CACH, LLC - P. Scott Lowery & Associates - Collect America Nothing seems to work to stop these people!! Denver Colorado

Ok, I'm a tad confused here. For one, a judgement against your wife can't be entered unless there's already a lawsuit that's been files, AND you either didn't file an answer (you HAVE to file an answer with the court), you didn't show up for trial or you lost your case in court. How can a judgement be entered without a one of the above???

On the "verbal" issue, while there is no provision for verbal cease and desist orders, there is the ability for Debt Verification to be requested by voice.

I've dealt with these fools before (Collect Amercia), and I can tell you it saddens me when I hear that they won, supposedly, against those who most times can't or don't know how, to deal with these scoundrels.

Not sure of your financial situation or just how much the judgement is for, but you might consider bankruptcy as an alternative...a LAST alternative. For more info on how to better handle these scoundrels, visit budhibbs.com

Do a search on the internet and file a complaint with the Attorney Counsel. Also do a search on the internet for Credit Collections Laws. Find the section that lists your rights for your individual state. Then send a letter to the FTC, the Attorney Counsel and BBB. Outline how your rights have been violated. I have allready outlined a complaint against the Lowery Law Office and because of THEIR mistake and THEIR loop hole there is a "mark" or a "comment" that lists this business as one who has violated consumer rights. So long as people keep documenting that the Lowery office is breaking the law eventually it will catch up with them. ALSO--- the Lowery Law office HATES faxes because you can end your letter stating you have a confirmation fax that verifies their office did indeed receive the letter. Do everything in writing AND FAX it. Once you file your complaint with the Attorney Counsel it provides you time because the Counsel will begin an active investigation into their practices (another thing they hate). This in turn also ties up the attorneys because ONLY the attorneys can respond to the Attorney Counsel. This also gets the Customer Service $11.00 hour folks off your back because then the Attorney can communicate with you. GOOD LUCK!

Robert,

I feel for you and your wife. It sounds like you really got railroaded. I was under the impression that a collection company had to at least give you 30 days to respond to a written letter sent to you.

I too had to deal with cach llc - and at one time was sent a notice by the same attorney. I sent a copy of the letter back with a nine page V.O.D. (Verification of Debt) form and never heard from him again. Thet may have been due the fact that I am in California and not Colorado, so having to file a suit would not have worked, because the suit must take place within the jurisidition that the alledge debt took place.

Some time later I received another letter from another attorney requesting the same payment only this time the firm was in my state and city. I followed the same proceedure with my nine page vod, but this time the response was different. They sent a letter saying I had 30 days to respond or they were going to file a suit. I quickly began to educate myself as to my rights and what I could expect and what I might be able to do. www.suijuris.net has a wealth of information and members who are somewhat willing to help.

Long story short I ended up in court and lost. I lost because I was afraid of making a mistake in front of the judge. As you may know, the court is ALL procedure. The facts, not to mention the truth are secondary. Don't be fooled the courts are in business with the collection agencies. This you may know already since you work or worked in collections.

Some of the things I learned while researching were: credit debt has a statutory limit. Do a search on c.c. statutes and check what it is for your state. If you receive a summons always answer the summons, but make sure to answer with a DEMURE. ( black law dictionary 6th ed ) You might be able to challenge the summary judgement on procedure. If you do decide to challenge be sure to stand up to the judge. They are betting that you will become discouraged and give up.

If you decide to settle which is all they are truly wanting, then settle for pennies on the dollar. They paid very very little for the account so what they recover is mostly profit.

Good luck,

D.

""Verbal cease/desist is valid by FTC & FDCPA for 7 days with written letter received within that time frame). ""

Not according to section 805 of the FDCPA. Cease communications request MUST BE WRITTEN. There is no provision in the FDCPA for a verbal cease communications request.