Being sued in Wisconsin.

[GOMD]

I'll start with the template first:

 

1. Who is the named plaintiff in the suit? - CACH, LLC

2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) - Enerson Law, LLC

3. How much are you being sued for? - 3600

4. Who is the original creditor? (if not the Plaintiff) - Avant

5. How do you know you are being sued? (You were served, right?) - Note left on family members door

6. How were you served? (Mail, In person, Notice on door) - In person

7. Was the service legal as required by your state? - Yes

8. What was your correspondence (if any) with the people suing you before you think you were being sued? - None

9. What state and county do you live in? - Milwaukee, WI

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) - 2015

11. What is the SOL on the debt? - 6 Years

12. What is the status of your case?  - Open

13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) - OC only. CA never put the debt on my CR.

14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late. - No. I've had zero contact with the CA.

15. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit? - 1 month

1) That plaintiff and defendant addresses are shown above (my address is wrong)

2) That I entered into a written contract

3) That I defaulted and plaintiff has made demand upon defendant for payment and I failed and neglected to pay (they made demands to somewhere I never lived)

16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. - Loan agreement/Promissory note and payment history

17. Read this article:

Sued by a Debt Collector - Learn How to Fight Debt Lawsuits

 

So my issues is this:

CACH purchased my debt and is now suing me. The problem is I've received zero communications from CACH regarding this debt until a family member got left a note on their door from a process server with my name on it. The address CACH has listed is not my address nor have I ever lived there - the address is for the family member listed above. The only reason, I'm assuming, that this address shows up is because I had mail sent there for about a month while I was out of state, however, I did a change of address when I got back to my new location but mail forwarding expires after 12 months (any mail sent after 12 months is Return To Sender afaik). My account was also current during this out of state time so there was no collection activity taking place at the time and I am unsure why CACH is using this address. CACH also never reported this to the CRAs (I know they're not legally obligated to do so) so I have no idea when they purchased it,

What are my options here? I never received an initial communication from them with the opportunity to validate the debt.

 

Thanks

[debtzapper]

On 1/14/2017 at 0:17 PM, GOMD said:

I'll start with the template first:

 

1. Who is the named plaintiff in the suit? - CACH, LLC

2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) - Enerson Law, LLC

3. How much are you being sued for? - 3600

4. Who is the original creditor? (if not the Plaintiff) - Avant

5. How do you know you are being sued? (You were served, right?) - Note left on family members door

6. How were you served? (Mail, In person, Notice on door) - In person

7. Was the service legal as required by your state? - Yes

8. What was your correspondence (if any) with the people suing you before you think you were being sued? - None

9. What state and county do you live in? - Milwaukee, WI

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) - 2015

11. What is the SOL on the debt? - 6 Years

12. What is the status of your case?  - Open

13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) - OC only. CA never put the debt on my CR.

14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late. - No. I've had zero contact with the CA.

15. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit? - 1 month

1) That plaintiff and defendant addresses are shown above (my address is wrong)

2) That I entered into a written contract

3) That I defaulted and plaintiff has made demand upon defendant for payment and I failed and neglected to pay (they made demands to somewhere I never lived)

16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. - Loan agreement/Promissory note and payment history

17. Read this article:

Sued by a Debt Collector - Learn How to Fight Debt Lawsuits

 

So my issues is this:

CACH purchased my debt and is now suing me. The problem is I've received zero communications from CACH regarding this debt until a family member got left a note on their door from a process server with my name on it. The address CACH has listed is not my address nor have I ever lived there - the address is for the family member listed above. The only reason, I'm assuming, that this address shows up is because I had mail sent there for about a month while I was out of state, however, I did a change of address when I got back to my new location but mail forwarding expires after 12 months (any mail sent after 12 months is Return To Sender afaik). My account was also current during this out of state time so there was no collection activity taking place at the time and I am unsure why CACH is using this address. CACH also never reported this to the CRAs (I know they're not legally obligated to do so) so I have no idea when they purchased it,

What are my options here? I never received an initial communication from them with the opportunity to validate the debt.

 

Thanks

If they sued you at the wrong address, you may have a FDCPA violation.  If you do have a valid claim, a consumer lawyer might represent you on a contingency basis, hoping to get statutory damages and his fees from CACH.  I would go to www.consumeradvocates.org and consult with at least three.  If you can't get a lawyer, you should see if AVANT has an arbitration agreement and file a Motion to Compel arbitration.

Note:  If you are low income, you might contact the Consumer Law Clinic of the U of Wisc Law School.

https://law.wisc.edu/eji/clc/

 

[Clydesmom]

On 1/14/2017 at 10:17 AM, GOMD said:

I never received an initial communication from them with the opportunity to validate the debt.

There is no requirement that they send one prior to suing.  That is why they didn't send one or report the debt:  after years of consumers counter suing for FDCPA violations the industry has simply responded by not sending dunning letters or reporting and heading straight to court.  It all but eliminates the possibility of counter claims.

On 1/14/2017 at 10:17 AM, GOMD said:

What are my options here?

Defend the suit, see if you can push for arbitration, settle, or let them get a default judgment.