Service Just Attempted...What Should I do?

[infiniteposs08]

What is the name of your state (only U.S. law)? California

Hi all,

As it turns out CACH LLC just filed a lawsuit against me for some debt they probably bought and I believe they just attempted service. A few months ago I had something similar happen, however, the debt collector never was able to serve me and the complaint was dismissed without prejudice.

We have had some rough financial times lately but based on what I know they are probably suing me for aunder $3000 ,which is not much from a lawyers perspective, so my guess is that they are looking for me to just to freak out and pay something before they have to do anything further.

Anyway, i am wondering if I should do anything proactive now, such as send a validation letter, I have no idea what debt they are suing me on, or if I should just wait, let them keep trying to serve me and then do an actual answer to their complaint. I know that they more debtors fight these complaints the more likely they are to just let it go.

Truthfully, I could probably pay this back in a couple of months but once you get anything charged off the way our law work a person is better off fighting the debt and payiing as little as possible because there is really not much of an upside in terms of ones credit. I bet if people were offered a little more amnesty and forgiveness more debts would be paid but this is a big business for lots of people.

Thanks!

 

[Proserpina]

What is the name of your state (only U.S. law)? California

Hi all,

As it turns out CACH LLC just filed a lawsuit against me for some debt they probably bought and I believe they just attempted service. A few months ago I had something similar happen, however, the debt collector never was able to serve me and the complaint was dismissed without prejudice.

Which simply means they can refile.

We have had some rough financial times lately but based on what I know they are probably suing me for aunder $3000 ,which is not much from a lawyers perspective, so my guess is that they are looking for me to just to freak out and pay something before they have to do anything further.

Anyway, i am wondering if I should do anything proactive now, such as send a validation letter, I have no idea what debt they are suing me on, or if I should just wait, let them keep trying to serve me and then do an actual answer to their complaint. I know that they more debtors fight these complaints the more likely they are to just let it go.

You should probably adjust your thinking.

Truthfully, I could probably pay this back in a couple of months but once you get anything charged off the way our law work a person is better off fighting the debt and payiing as little as possible because there is really not much of an upside in terms of ones credit. I bet if people were offered a little more amnesty and forgiveness more debts would be paid but this is a big business for lots of people.

Thanks!

Truthfully? You're really doing little more than prolonging the inevitable.

They will serve you. It may be by a different method, but they will do it eventually. If you're not careful the first you'll hear about it is when your wages are garnished or your bank is levied.

Of course, if people would pay as agreed, there'd be no need for "amnesty", now would there?

A charge-off is merely an accounting term.

 

[Mark Maroon]

What is the name of your state (only U.S. law)? California
As it turns out CACH LLC just filed a lawsuit against me for some debt they probably bought and I believe they just attempted service.

Proserpina has given you some good feedback.

It's not clear to me why you believe that CACH LLC just filed a lawsuit against you, or why you think that someone just attempted to serve you with a lawsuit, or why you think that a civil lawsuit was filed against you but then dismissed for lack of service (or who filed that lawsuit), or if any or all of those things are related to one another, but the best advice you will receive here (in my not-so-humble opinion) is to gather up ALL of the information that you can about any lawsuits that have been filed against you or that might be filed against you, and go see a consumer protection attorney familiar with the Fair Debt Collection Practices Act for a free consultation.

It sounds like you have already been sued by one or more entities. They are not doing this to try to "scare" you into paying your debt. That time has come and gone. If they have filed a lawsuit against you, then the time to send them a "validation letter" to prevent them from dunning you has come and gone. It is not likely that they will simply give up. It is more likely that they will ultimately serve you (even if you don't know it), and get a judgment against you. Then it is likely that they will go after your assets to pay the judgment.

 

[jimnyc]

Truthfully, I could probably pay this back in a couple of months but once you get anything charged off the way our law work a person is better off fighting the debt and payiing as little as possible because there is really not much of an upside in terms of ones credit. I bet if people were offered a little more amnesty and forgiveness more debts would be paid but this is a big business for lots of people.

Thanks!

Why not just pay it within a few months if you are capable of doing so? "Amnesty" and "forgiveness" are for truly indigent and people in dire circumstances. Based on what you mention about your prior serving/debt, and now this one, it sounds more like you're just trying to get out of paying a legitimate debt, even though you're fully capable of paying what you owe within a few months.