Who is CACH and why have they sued me? This is a common question and you are not alone in asking it. In recent weeks, CACH has filed many lawsuits against consumers in western Pennsylvania. Most of these claims are based upon delinquent credit card accounts.
CACH is a company that buys bad debt to try to make a profit. They can be grouped with other companies that are known as Junk Debt Buyers. They buy large blocks of allegedly defaulted credit card accounts or student loans for pennies on the dollar for the sole purpose of attempting to collect whatever they can on those accounts from individuals just like you. They file many lawsuits across Pennsylvania on a daily basis in hopes of collecting on old debt claims that have been charged off by the original creditor.
Keep in mind right from the start that CACH is NOT working for the original creditor. They are a BUYER and that means that they own the account that you defaulted on. If you make a payment or settlement with CACH, the original creditor is not going to receive any money. Anything that you pay becomes pure profit for them. This is why we recommend strongly that you contact a consumer attorney, whether its one of ours or another before you have any phone or written dealings with this company.
How Does Artim Law Beat CACH In Court?
Currently, CACH appears to be filing all of its claims in District Justice court. This is an approach that many junk debt buyers are now following. The reason that they file in this court is that they know most people who are sued will do nothing. If you do nothing, then they will automatically win without even having to show up. Yes, the key to beating CACH is to “show up”. Well, its not really that simple. In order to prevail in court, CACH or any other debt buyer would need to produce a sufficient amount of evidence. This evidence is in the form of written documentation. In a nutshell, they need to produce your entire credit file. The contracts, terms and conditions, monthly statements, and most importantly, a contract showing that they bought your account from the original creditor. It’s quite a bit of documentation that is required. Even if they do produce it, we have ways of making the evidence “inadmissable” in court. That is, our argument is that the judge shouldn’t look at the documentation even if CACH provides it. In the alternative to using documentation, CACH can use you to prove its case. That’s right, they can call you as a witness and ask you questions that would help them prove their case. This is perfectly legal. The key to beating CACH is to hire a consumer attorney. Send the attorney to the hearing, and you stay home or go to work or school… whatever it is that you normally do. They cannot question me or my firm, they have no witness. As long as the judge follows the law, you win.
Our firm has a great deal of experience in defending credit card collection cases. With the rise of delinquent debt and the outsourcing of that debt to shady collection agencies, having an attorney to protect your interests has become vital. Please do not go it alone. At a minimum, get a consultation with a consumer attorney, whether its our firm or another. If you have been sued in Pennsylvania by CACH or another collection agency, our firm can help you defend this claim at minimal cost, with a great chance at success. Contact our office here, or call me at 412-823-8003.