I never applied for, received, nor used this credit card. Haven't had any kind of credit card since the 1980's. I have repeatedly sent requests to them asking for a copy of the credit card agreement or charge slips with signatures. They have ignored me. In a hearing in Sept., the judge let them get away with this, set trial for Nov. 19 and told me that if I didn't have a lawyer, I had no rights in his courtroom. I am recently widowed, have a fixed income, and can't afford a lawyer. What can I do?
You should see a consumer lawyer as soon as possible. Based on what you described in your question, it sounds like you have a good case for a Fair Debt Collection Practices Act law suit. This type of claim has a "fee-shifting" provision which means that if you win your case, Cach LLC will have to pay your attorney. Because a Fair Debt Collection Practices Act claim has the fee-shifting provision, a good consumer lawyer should be willing to take this case on a contingency basis (which means you don't have to pay anything if you lose -- if you win, the other side will pay).
Did you keep copies of your letters asking them to confirm the debt? It would be very helpful if you did -- if you didn't try to write down everything about your contact with Cach LLC before you see an attorney -- the dates you wrote or spoke to them (or as best as you remember) and what you said. Also, find everything you have from them, any letters from them and any paperwork from the lawsuit.
The Fair Debt lawsuit might need to be brought separate from the collection case against you. However, if you have a strong Fair Debt case, then a consumer lawyer would probably be willing to work out something reasonable to defend you in the collection case. A good place to find consumer lawyers (other than here) is on the National Association of Consumer Advocates (NACA) website.
good luck!
Again, you should really try to find a consumer lawyer to help you. If you can't find one before the trial, then you should make sure the the trial is "on the record" (which means that a transcript of the hearing is made) and make sure your defense that the debt is not yours is recorded. Also, make sure that your demand that the credit card company prove that the debt is yours. Even if the judge rules against you, you might be able to find a lawyer to help you appeal the case. I've included the link to the National Association of Consumer Advocates below. Even if there is not one in your area, it makes sense to call one of the Tennessee lawyers to see if they can recommend one. Also, if you are on a fixed income, you might qualify for help from legal aid - some of them have senior law projects for which you don't need to be income-eligible. I've included a link to Tennessee Legal Aid as well.
Make sure that you keep your copies of your certified letters -- they will be key evidence if you do have a Fair Debt Collection Practices Act (FDCPA) law suit.
Jason Wade BarnetteDebt Settlement AttorneyNashville, TN ·
Debt purchasers such as Cach LLC do not have records. This is why they put on flimsy affidavits. This can even be stricken and counter-claims can certainly be filed in most instances.
Still, you need a skilled consumer protection attorney to represent you and get the action dismissed.
Jason Barnette, Esq.
Barnette Law Offices, LLC
1800 Hayes Street; Suite 122
Nashville, TN 37203
615-585-2245
http://www.barnettelawoffices.com
