CACV OF COLORADO LLC I am being sued and CACV ignores my request for discovery to prepare for court Ripoff St Louis Missouri

CACV of Colorado is what is known as a Scavenger debt Collector. They buy "written off debt for pennys on the dollar" and use every means possible to collect.

Common practice is to threaten or even sue consumers after statue of limits expire (usually 5-7 yrs in most states) or to sue in a state other than what is legal under the Federal Fair debt Collecting Practice (15 USC 1692i). All in hopes the get a default judgment.

I'm currently being sued by CACV in Colorado for a CC they claim is 12 yrs old, I did not know of the lawsuit until a friend told me I was on the Kentucky docket (court) requesting that the Colorado court was unable to contact me in Kentucky and allow a default judgment take place in Colorado for 15000. If anyones willing to do a class action against CACV of Colorado I'm all in.

I did finally recieve a discovery letter from Gamache and Myers affiliated with CACV of colorado.

It contained A faxed copy dated 8/10/2005 of a credit card bill with a payment due date of 6/6/2003 without an itemized list of charges, authorizations and signatures. There are no activity dates or references as to where the debt originated.
-A credit card application signed and submitted 7/17/00
A faxed copy dated 8/10/2005 showing a new balance of $0 and that the account was charged off in June 2003.

I wrote and of course sent certified mail a copy to the county judge, CACV World headquarters and the original to Gamache and Myers the following requests:


1. Full account history of this account, including itemized charges, authorizations and dates of activity for each, including name of business/merchant, addresses, phone numbers and origination of card use.

2. Actual proof of payment of the above referenced debt and amount paid by Gamache and Myers PC and/or CACV of Colorado to Chase for this alleged debt.

3. Proof of attempt to contact me about your business prior to a lawsuit about collection.

4. A contract that I signed creating a financial responsibility to Gamache and Myers and/or CACV of Colorado stating that I owe the above referenced debt.

The process server has not returned, I have not had a judgement placed on me and the bottom feeding junk debt buyers known as Gamache and Myers and CACV have moved on to the next guy. Never aknowledge the debt. You will get corned into a default judgement by these rip off artists. They wanted $7,000 more than the original debt.

Be careful and good luck!

In the original post, there was only mention of recieving a collection letter from some bottomfeeders. Then a mention of a process server trying to serve something.

If indeed they filed a lawsuit and ignored your request for debt validation prior to doing so, you can get the lawsuit tossed as frivolous.

Here is the $1000 question. Do you have PROOF of the debt validation request you sent in response to their first collection letter?

These letters should always be sent by certified mail, return reciept requested. And the certified# should be put on the letter itself and a copy kept for your records.

If it was not sent this way, they will surely say they never recieved it. Then the game is on. Here's why. You show a reciept showing you sent them a certified letter, but have no proof of exactly what you sent. They could say the envelope was empty and that claim would stand up in court.

At this point, you will need to file a discovery motion. This needs to be prepared in proper format and filed with the clerk of court. The clerk will sometimes show you a sample.

While at the courthouse file for a continuance of your court date while waiting on the discovery.

If you do not get the dicovery request fulfilled within 30 days, file a motion to dismiss.

Then countersue them for the damages they have caused you with their frivolous lawsuit. Also file bar association complaints and ftc complaints.

Good luck.

even if they some how come up with a contract, a credit is not a written contract, it open, that come right out of T-I-L-A section 2

these collection lawyers try to get contract in as written, knowing it to be false evidence when submited like that

google Truth in lending act read parg. 2
not have read all the posts here, this debt is well beyong Florida Statute of limitation read chapter 95 under florida

you have right by law to see everything they are going touse in court, look up thr civil rules for florida and we should be able to follow .

rquest discovery, witness list and what can thet state to the court, whom fron the credit card company is being send in for trial

based on the little you wrote, 2 thins have happen 1, they went behind your back deny you due process and had a defaultment or summary judge, you have a right to be at that hearing.

the second thing is this letter is to rope you in and no judge singed it, check with the court.

Go to this website:

budhibbs.com

it has a long list of terrorist (bill collectors) and how to deal with them.

cheers!

http://www.RipOffReport.com/view.asp?id=231037

J - I am experiencing the same thing you are in Oklahoma. I got a similar one dismissed but in Oklahoma you have to file an "Answer". The Lakewood reply in this thread above, was what I should have done right off. I posted how I stumbled through the civil procedure aspects. On your state site, is there a "research" section, where you can acquaint with the law.

Also, I went to the free credit report site and was able to get my free credit report that supported the SOL, which is 3 years for credit cards in Oklahoma.

Think you might find some useful info in the above thread. They are similar group of collectors. Good luck

"in Oklahoma"

Thank you very much J for the info. I did check the statue of limitations and it has past. Its 5 years for credit card accounts and 10 for written. Unless they can provide a written contract that I signed its useless.
I checked my credit report and the credit card is listed as a revolving account closed 02/2003 and the pay status is charged off as bad debt. The actual opened date was 8/2000 (I listed the wrong date earlier)

It also says it was sold to CACV of colorado. Now they are attempting to collect over $8,000 for a credit card with a $2000 limit (not $1000 as stated above, i forgot, long time ago)

I have written another request for copies of a written contract, an itemized list of charges, proof of ownership, and proof of any attempts to collect prior to a lawsuit. I had not received a letter once in the past 5 years about this. Not one.

On the letter I stated a copy was being sent to the circuit court judge as well. I am definately sending the court one certified mail as well. Let's see what happens!

Its only fair to provide proof of debt. I think many people get scared by the collectors and pay without question.

I'm not an attorney.

Most states have a certain way to file motions, and a simple letter may not be the proper way to request discovery, and if you don't have proof of any mailing or filed copies with the court, The attorney will not answer.

rules 56 has to do with discovery, and rules 55 has to do with affirmative defense.

If you are served with a summons sometimes a lawyer is needed, you have to make sure you respond with your answers, within a certain amount of time, if you don't they will get a default judgement.

If the statute of limitation have expired, you need to bring that up in your responds.

Statute of limitation generally state at the time of the default. credit card are open accounts(revolving accounts) as it states in the TILA, most collection agency try to file credit cards as a writen contract, because most states have a longer SOL on them.

To help you out, look thru these post for a Mississippi address or go the other posts ( collection agencies) and look for an address in St. Pete Florida in those posts is a way to point you in the right direction on how to answer a summon, request discovery, questions and request for admissions.