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Help! Lawsuit for $1451 from CACH LLC for credit card debt from 2008.

gandhrav 910 48 March 3, 2011 at 04:06 PM
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Last Edited by gandhrav March 3, 2011 at 05:14 PM
I just received an ad letter from debt solution saying they can help me with my lawsuit. I was surprised and went to District Court of Maryland website and indeed found a lawsuit opened on Jan 20,2011 from CACH LLC.

I think this was my Credit Card debt from bank of America credit card from 2008. I couldn't pay it.

I checked my credit report today and here is what it say for bank of america
http://img232.imageshack.us/f/bankofamerica.jpg/ [imageshack.us]
Here is what it says for CACH LLC (BOA transfered to them)
http://img156.imageshack.us/f/llc2.jpg/ [imageshack.us]

I believe I took $998 dollar for books from BOA in 2008 and couldn't pay it and over the years it became 1451 with fees and interest.
My question is that can they still sue me after all these years? I thought statue of limitation for credit card was 3 years.

What can they do to me if I go to court (lock me up?)

I'm unemployed since 2009 I might be getting a job one finally but now this lawsuit. I couldn't pay my college so quite school in 2009. I have no car and been living in basement of my parents for 3 years. I have less than $100 in account.

Also my family is moving this month from my current location of 10 years. Should I not respond to lawsuit? I have not received anything from LLC or Court yet.

What should I do?

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Joined Jul 2009
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#2
I don't think they can send you to jail for collection debt. You will get more help at the Creditboards forum [creditboards.com].
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#3
First off, you should talk to an attorney for professional advice. Take everything you read here with a grain of salt.

Secondly, I don't see why they can't sue you even though it's been a few years. You borrowed money from the bank, you should pay it back. It's called being responsible.

If you go to court you won't go to jail, but you will lose the lawsuit or settle it out of court (if you're lucky, maybe they will make a deal to reduce your interest). If you can't pay it back they will garnish your wages.

In any case, it will impact your credit score significantly and you won't be able to get a loan/credit card for at least a few years.

What you should do is man up and pay back what you owe, at least you're not getting your legs broken or your teeth kicked in...
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Last edited by mr_rolla March 3, 2011 at 05:45 PM.
#4
OP,
Statute of limitations laws vary from state to state. In your state (Maryland), it's three years. However, it just means that they can't win under certain circumstances if the time has lapsed. It doesn't mean that they can't try to sue you in small claims court or ruin your credit.

If you knew about these charges, did you just avoided them all these years? Didn't you receive notices from the bank all these years?
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#5
I bought books for $900 for my college in 2008, than I spend more money to get medical which was required by college. Than I lost my job and couldn't pay back, for about 6 month I paid minimum but since I didn't find any job, I used up all my saving. Later in 2009 I quit school because I couldn't pay my tuition.

I don't have a job since 2008, no car, no house, no money in bank. so what can they get from me? My credit is already ruined because of boa, than my school tuition in 2009, and now this LLC on my record. I would pay back if I had the money, I been struggling for 3 years badly.

Also I don't even live at the address anymore. I found this out by an ad company saying they can help me with my lawsuit, so I have not received anything from LLC or courts yet.

What if there letter is sent back to court or LLC as undeliverable since I no longer live there and they don't know my address? Will the court case still go on since courts summon was never deleivered?
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Last edited by gandhrav March 3, 2011 at 06:36 PM.
#6
Quote from gandhrav View Post :
I bought books for $900 for my college in 2008, than I spend more money to get medical which was required by college. Than I lost my job and couldn't pay back, for about 6 month I paid minimum but since I didn't find any job, I used up all my saving. Later in 2009 I quit school because I couldn't pay my tution.

I don't have a job since 2008, no car, no house, no money in bank. so what can they get from me? My credit is already ruined because of boa and now this LLC on my record. I would pay back if I had the money, I been struggling for 3 years badly.
If you're not in school, why couldn't you find a job? Even at McD's or something?

And come on, medical insurance for a college student is super cheap. You can call up any of the major companies (BCBS, HealthNet, etc.) to get a high deductible plan for $40-50 per month.

Regarding your credit being ruined, well that's the cost of not paying your bills, right? Not to sound mean, but that's what ppl decide is worth giving up (good credit) when they decide to just ignore their bills. And, that's totally fine. However, you can't decide on your own to just ignore paying your debt and expect no consequences.
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Last edited by z2g March 3, 2011 at 06:41 PM.
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#7
Quote from z2g View Post :
If you're not in school, why couldn't you find a job? Even at McD's or something?

And come on, medical insurance for a college student is super cheap. You can call up any of the major companies (BCBS, HealthNet, etc.) to get a high deductible plan for $40-50 per month.

Regarding your credit being ruined, well that's the cost of not paying your bills, right? Not to sound mean, but that's what ppl decide is worth giving up (good credit) when they decide to just ignore their bills.

dude you have no idea of economy in my state, I must have applied 80+ jobs in last 2 years, can't get any. I used to work 7 days a week starting from age 17. I wil do any job now but nobody is hiring,

I had no idea that insurance for collegestudent is that cheap. I wasted $600 dolars on checkups and mandatory shots. I feel so dumb now.

But I never borrowed money from these people anyway, why are they comign after me as they are the victims.
I still haveboz their credit card, and will pay them back as soon as I get a job.
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#8
Quote from gandhrav View Post :
dude you have no idea of economy in my state, I must have applied 80+ jobs in last 2 years, can't get any. I used to work 7 days a week starting from age 17. I wil do any job now but nobody is hiring,

I had no idea that insurance for collegestudent is that cheap. I wasted $600 dolars on checkups and mandatory shots. I feel so dumb now.
Come on, bro. I don't think Maryland is doing worse than CA and specifically Silicon Valley which has one of the highest unemployment rates in the country. That said, have you even tried just applying to Target, Walmart, or a fast food joint?
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#9
Ever think about joining the military? They are always hiring. And they'll put some discipline into your life too.

I don't believe you can't find a job in 2 years. You are doing something wrong there. I'm guessing since you have no car, no place of your own, no money, you're pretty much a loser.
Here's some pointers. Dress nice when you go into an interview. Show up on time. Don't look like a bum. Don't smell like weed. In fact, don't do any drugs for 30 days if you're gonna pass the mandatory drug test.
When asked about whether you have a car, tell them it's "in the shop with transmission problems and it's taking a while to fix" so you're taking the bus for now. Makes you look less like a loser.
You need money. Lower your expectations. Take even the dirtiest and crappiest of jobs, you need somewhere to start.

As for your debt, seeing as you probably can't afford to consult a lawyer - call up the collection agency and talk to them NICELY. You may be able to get them to accept a payment plan instead of taking you to court (long shot but worth trying). If this works, make damn sure you pay on time everytime!
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#10
Quote :
What if there letter is sent back to court or LLC as undeliverable since I no longer live there and they don't know my address? Will the court case still go on since courts summon was never deleivered?
--

from what I understand... the court case cannot go on without you being served... either by certified mail, restricted delivery, sherriffs office, private service , OR service by publication if the defendant is not able to be found for service by any other method. do you check the newspaper? I know here in SC for divorce service by publication is published once per week, for 3 weeks....plaintiff pretty much gets to choose the paper to publish it in though. from what I have read.
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#11
also, have you tried negotiating the debt? I owe 12,xxx to BOA (now charged off) and in Dec 09 they sent me a letter saying they'd consider it paid for 12xx. so only 10% of the amount I owed....(unfortunately didn't have the money to take their offer)
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#12
i have some, albeit limited, exposure to the lawsuits arising from the nonpayment of debts. but the ones that i was exposed to (not mine though) are all in the range of $50,000 - $500,000. (I work in real estate here in NYC) and here is what i can tell you:

1. DO show up at the court (if you get served with the petition that is). if you dont show up, they will seek default judgement against you, which will be granted and then you will be screwed.

2. when you show up (in this case lawyer might not even be necessary as the amount is quite small), be honest and lay all your problems about school, medical bills, unemployment and so on in front of the judge. i am sure some kind of payment plan (even $50/mo) most likely will be worked out for you. bring your taxes, unemployement claims, (if you are still a dependent on your parents' taxes, bring their taxes), medical bills, school bills and so on. anything that will show the ugliest financial situation.

3. if and when you get served for the court, dont sit and wait for the court date - contact the petitioner. you can even start looking at it now. see if you could enter into some kind of dialog with their debt collection department. start offering settlements, 5% of the amount, if rejected, increase to 10% and so on. each settlement offer should be accompanied by your letter detailing your dire financial situation, tax returns, other credit card bills, medical bills, and so on. in my experience, i have seen $500,000 debts being settled for as low as $35,000 with the major US bank.

GOOD LUCK!
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Last edited by haim March 3, 2011 at 07:26 PM.
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#13
Quote from cari77 View Post :
--

from what I understand... the court case cannot go on without you being served... either by certified mail, restricted delivery, sherriffs office, private service , OR service by publication if the defendant is not able to be found for service by any other method. do you check the newspaper? I know here in SC for divorce service by publication is published once per week, for 3 weeks....plaintiff pretty much gets to choose the paper to publish it in though. from what I have read.
Thank you, very helpful information since I don't live there anymore since last week,

For other people who keep calling me loser and drugy
I never do drugs or smoke (priest family), or don't have otherbad habbit, I know its odd not able to find any job for 2 years but I never even was called for a interview.

Some specific jobs I applied for which I had the experience, and education and I kept asking for my status for 6 months but they never sent me any reply. Not deny, or approve, forget about interview, they never answered my letter for 6 months etc.. for creating jobs.

Than I tried lower jobs like wendy, target in the mall, but they had bunch of high schoolers already there. I am 26 year old. Even tried usps 90 miles away, took the 2 test ,pased it but they wanted to use my own vehicle for deleivery at rural area which I didn't had so they threw me out.
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Last edited by gandhrav March 3, 2011 at 07:41 PM.
#14
I don't have a lot of experience with lawsuits, but I did graduate college in Michigan in the worst economic downfall I've been alive for. It took me a year to get a job, with an engineering degree.

Now after reading everything you've posted, I have to say either you are not a native English speaker, or you aren't very good bright when it comes English. I'm not saying this to be mean, but that can leave a very bad first impression on any future employees. I would suggest doing something about it.

As for the lawsuit, call a Lawyer, that is the best advice anyone on here can give you, unless they themselves are a lawyer.
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Cool
#15
This seems like a put on.
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