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What's the smartest way to beat a debt buyer who put judgement against on 4 yr old CR card debt? Pay, lawyer, chapter 7?

Chattanooga, TN |

Cancel a credit card 3/4 yrs ago due to hardship and changes in privacy statement(adding anually fees). The agreement over the phone with asst. was to cancel card, stop use, make monthly payments of any $ amount can afford. Just to keep paying. No fees/interest will be added. Sure thing fees/interest up the ying yang. Called to see why and to fix it. No and misinformed and I need to make payments to keep from added fees. So I told them I'm not going to pay then. They can take me to court. After yrs of harassment from collectors. The 2nd buyer I spoke with I told them the same thing. Now the 3rd buyer CACHE LL want to sue me for $4700. I only have 15 days left to reply and make a decision. I go to court in a month. i have no assets but a job that supports 2 kids. What to do to beat this?

Attorney Answers 4

Posted

If the suit is filed "on sworn account" as I suspect it has been, you can file a sworn denial. This will force the plaintiff to put on proof as to your liability and the amount you owe. A good consumer attorney may be able to help have the case dismissed if they are unable to bring proof forward.

As pointed out by others, if you have significant other debt a bankruptcy might be your best bet.

This answer does not constitute legal advice nor form an attorney client relationship. I am not your lawyer. If you have a legal issue in Tennessee you may contact me for a free consult.

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Posted

Ty for everyone's advice. True I need to go see a lawyer for consultation. In the meantime my reply in writing to Buffaloe & Associates PLC who's representing CACH, LLC will be to ask for proof of liability.

Posted

You wrote, "What's the smartest way to beat a debt buyer who put judgement against on 4 yr old CR card debt? Pay, lawyer, chapter 7?"

A: Consult a lawyer who does bankruptcy and has consumer law expertise.

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Posted

Somehow I doubt this is your only debt, so chapter 7 bankruptcy is will probably be the least hassle, least expensive way of dealing with it.

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Posted

Yes, chapter 7 will be my 2 draw if approved.

Posted

You need to hire an attorney that focuses on defending consumers in situations like yours. In short, CACH, LLC does not even have standing to commence litigation in Tennessee. However, they do ALL OF THE TIME and generally, they win because consumers default or don't have counsel. Moreover, with this many assignees in the purported chain of title, it is extremely unlikely that they could meet their evidentiary burden in order to prevail.

Still, you need an attorney that knows what they are doing.

An aside, is Buffaloe & Associates representing them? My guess is yes.

Jason Barnette
Barnette Law Offices
309 Hollow Tree Court
Nashville, Tennessee 37221
615-585-2245
info@barnettelawoffices.com
http://www.barnettelawoffices.com

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.

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Posted

Yes, Buffaloe & Associates, PPL in your neck of the woods is representing CACH, LLC. Ty for all ur info.

Asker

Posted

Can u suggest a good consumer law defense lawyer in Chattanooga, tn. Greatly appreciated.

Jason Wade Barnette

Jason Wade Barnette

Posted

Unfortunately, no, I really can't recommend anyone in Chattanooga. However, we handle cases throughout the State of Tennessee. In debt collection and defense of the same, law firms must travel for litigation purposes. It is virtually impossible to just focus on one particular region of Tennessee.

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