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CACH ISN'T LICENSED TO DO BUSINESS IN CA BUT IS USING A CA LAW FIRM TO THREATEN SUIT FOR A DEBT . HOW SHOULD I ANSWER IF SUED ?

Chino Hills, CA |

WHAT CAN I PUT IN AN ANSWER TO SHOW THAT THEY CAN'T SUE FOR THIS DEBT BASED ON THEIR LOCATION ? THEY MAINTAIN AN OFFICE IN COLORADO , BUT NOT IN CALIFORNIA.

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Attorney answers 4

Posted

I am not sure what CACH means but any entity can sue a California defendant in California. Many entities such as corporations must be represented by a licensed California attorney.

This is not a comprehensive answer and it is impossible to provide a meaningful response without a consultation. Call us for more information. 619.797.5456 www.mataelelaw.com

Asker

Posted

They are an LLC who is known as a junk credit card debt buyer and are registered to do business in their state only, which is Colorado.

Posted

Just because a business isn't licensed in the state doesn't preclude them from seeking to collect debts owed to them in the state. Cach is a large debt collection company and is licensed as a debt collector in Nevada. Are you sure they aren't also licensed as a debt collector in California? They do not need to have a business license or have a physical presence to be licensed by the state to engage in debt collection. Hope this perspective helps!

Posted

As long as the collection agency/debt buyer is represented by a CA licensed attorney, you can be sued by them. The fact that they are not licensed to do business in CA doesn't change that fact.

Nice try, but sorry, these aren't droids you're looking for.

Dorothy G Bunce

Dorothy G Bunce

Posted

What's a droid in this context?

Matthew Scott Berkus

Matthew Scott Berkus

Posted

Sorry, geeky Star Wars quote, meaning the person is barking up the wrong tree.

Dorothy G Bunce

Dorothy G Bunce

Posted

I thought perhaps you were referring to the attorney answers as being droids as in not really answering the question - my mistake!

Posted

What you would put in your Answer is called a "Plea in Abatement." You can allege this. If you can prove it, the lawsuit may be delayed while CACH complies with any legal requirements that it failed to do. You should review California Corporations Code section 191.

CACH is usually represented, in California, by Neuheisel in Sacramento, the Briesmeister office in Montclair or Russell Davis in Solana Beach. They have dealt with this issue before.

You should have an attorney review the entire case. This one issue may not be dispositive. Does the underlying contract include an attorney's fees clause? If so, and if you win, the other side may be responsible for paying your attorney's fees.

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