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Best to get a lawyer or do I wait to show in court? What's my defense here? Can they even sue me, I no assets, separated w/2kids

Chattanooga, TN |

A process server delivered a affidavit of claim papers to my house sign for by husband. I was to be sue for pass credit card debt - Bank of America $4741.04. CACH LLC a collection agency is the plaintiff. The man kept telling my husband that i need to call 1-800 no. The claim was dated Oct. 4, 2012 and then filed on Jan. 7th, 2013. I called to cancel that credit card long time ago when the company made new changes to agreement. New yearly annual fees. Was told that the card once cancel will not achieve interest or fees as long as payment on account and It can no longer be in use. So I cancel! Sure thing rates, late fees, etc. was added to acct. sky high. Called for explanation. Nothing but a breech. Not going to pay all those fees for nothing. I have 2 kids to feed.

Addition info on sheet. Cach is sueing me from the state of Colorado, they purchased the acct. from original creditor or its assignee and is now the current creditor of acct. it shows attorney of associated PLC for the plaintiff. I assume this case is that its a debt buyer who hired a attorney to sue me? What are my chances of defense when everything was over the phone. Say 3-4 yrs ago.

Attorney Answers 1

  1. It is certainly best to get an attorney in a case such as this. First, you are correct in that CACH, LLC is a debt purchaser subject to the Tennessee Collection Services Act. Second, depending on the underlying agreement with Bank of America - actually FIA Card Services or MBNA - CACH, LLC may tack on interest and fees in some cases as well as court cases. However, you're right in that attorney's fees in contract actions are impermissible.

    In any event, yes, you need to retain counsel inasmuch as there are standing and evidentiary issues that really only a lawyer skilled in debt collection defense can articulate well to a General Sessions Court judge and opposing counsel (who I would presume is McLemore and Eddington in your neck of Tennessee or perhaps, Buffaloe and Associates from our neck of Tennessee).

    Please feel free to contact us for a free consultation.

    Jason Barnette, Esq.
    Barnette Law Offices
    309 Hollow Tree Court
    Nashville, Tennessee 37221

    I am not your attorney nor is any answer I may provide legal advice. You may contact me directly for legal advice only if you are a resident of Tennessee insofar as I only practice in Tennessee.