verification of the debt or a copy of a judgment against us and mail a copy of such verification or judgment to us also they included the language in this letter that we can request records showing all the detailed information from them and I know that we are entitled to receive this information under the new Fair Debt Buying Practices Act law which went into effect on January 1, 2014 and the Debt buyer must notify this language in the first letter they send to us.
Now we believed the last payment my husband made for this credit card was probably January 2011 and this account is 5 years old now, If i am not wrong the statute of limitation in California is 4 years for written agreements and 2 years for oral agreements and in both cases our account is older than 4 years.
Now my question is do we have to send them a written request for validity of debt or just send a letter that the statute of limitation has expired.
Second question I have is that legal to get 2 different letter from 2 different collector for the same account in couple of days, one “Memorandum of Costs After Judgment, Acknowledgment of Credit, and Declaration of Accrued Interest” and the other letter is from a Law firm attempt to collect a debt. Thank you and really appreciate your help
Angie
I received a forwarded letter (it had my address from years ago on it) in the mail from grossman law that is representing Cach llc. Evidently, they have a judgement against me on a defaulted fifth third credit card from 2014, listing the balance as almost 7,000 (it was 4,500 at the time of closing.) the letter says to take care of my judgement they received in feb of 2015, and offers me two payment plans that are outrageous. my rent is 60% of my income which is less than 1500 a month.. And then I have at least 15 student loans that I’m paying on. (80k) I’m hesitant to call them as they are offering 3 payment of 1900 or 6 payments of 940 and I do not even have 200 extra a month to spare, so I’m not sure what good it would do. They’ve had this judgement against me since 2015 and this is the first I’ve heard from them.
I wasn’t aware until after i was sued. I received one letter in february of 2015 addressed from the court (to my correct address) saying what the judgement was against me for wage garnishment. I called their lawyer and told them I had no knowledge I had been sued and wanted to set up a payment plan. They told me they wouldn’t consider it unless I put $1,500.00 down. I told them that this wasn’t remotely possible. That I was a server and my checks ended up being 25 a piece, and that they would get more money setting up a payment plan with me. He told me there was nothing he could do without the 1,500. So I hung up and have been waiting for two years for this to happen…I’ve heard nothing since this letter I received this week that is from a different lawyer, original was Kevin shrine, this is William Grossman and it was addressed to my old address ( same apt complex, different apartment building and number so my mail lady must have caught it.) I’m not sure if cach sued me or if they bought it from someone else. I am in Ohio
Cach LLC is a debt buyer, and they sued you, so both. My next steps in your situation would depend on my goals. If I was an argumentative sort (I am) I would connect with an experienced debt collection defense attorney in my state and talk about the lack of proper service, and any other elements that could help result in vacating the judgment. An attorney with experience getting judgments vacated has a cost, and you have to weigh that. I would also look at my options for settling for less by coming up with about half the balance owed. I know you do not have the money now, but how long will it take to pull it together?
Probably a good year or two to come up with 3500. I live alone (no other option) my rent alone is 60% of my income and it’s cheap for my area. I have 80k in student loans, half are on income based repayment with the gov, the other are private and my dad consigned on them. I’m paying 2 which total 400 a month, my dad is reluctantly paying the other two so his credit isn’t ruined and I am trying to save every dime to pay him back. My salary is less than 1,600 a month and my bills without the other 2 student loan payments are 1,400… so unless I want to starve my options are few. I don’t own anything of value to sell either.
You are in a rock meet hard place scenario. I would at least consult with some attorneys that have experience in vacating judgments, and who offer an initial consult at no cost. Would you like me to email you a list for Ohio.
Hi Michael,
As far as I know, here are the names of the collectors for each of the following accounts.
Citi Cards- Northland Group Inc.
GE Money Bank Cards- McGuigan Law Office, LLC
Macy’s Card- ARS National Services, Inc.
Z Gallerie Card- Comenity Bank
Discover Card- Financial Recovery Services, Inc. Only the Northland Group Inc. sends current letters. I have not received a correspondence letter from the rest of them since October of last year so I am not completely sure if they are current or not. As far as cash on hand goes, I am sitting on around $8K but could probably get a bit more from friends/family. It would mean my entire savings and that would be hard to give up because I have a baby coming at the end of this year so extra money is going to be tight. My fiancé is also interviewing for a job which if she gets it, would have us relocate to France which also blurs the picture for me. So I don’t exactly know what to do because I feel that if I start to contact the companies, I don’t have enough money to cover them all and then I will have restarted my SOL which would put me back to square one. I guess I am just really confused on what my options are and what I should do.
Lee – Due to the new family member coming (congratulations there), the potential to be moving out of country, and the lower risk creditor/collector scenarios you shared that exists at least right now (that could change), I would want to wait until you knew what is going to happen with the job out of country before moving forward on any plan. All of that said, it may make sense to spend the 6k now in order to resolve – for good – the largest debt you have. How long until you know if the job in France will be offered?
Michael- Thank you very much! It may not be until the end of the year or possibly the beginning of next year until we would know for sure that we would be moving. If I do decide to take care of the largest debt right now, wouldn’t that reset the clock on me and essentially put me back to where I was two years ago? I guess I am just weary of starting contact with the creditors just yet. If we do end up moving, what would my options be?
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