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CACH LLC LAWSUIT/LAWYER WANTS TO SETTLE PLEASE HELP!


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Hi,

The background...

A lawsuit was opened by Cach, llc back in 3/2/16 against my husband - original creditor avantcredit.  We didn't have a court date until February 2016 where we asked for a continuance.  We were granted one and should have gone to court on April 26th.   I decided to get a lawyer involved and they asked for another continuance until June 26th.  Back in February when all this happened I started working on repairing my credit and started reading what I could on Cach, llc.  That led me to the article https://toughnickel.com/personal-finance/You-Can-Beat-Credit-Card-Debt-Collectors

I had filed a dispute with the CFPB and Cach, llc responded with all the paperwork in the case but they included one piece of paper "affidavit" that isn't included in our case.   I will attach it.

Yesterday the lawyer called and told my husband that he should settle.  She said the bill of sale was enough proof for a judge to find for the plaintiff.  I am like, "no"  if I wanted to settle why would I have hired your law firm and paid $500.00?  That $500.00 could have gone towards a settlement if I wanted to settle.  Well, she got my husband all worried about a judgement and what would happen.  I told the lawyer we would have to talk about it and I asked my husband to please read the articles I have found and make an educated answer on what you should do.

While finding more out on Cach, llc I ran across the case http://caselaw.findlaw.com/tx-court-of-appeals/1622134.html and how the case was based on the affidavits.   I started looking at the papers and dates that they included.

1:  Is it normal for them to do an affidavit for a case 6 months before they even file?

2:  Is it normal to check the military status 6 months before they even file?

3:  Certificate of loan sale shows oct 2015 but bill of sale and assignment shows feb 2015

Could someone look over these papers and tell me if I have something here before I go back to the lawyer.

Thank you!

 

 

 

 

 

CACH LLC LAWSUIT 2.pdf

CACH LLC LAWSUIT.pdf

AVANTCREDIT_JURY_TRIAL_WAIVER_AND_ARBITRATION_CLAUSE.pdf

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1 hour ago, pockets66 said:

1:  Is it normal for them to do an affidavit for a case 6 months before they even file?

It isn't unheard of.

1 hour ago, pockets66 said:

2:  Is it normal to check the military status 6 months before they even file?

Not only normal but required.  The Soldiers and Sailors Relief Act prevents them from suing certain active duty members and they are required to determine that it does not apply to every defendant.

1 hour ago, pockets66 said:

3:  Certificate of loan sale shows oct 2015 but bill of sale and assignment shows feb 2015

I would attack this.

 

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Thank you Cydesmom - The"affidavit of claim" that shows Cach, llc v. Husband dated oct 8 2015 -  I just found it strange that they had this paperwork done 6 months before they even filed.  The case is being held at the  justice of the peace precinct 4 galveston county Kathleen McCumber.  I want to better understand what we are up against. 

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1 hour ago, pockets66 said:

I just found it strange that they had this paperwork done 6 months before they even filed.  

MANY junk debt buyers got into major trouble with the CFPB for filing suit without any proof what so ever of the debt or prior to even attempting to get it.  They now get it months in advance so they can say they were in compliance but also claim they gave you X months to pay them and you "refused" or didn't so they sued.

Another issue to bring up to the lawyer:  CACH has filed for bankruptcy.  See if you can work that to your advantage.

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Here are some more details about the CACH bankruptcy.  Square Two  Financial is the parent company of CACH.

 

http://www.squaretwofinancial.com/squaretwo-financial-announces-portfolio-asset-sale-to-resurgent-holdings-and-court-supervised-business-restructuring/

 

I would file a notice with the court informing the court of the plaintiff's bankruptcy filing, and ask for a bankruptcy stay of the case.  It is my understanding that bankruptcy should create a stay on all judicial proceedings.  Another poster here has noted that CACH filed a notice of bankruptcy in their case (later in the thread):

 

Also, look into the arbitration strategy.  If the court does not stay the case due to the CACH bankruptcy, I would file a MTC arb (if arbitration is available in the card holder agreement) and ask for a stay pending arbitration.  CACH hates arbitration because of the costs.

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48 minutes ago, nobk4me said:

Here are some more details about the CACH bankruptcy.  Square Two  Financial is the parent company of CACH.

 

http://www.squaretwofinancial.com/squaretwo-financial-announces-portfolio-asset-sale-to-resurgent-holdings-and-court-supervised-business-restructuring/

 

I would file a notice with the court informing the court of the plaintiff's bankruptcy filing, and ask for a bankruptcy stay of the case.  It is my understanding that bankruptcy should create a stay on all judicial proceedings.  Another poster here has noted that CACH filed a notice of bankruptcy in their case (later in the thread):

Thank you!  I am writing a letter to the lawyer right now.  I have looked at AvantCredit it states by signing below, you agree to the Jury Trial Waiver and Arbitration Clause- so it looks like arbitration is out.

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This is from www.culiklaw.com about the CACH bankruptcy:

The debt collector CACH, LLC and its parent company, Square Two Financial, filed for bankruptcy on March 19, 2017. Many consumers were in the midst of debt-collection lawsuits filed by CACH, or were receiving collection calls and letters when this happened. What effect does CACH’s bankruptcy have on these consumers?

Because the bankruptcy was filed recently, many issues are still up in the air. But, CACH filed a motion when its bankruptcy was filed obtaining court permission to continue its debt-collection cases. Therefore, the bankruptcy does not stop CACH from collecting.

 

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On 4/21/2017 at 2:42 PM, nobk4me said:

Here are some more details about the CACH bankruptcy.  Square Two  Financial is the parent company of CACH.

 

http://www.squaretwofinancial.com/squaretwo-financial-announces-portfolio-asset-sale-to-resurgent-holdings-and-court-supervised-business-restructuring/

 

I would file a notice with the court informing the court of the plaintiff's bankruptcy filing, and ask for a bankruptcy stay of the case.  It is my understanding that bankruptcy should create a stay on all judicial proceedings.  Another poster here has noted that CACH filed a notice of bankruptcy in their case (later in the thread):

 

Also, look into the arbitration strategy.  If the court does not stay the case due to the CACH bankruptcy, I would file a MTC arb (if arbitration is available in the card holder agreement) and ask for a stay pending arbitration.  CACH hates arbitration because of the costs.

I attached the agreement - I think I read it wrong - and arbitration is available?  Since we are just waiting to go to trial - actually Cach, llc is waiting for us to settle - and if I read the agreement right - is it too late to file for arbitration?  I have been reading the boards - I am in information overload so I am going to call it a night.  Thanks so much for your help!

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On 4/21/2017 at 4:34 PM, pockets66 said:

I have looked at AvantCredit it states by signing below, you agree to the Jury Trial Waiver and Arbitration Clause- so it looks like arbitration is out.

Actually you have that backwards.  It says no court but mandatory arbitration.

I would file an MTC immediately in this case.

11 hours ago, pockets66 said:

is it too late to file for arbitration?

If no discovery has taken place or anything other than filing an answer and some continuances, then may not.  I would file the MTC and hope the court accepts it.  You would be no worse off than today if they denied your MTC, so it's worth a shot.

Also, all consumer attorneys tell you to settle.  Most of them are just as bad as the collection attorneys. They are lazy and think that getting you a 50% settlement deal deserves an award to hang on their wall.

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1 hour ago, fisthardcheese said:

Actually you have that backwards.  It says no court but mandatory arbitration.

I would file an MTC immediately in this case.

If no discovery has taken place or anything other than filing an answer and some continuances, then may not.  I would file the MTC and hope the court accepts it.  You would be no worse off than today if they denied your MTC, so it's worth a shot.

Also, all consumer attorneys tell you to settle.  Most of them are just as bad as the collection attorneys. They are lazy and think that getting you a 50% settlement deal deserves an award to hang on their wall.

Thanks so much fisthardcheese!  I really dropped the ball on this one because I had no idea what I was doing or what my rights were.  I just remember being served and seeing dh sued by CACH, llc and I was like WTF who the heck is CACH, llc!  I had no idea an account had been sold.  I filed a horrible answer with the court and I thought that was the end of it.  In JUne of 2016 they tried to get a judgement and it was denied and then in January 2017 papers came saying court date was for Feb.  I found a lawyer who said if I got a continuance he would help.  They filed to amend the original answer and discovery.  If they received anything new other then the business records I had received, I don't know.  They lawyer never said and nothing is new on the JOP site.  I am attaching what the lawyer filed.   I so appreciate your responses - I don't feel so lost anymore!

 

 

MOTION TO AMEND DISCOVERY.pdf

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Well, nevermind about filing the MTC.  This attorney would have to do it or he would first have to file a notice to the court of being removed from the case.  He has essentially entered on record that he is representing you, so it would be improper to file anything that doesn't come from him while he is still the named attorney on record.

 

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17 minutes ago, fisthardcheese said:

Well, nevermind about filing the MTC.  This attorney would have to do it or he would first have to file a notice to the court of being removed from the case.  He has essentially entered on record that he is representing you, so it would be improper to file anything that doesn't come from him while he is still the named attorney on record.

 

I understand.  I wrote him a letter on Friday asking why they wanted us to settle and that I was not ready to do anything until I could make an informed decision.  Thank you!

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I was looking at the  Anthony Tyson signed "Affidavit of Claim" with knowledge of how the business records are obtained.  I was looking for other documents online to compare his signature with other affidavits and I came across the employee data sheet for the bankruptcy.  It lists Anthony Tyson as a "trial witness scheduler" - if this is the case how can he have "knowledge of fact" how the company operates?  They have another one that's on affidavits, Tom Vigil as a "affidavit processor."

I'm not quite sure what I am trying to point out ......I haven't heard back from the lawyer since I sent an email last Friday and the more I think about this case and them wanting me to settle, I get mad.  

 

CACH_LLC_EMPLOYEES.pdf

126017318848-rep-3103034129_(1).pdf

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  • 3 weeks later...
17 hours ago, pockets66 said:

Here's a case where Cach, llc pushed for arbitration.  Would it be a good one to add to show Cach, llc likes arbitration?

https://cases.justia.com/federal/district-courts/hawaii/hidce/1:2016cv00174/127851/39/0.pdf?ts=1479381341

Good find.  Certainly it can be cited to show that an arb clause in a credit card agreement must be honored.  

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On 5/19/2017 at 0:33 PM, fisthardcheese said:

Not sure what you are going for, but the only relevant case law would be if cach used the same card agreement you have. Otherwise each case would be different.  Besides, the Supreme Court case law trumps everything any way.

Was looking for something to attach to the MTC Arbitration as an exhibit to your MTC, showing how much Cach, llc believes in arb.

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7 minutes ago, pockets66 said:

Was looking for something to attach to the MTC Arbitration as an exhibit to your MTC, showing how much Cach, llc believes in arb.

JDBS believe in arb when they are sued, esp in big class action cases, and they often use the card agreement to have courts order the claim to be arbitrated.  HOWEVER, they don't like to arbitrate small collection cases and if the language so states, they will use the same card agreement to force you into small claims court.  And the courts have upheld this, so I wouldn't be focusing on that for your case.

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18 minutes ago, debtzapper said:

JDBS believe in arb when they are sued, esp in big class action cases, and they often use the card agreement to have courts order the claim to be arbitrated.  HOWEVER, they don't like to arbitrate small collection cases and if the language so states, they will use the same card agreement to force you into small claims court.  And the courts have upheld this, so I wouldn't be focusing on that for your case.

Thank you, that's good to know!  When it comes time, I will just use what FIST suggested.  

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