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.