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If you are receiving harassing or threatening phone calls or letters from CACH, LLC, it is easy to become overwhelmed and to start feeling insecure about your future. It is true that CACH, LLC may have the right to file a lawsuit against you and obtain a judgment. A judgment lien will allow them to take other steps to recover the debt, such as garnishing your wages or levying your bank account.
There are defenses you can use in your case, but the most important thing is that you contact a debt defense lawyer before responding. A lawyer will advise on how to respond, and help you throughout the entire process of the lawsuit.
Who is CACH LLC?
Many people are surprised to receive calls and notices from CACH, LLC because they have never heard of the company before. For many years, CACH, LLC was owned by Square Two Financial. In 2017, Square Two Financial filed for bankruptcy and the bulk of its portfolio was sold to Resurgent Capital Services. However, the bankruptcy does not affect loans that are currently owed and you may still face legal action.
CACH, LLC uses two different types of collection models. The company has legal entities in different states it partners with to file lawsuits against borrowers that have not paid their debt. CACH, LLC may also go the non-litigious route. They do this by use Fresh View or Fresh Start, two names that operate under the CACH, LLC portfolio. If you have received a notice from one of these entities, there is a good chance that you can settle your debt.
Responding to a Lawsuit
CACH is a highly litigious debt collection company that has filed thousands of lawsuits against borrowers. It is important to know that you are not alone, and that there may be defenses available in your case. CACH has also been known to work with borrowers when they cannot repay the debt, particularly when they are experiencing financial hardship. Just because CACH files a lawsuit does not necessarily mean you will have to go to court.
A lawsuit is started when CACH, LLC, files a complaint with the court. The complaint will outline CACH’s allegations against you, including the amount of money you owe. The attorney working for CACH will then serve you with the papers, which will include a summons. If you do not respond to the summons, CACH will likely try to obtain a default judgment against you, and they may be successful. If they can obtain a judgment, they may freeze the assets in your bank account, place a lien on your property, or garnish your wages.
It is crucial that you respond to the lawsuit so you can defend yourself and avoid a default judgment. You should collect as much information about the debt as possible, including verifying that it is yours, that the amount is accurate, and whether the statute of limitations on the debt has expired. If CACH cannot verify that they own the debt, or the amount is incorrect, those could both serve as a defense in the lawsuit. In Florida, CACH has only five years from the date of the last payment to file a lawsuit.
What to Do if You Owe the Debt
After verifying the debt and determining that you do in fact owe it, it is usually advised to try and reach a settlement with CACH. You may be able to reach an agreement with the company before you even go to court. You can either negotiate a repayment plan that is affordable for you, or you can negotiate to pay an amount that is less than you originally owed.
If you want to negotiate with CACH, it is advised that you work with a debt defense lawyer in Florida. A lawyer will have the necessary experience and knowledge to negotiate a deal that is fair and that protects your rights. A lawyer will also make sure any settlement agreement is put in writing, in the event that there is a dispute in the future.
You may not want to wait until CACH has filed a lawsuit against you, either. It is sometimes possible to negotiate a better settlement if you try to work with the company before they go to the time and expense of filing a lawsuit.
What to Do if You Do Not Owe the Debt
If CACH, LLC cannot prove the debt is yours, you should fight the lawsuit. The burden of proof lies on the company to prove that they legally own the debt, and that you owe the full amount they are asking for. A debt defense lawyer will also review the contract you signed when you incurred the debt. If any part of it is illegal or based on false information, that can also provide a defense in your case. A lawyer will identify the possible defenses in your case and argue it in court to give you the best chance of a successful outcome.
What to Do if CACH has Already Obtained a Judgment
It is not uncommon for people to find that CACH, LLC has obtained a judgment against them without their knowledge. For example, you may not have received the court summons and so, were not able to defend your case. In these cases, it does become much more difficult to negotiate with CACH since they have already won their court case. However, that does not mean it is impossible and you should speak to a debt defense lawyer that can help.
Call Our Debt Defense Lawyer in Florida Today
If you have received notice of a lawsuit filed by CACH, LLC, our Florida debt defense lawyer can help. At Loan Lawyers, our skilled attorneys know how to fight back against debt collection lawsuits, and we will put our experience to work for you. Call us today at (954) 523-4357 or fill out our online form to schedule a free consultation and to learn more about your legal options.
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Loan Lawyers is made up of experienced consumer rights attorneys who use every available resource to develop comprehensive debt solution strategies. Our goal is to take on those burdens, resolve those problems, and allow our clients to sleep soundly knowing they are on the path to a better future.
