5 Steps to Handle a Lawsuit by CACH, LLC
If you have been sued by the company CACH, LLC, you are not alone.
Who is CACH, LLC?
CACH, LLC is a debt collection agency. According to the Florida Division of Corporations, CACH, LLC’s principal address is 6801 S. Cimmaron Road, Suite 424-H, Las Vegas, Nevada 89113.
CACH, LLC is BBB accredited with an A+ rating, in spite of 20 complaints in the last 3 years (as of 7/16/21).
The Consumer Financial Protection Bureau complaint database reflects 62 complaints (as of 7/16/2021 – with a 3 year lookback).
Who is Resurgent Capital Services?
CACH, LLC outsources its accounts to a management company called Resurgent Capital Services. According to the Florida Division of Corporations, Resurgent Capital Services’ principal address is 55 Beattie Place, Suite 110, Greenville, South Carolina 29601.
Resurgent Capital Services is BBB accredited. They are given an “A+” rating by the BBB in spite of 159 complaints in the last 3 years (as of 7/16/2021).
The Consumer Financial Protection Bureau complaint database reflects 5,031 complaints (as of 7/16/2021 – with a 3 year lookback).
Why have I been sued by CACH, LLC?
CACH, LLC is a debt collection agency that often purchases debt from other companies. Sometimes, after an account goes into delinquency, the creditor decides to sell the debt to another party. Therefore, if CACH, LLC has sued you, it is probably because they now own a debt that you once owed to another creditor.
Is there a class action lawsuit against CACH, LLC?
CACH, LLC has been sued in numerous class action lawsuits. For example, in in New York in 2017 CACH was sued in a class action, alleging violations under the Fair Debt Collection Practices act. In 2019, a class action action was filed alleging failure to correct report settlement payments on the credit reports.
What can I do about my lawsuit by CACH, LLC?
First, don’t bury your head in the sand! Florida Courts are divided into 3 levels depending on how much the lawsuit is for: small claims, county court, and circuit court. In small claims cases, a defendant is required to attend a hearing early on called a “case management conference”; whereas in county court and circuit court, the defendant has 20-days to file a written response from the day the lawsuit papers are served. If a defendant doesn’t appear (in small claims) or they fail to respond (in county court or circuit court), the court will likely enter a default judgment against them. Make sure to respond (or hire someone to do so) so you don’t lose off the bat!
Review the claim
Next, review the records from the case. When a lawsuit is based on the records of another company, it may be that the records are inaccurate. Review the claim and don’t assume it is correct just because they have written it. See if the claim and the amount are accurate.
Consider your options
Evaluate the alleged debt from the lawsuit, along with your other debt and your income. Is there a defense to the claim? Can you realistically afford settlement, or does it make more sense to consider bankruptcy? Here is where you may want to have a free consultation with a debt resolution professional who can help you to objectively review your options.
Assuming bankruptcy is not your best option and depending on the merits of your case, negotiation may be the next best step. If you hire a debt settlement attorney to assist you with the lawsuit, your attorney will negotiate for you. However, if you are determined to go it alone, you are generally better talking to the opposing firm than doing nothing (*this is a generalization; each situation is different). Just keep in mind, they are not looking out for your best interest. They are likely not going to tell you about your defenses to the lawsuit or your protections from collection. Their job is to get you to pay.
Any Settlement Agreement Should be in Writing
Finally, if you reach a settlement agreement, even if you are representing yourself, your agreement should be in writing.
Questions on Your CACH, LLC Lawsuit?
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