FSUgirl07

PRETRIAL FOR CACH LLC!! PLEASE HELP!!

Recommended Posts

Long time no talk to! Not to bring an old thread from the dead but I got a letter in the mail from an attorney trying to collect on my CACH LLC judgement. I'm judgement proof so I don't know what action, if any, I should take. Thinking about calling them letting them know I'm a waste of their time because I'm judgement proof and they'll never get a penny from me. Do I have anything to worry about?

Share this post


Link to post
Share on other sites

@FSUgirl07

 

Hi there!  

 

Is the attorney/law firm the same one who represented CACH in the lawsuit? 

 

If it's a new one, and if this is the first time you've heard from him, did the letter include the 30-day validation notice?

Share this post


Link to post
Share on other sites

Long time no talk to! Not to bring an old thread from the dead but I got a letter in the mail from an attorney trying to collect on my CACH LLC judgement. I'm judgement proof so I don't know what action, if any, I should take. Thinking about calling them letting them know I'm a waste of their time because I'm judgement proof and they'll never get a penny from me. Do I have anything to worry about?

 

You are not judgment proof as they have one and are trying to collect on it.  You might be collection proof at the moment though.  The reality is judgments are often good for a decade or more and renewable.  At some point you will want or need new credit and have to deal with it.  The sooner you do the less expensive it is because post judgment statutory interest is also racking up.

Share this post


Link to post
Share on other sites

@BV80

Yes and yes. New attorney. Standard 30 day validation letter. Which is stupid because it's the same debt just new attorney trying to collect for CACH LLC. Nothing to validate. Guess the old attoreny gave up because I'm judgement proof lol

Share this post


Link to post
Share on other sites

@FSUgirl07

 

Yes, it's the same debt, but some courts have ruled that the 30-day notice has to be included by every new collector while other courts have ruled that it doesn't.   If it hadn't been included in your letter, I was going to see if FL or the 11th Circuit had ruled on the issue.

 

The previous attorney may have given up for the reason you stated, but it's not unusual for new attorneys/law firms to come into the picture for various other reasons.

 

How long do judgments last in FL?   Can they be renewed?

 

I might send a DV letter just to see what happens.  You never know.   He might screw up.   :-)

Share this post


Link to post
Share on other sites

CIVIL PRACTICE AND PROCEDURE Chapter 55 

JUDGMENTS View Entire Chapter

55.081 Statute of limitations, lien of judgment.Subject to the provisions of s. 55.10, no judgment, order, or decree of any court shall be a lien upon real or personal property within the state after the expiration of 20 years from the date of the entry of such judgment, order, or decree.
History.s. 1, ch. 29954, 1955; s. 9, ch. 67-254; s. 1, ch. 87-67.

Share this post


Link to post
Share on other sites
Moreover, this case had been going on for three years before Gustino and his firm got involved, and the FDCPA does not entitle a debtor to a new validation notice every time anew debt collector enters the picture.
 

United States District Court, M.D. Florida, Orlando Division.

May 2, 2014.
  • Like 1

Share this post


Link to post
Share on other sites

@debtzapper

 

 

 

Moreover, this case had been going on for three years before Gustino and his firm got involved, and the FDCPA does not entitle a debtor to a new validation notice every time anew debt collector enters the picture.
 

United States District Court, M.D. Florida, Orlando Division.

May 2, 2014.

 

 

Thank you for clearing up that issue. :-)

Share this post


Link to post
Share on other sites

So I guess I just sit back and see what happens then?

 

I guess so.  We have a FL consumer lawyer who sometimes posts here. She is very helpful.  You could PM her if you like.  @LawKitty

Share this post


Link to post
Share on other sites

Long time no talk to! Not to bring an old thread from the dead but I got a letter in the mail from an attorney trying to collect on my CACH LLC judgement. I'm judgement proof so I don't know what action, if any, I should take. Thinking about calling them letting them know I'm a waste of their time because I'm judgement proof and they'll never get a penny from me. Do I have anything to worry about?

FSUgirl07 It is good for you to stop by and lend a hand when you can. I too lost and fought the good fight, but the sense of joy I receive helping others takes the sting out of my judgment. You can delay this but the amount will get bigger, maybe motion the court for a reasonable amount. I know money is tight however, so try to keep the ball away from them. In the interim if they violate collections laws sue them.

Share this post


Link to post
Share on other sites

Bankruptcy is always an option to get rid of a judgment once you want to start rebuilding your credit.  It's not right for everyone, but can definitely be a fresh start where you don't have to keep worrying about money being in a bank account because of a judgment.

  • Like 1

Share this post


Link to post
Share on other sites
Guest
This topic is now closed to further replies.