[mcaca441]

Hi, all,

Please help...

I received a court summon today (sept 26th, 2008), which states that I am being sued by Brachfeld & Associates (plaintiff CACH, LLC) for a debt of $1125.00 that I owned them plus interests. I have 30 days to respond, but in the court letter, it said it was filed on Aug 22nd, 2008, so it's passed 30 days, but I just received the letter today (sept 26th, 2008). It said on the envolope that they sent it on Sept 26th. What am I supposed to do now?

Moreover, I have evidence showing that I already paid Brachfeld & Associates $1392.40 on March 13th. The lady told me my case was resolved and closed, so I was so surprised and angry when I saw this court summon.

I've been trying to call them for hours today, but the lines are all busy.

Should I respond the court now, but now it's 30 days after the court letterwas issued (Aug 22nd, 2008) . However I just received this letter today (Spet 27th, 2008). It said on the envolope that they sent it on Sept 26th.

Any ideas how to deal with this.

Thanks,

Carl

[mcaca441]

There are two typos (sorry) in the first paragragh:

I received a court summon today (sept 27th, 2008),. but I just received the letter today (sept 27th, 2008),.

[JudyKayTee]

Hi, all,

please help...

I received a court summon today (sept 26th, 2008), which states that I am being sued by Brachfeld & Associates (plaintiff CACH, LLC) for a debt of $1125.00 that I owned them plus interests. I have 30 days to respond, but in the court letter, it said it was filed on Aug 22nd, 2008, so it's passed 30 days, but I just received the letter today (sept 26th, 2008). It said on the envolope that they sent it on Sept 26th. What am I supposed to do now?

Moreover, I have evidence showing that I already paid Brachfeld & Associates $1392.40 on March 13th. The lady told me my case was resolved and closed, so I was so suprised and angry when I saw this court summon.

I've been trying to call them for hours today, but the lines are all busy.

Should I respond the court now, but now it's 30 days after the court letterwas issued (Aug 22nd, 2008) . However I just received this letter today (Spet 27th, 2008). It said on the envolope that they sent it on Sept 26th.

any ideas how to deal with this.

Thanks,

Carl

It's 30 days after SERVICE ON YOU, not thirty days after the filing date - so the time begins to run when you were served.

Don't call them - respond BY LETTER, RECEIPT REQUESTED - to the Court, copy to the law firm. State that it's paid, send along your proof but be prepared to have to appear in Court to defend yourself.

You can also respond more formally but I don't know where you are and some Courts are not very willing to cooperate with non-Attorneys - I think you're better off with a letter than a fill in the blank form.

[mr.yet]

You can appeal the court decision and file notice of intend to defend, Take the letter and enevelope and make a copy to show you didn't received it until after the hearing date. The courts don't like to rehear anything since they did not proper service you with notice of a hearing.

[JudyKayTee]

You can appeal the court decision and file notice of intend to defend, Take the letter and enevelope and make a copy to show you didn't received it until after the hearing date. The courts dont like to rehear anything since they did not proper service you with notice of a hearing.

I'm reading that he was served with a Summons, that there is no Judgment, that he is within the time to respond.

What am I missing?

[mlr08]

You need to respond because if you don't, they'll grant a default judgement which will ruin your credit for at least ten years and they'll have access to your bank account or garnish your wages to recover their settlement award.

The good news is that you have a very strong case. I would first check with the courthouse listed on the document (check by case #) and make sure it is an actual summons as sometimes they send fake ones.

Then, if it is real you should send a Cease & Desist letter to Cach (I was sued by Cach last April and had the lawsuit dropped) giving them copies of the payment information and instructing them to only correspond with you in writing.

Then you need to file an Answer with the court and apply what is called, "Affirmative Defenses" which is namely that you have paid the debt. Attach copies of the payment information to your Answer. You can Google "HowtoAnswerACreditCardDebtLawsuit" and find Word templates to use.

Good luck!

[pksomu]

Sir I received second summon but until date no respone any problem for me... and complain for me civill in credit card payment more amount due . Please help.