Categorized | Featured Articles

Shady Collection Agency Attempting To Collect Passed Sol?

My husband was sued by Cach LLC for zombie debt, but never knew he was being sued. We never received any letters or phone calls from them attempting to collect on the debt in the first place. We were never served a summons to appear in court – kind of hard to show up to a court date you know nothing about. Because we didn’t show up, Cach LLC was awarded a judgment against us for the amount of the original debt plus the cost of attorney’s fees and interest. Had we been contacted at all, I would have immediately sent a debt validation letter as the debt in question was passed the statute of limitations here in Texas (which is 4 years). Cach LLC would have had to prove that they legally had the right to attempt to collect this debt – which couldn’t have been proven as the SOL had expired. I then would have sent a cease and desist letter to bar them from further contact. However, they made no effort to contact us. Why? Because they knew the only way they had ANY hope of collecting on this debt was to successfully obtain a judgment. If you Google their name, the internet is chalk full of complaints against them and their affiliates due to their unlawful methods of attempting to collect. They didn’t want us to know about the court date because if we showed up and told the judge it was passed the SOL the case would have been thrown out. It was DEPENDENT on us NOT showing up. So my question is: what can we do now? I am going to lawyer up and request that the default judgment be set aside, but what will the process be like afterward? And if a judge rules against them can they continue their pursuit?

Leave a Reply

Your email address will not be published. Required fields are marked *

Archives

Powered by Yahoo! Answers