DebtInGa

Thank you for the advice. CACH LLC in GA

Recommended Posts

My first post. I didn't post earlier because I found answers to all my questions in other threads. This forum provides a wealth of information, and I thought I was prepared for magistrate court up until I was called before the magistrate and presented a curve ball. A local attorney filling in for Lazega & Johanson asked for continuance because I filled a response denying the debt and they needed more time to gather the evidence.

The magistrate tried to help me, but I didn't look into continuances. I didn't object, just stated that I filled a response, and if at any point I didn't file or show up in court they would have been awarded a default judgment based on the documents provided. If these documents are not enough information to win a case then a case should have never been filled, or be allowed to prove default judgment. He agreed. I didn't object to the venue in my response, but the magistrate noted my current address for correspondence, and dismissed without prejudice, and informed the plaintiff any and all activities should be filed in the correct county.

I am already planning my response for when they refile. When that information arrives I will post the documents, and my response. Until then I will continue reading the great advice you all provide, and learn everything I can from your wisdom.

Share this post


Link to post
Share on other sites

@DebtInGa

 

 

I didn't object to the venue in my response, but the magistrate noted my current address for correspondence, and dismissed without prejudice, and informed the plaintiff any and all activities should be filed in the correct county.

 

 

The lawsuit was filed in the wrong county?  If so, that's an FDCPA violation committed by the attorney.  Since CACH is a debt collector, they can be liable for the attorney's actions which means they committed the violation, as well.  I'd contact a consumer attorney.  It's possible that CACH would agree not to sue you if you don't sue them.

 

But, I'd still go after the attorney.  See if there's are NACA attorneys in your area.

 

http://www.naca.net

  • Like 1

Share this post


Link to post
Share on other sites

Congratulations!  They may not refile.  Lazega and Johanson are bottom feeders and having lost this round along with having no evidence they may crawl back under their rock and stay there.  Now you know what to expect and if it does go back to court you will be ready.

Share this post


Link to post
Share on other sites

@BV80

The alleged debt owned by CACH is a business debt with my old business and me a guarantor. It was filled in magistrate court 4/12/12 using the old business address, closed 7/2011. I was finally served 2/10/14, and responded.

I will look into the FDCPA violation. Is there any other recourse for me to initiate action in the correct county? The attorney admitted today they didn't have proof to move forward with trial, and asked for a continuance. I was relieved when she entered the court room with only a few pieces of paper. The other three people were asked if they wanted to settle, and they left the court room to discuss. I assume I was not offered a settlement because I denied the debt. I was scheduled to be the first case but she asked the judge if settlements could be heard with the other three before presenting my case. Ironic how a denial changes everything, and she didn't want the other three to hear they couldn't prove my debt.

I will receive documents from the magistrate for dismissal without prejudice in the mail. If the language states L&G could not proceed because it did not have proof at this time, I am assuming I can send this to the CCRA and have it removed until a time when they decide to file again in magistrate court.

Beside FDCPA is there anything else I can use to press them now. I know they won't ever have the documents to prove a case, and I want to end this sooner than later.

Share this post


Link to post
Share on other sites

@DebtInGa

 

Unfortunately, the FDCPA does not apply to business debt.  However, research GA law to see if they might have violated your state laws in any way.

Share this post


Link to post
Share on other sites

@DebtInGa

 

Unfortunately, the FDCPA does not apply to business debt.  However, research GA law to see if they might have violated your state laws in any way.

 

I don't know of any Georgia law that would cover this.  Now that the court and the Plaintiff have the correct address it should not be a problem.

Share this post


Link to post
Share on other sites

Congratulations!  They may not refile.  Lazega and Johanson are bottom feeders and having lost this round along with having no evidence they may crawl back under their rock and stay there.  Now you know what to expect and if it does go back to court you will be ready.

 

Can you explain why?  I'm getting sued by PRA in Georgia and they filed in the wrong county as well.  Interested why they can't re-file?  

Share this post


Link to post
Share on other sites

Can you explain why?  I'm getting sued by PRA in Georgia and they filed in the wrong county as well.  Interested why they can't re-file?  

 

I did not say they CAN'T refile but that they may NOT refile.  The reason is once the magistrate has admonished them for filing in the wrong court AND dismissed for having no evidence and not being ready they sometimes retreat because they don't want to call attention to their lack of evidence and put their default judgments at risk.

 

What county are you being sued in?      Did you ever live there?

What county do you currently live in?

Who is the law firm representing PRA?

When did you make the last payment on the account?

Is it Magistrate Court or District Court?

Share this post


Link to post
Share on other sites

Can you explain why?  I'm getting sued by PRA in Georgia and they filed in the wrong county as well.  Interested why they can't re-file?  

@

 

Go to the main forum page and start your own thread in "is their a lawyer in the house".

 

It will help others help you if you answer these questions. http://www.creditinfocenter.com/community/topic/242744-qs-to-answer-when-posting-in-this-forum-please-read/

Just leave out any personal info and round off all numbers.

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.