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Being Sued by CACH in Colorado - Court Date Tomorrow Morning


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1. Who is the named plaintiff in the suit? Cach LLC

2. What is the name of the law firm handling the suit? P Scott Lowery, P.C.

3. How much are you being sued for? $9,000 and change

4. Who is the original creditor? Bank of America (credit card)

5. How do you know you are being sued? (You were served, right?) Served

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

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

Process Service Requirements by State - Summons Complaint

8. What was your correspondence (if any) with the people suing you before you think you were being sued?

  • Letter from P. Scott Lowery law firm stating I owed the alleged debt

9. What state and county do you live in? Douglas County, Colorado

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Allegedly late 2012

11. What is the SOL on the debt?  6 years

12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or   looking it up online (many states have this information posted - when you find the online court site, search by case number or your name).  Trial is set for TOMORROW Morning [I just discovered this awesome website today … and I’m kicking myself that I didn’t find it earlier!]

13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No

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.  Yes, Collection agency only, but I used regular 1st Class Mail [like a rookie] and received no response

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? I already submitted an answer in a timely manner in which I stated the following: Plaintiff has not provided written evidence of the amount demanded. Defendant disputes plaintiff’s right to collect because Plaintiff lacks proper chain of custody paperwork. I did receive a questionnaire, but did not fill it out.  If wanted employment info, my bank account info and my settlement offer.

16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. No evidence included.  Old Statements and the above mentioned items.  They sent no evidence with the summons and have not sent any additional information.

 

 

My trial date is tomorrow morning.  I have sent nothing but the Answer.  I’m wondering if there is any way to get a continuance, etc., so I can send discovery requests as you advise.

THANK YOU ALL for the wonderful help you provide on this forum.

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