[njg86]

Ok,I have a few questions here..

I received a letter/summons today.Ok,it doesn't specify a court date it just says I have 20 days to provide my written response or basically it becomes a default judgement.

Now this is a JDB agency trying to collect,I received a letter from them when they bought the debt from household(2+yrs ago),its been threw 2-3 other companies since then before I received this summons today(from the first debt collecting agency).

Ive been researching and according to what I'm finding I can request them to validate this debt they say I owe,meaning they must provide original paperwork of contract I had with household bank,also their contract with household for purchasing this debt, specifics also like payment history etc..

Now if they don't provide me with original documentation what then? This debt was bought for next to nothing,the original creditor(household) already wrote it off,received what they were owed and this company at question now is trying to collect(which to me is just numbers). CACH,LLC is the company. Im trying to research as much as I can but some experienced voices always help.

[twinkiedooter]

The summons will not contain a court date. That is set by the Court once you have been served with the summons.

You need to answer this summons within the 20 day time allowed. You can ask in your reply to the summons for the debt to be validated. As far as the original company writing off the debt - you still owe the money regardless if the company wrote it off or not.

When was the last time you paid any money on this debt? Does it exceed the statute of limitations for filing a lawsuit againt you? Don't know your state as each one is different in their SOL's.

[DownUnder]

Yes,just because a company writes off a debt it doesn't mean you don't owe it, that is simply a term used for their books,the debt may be sold several times but YOU still owe it. Have you checked on the sol's for your state? Answer the summons with in the time allowed or you may find yourself with a judgement and that is the last thing you would want.

[ScottGem]

Ive been researching and according to what im finding i can request them to validate this debt they say i owe,meaning they must provide original paperwork of contract i had with household bank,also their contract with household for purchasing this debt, specifics also like payment history etc..

Now if they dont provide me with original documentation what then? This debt was bought for next to nothing,the original creditor(household) already wrote it off,received what they were owed and this company at question now is trying to collect(which to me is just numbers). CACH,LLC is the company. Im trying to research as much as i can but some experienced voices always help.

You aren't reading very carefully. A write off does not mean they received what they owed. All it means is they were able to reduce taxable income by the amount of the loss. If the debt was bought it was for pennies on the dollar so they haven't received what YOU owe them.

Yes you CAN ask for validation, but only AFTER you respond to the summons with your Intent to Defend. After you respond, you send a letter to the plaintiff with a copy of the Intent to Defend requesting verification.

They may or may not respond prior to the hearing (after you respond the court will set a hearing date). At the hearing they will need to produce verification. If they don't you ask the court to dismiss the suit.

[njg86]

I understand what the "write off" is and I know it doesn't mean I'm cleared of everything but I'm considering the situation here.. I don't think I should get into the entire story about this,but the remaining debt is BS,its warranties,gap insurance,maintenance protection, all things that weren't used or in a sense even existed,just on paper and to me that is not a asset to the finance company. They did get the money for their motorcycle after it sold at auction(this was a repo which is what its all over) and they did get what the actual cost's,they did not lose any money whatsoever,the rest of the bill was finance charges and like I said,all those unused items.I don't know how this company can try to collect then they supposedly sold it to another company then a different company now they original company is trying to summons me? I do intend to reply with intent to defend and I am going to request all the correct documentation from this company.

[njg86]

And suppose worst comes to worst and this judgement gets put against me.. I don't own a house,I have a $2,000 car and I work 30hrs a week and barley take home 1000 a month. This wouldn't be enough for them to garnish wages would it? IM in FL

[DownUnder]

OK when you signed the papers for that bike and all of those things you said were on paper that you never used like gap insurance and maintenance protection you still signed it as a contract thus giving them the right to collect what was owed. I don't know about the garnishment laws in FL,but a judgement could freeze your bank accounts, it also stays on your credit report for years