Culik Law Vacates Judgments of Debt Buyer CACH, LLC
In two recent cases, Culik Law obtained court orders vacating default judgments against Massachusetts consumers by debt buyer CACH, LLC.
The judgments had been entered against a Massachusetts consumer over five years earlier. The court held that the judgment was void because CACH, LLC was not licensed to collect debts, in violation of Massachusetts law.
CACH had asked the court to garnish the consumer’s wages. In response, the consumer argued that CACH, LLC was not licensed to collect debts in Massachusetts. The court agreed, found the judgment to be void, and ordered the judgment to be vacated.
In another recent case CACH attempted to garnish a consumer’s wages related to a default judgment from over four years ago. Like in the other case, the consumer, represented by Culik Law, argued that CACH is unlicensed to collect debts. The court granted the consumer’s motion to vacate the judgment as void, agreeing that CACH is a debt collector and is required to be licensed in Massachusetts. In that case, the judge wrote:
As CACH, LLC is the named plaintiff, CACH notified the defendant indirectly that it may report information about your account to credit bureau and defendant was provided instructions for making payment directly to CACH in some circumstances (i.e. if paying through Western Union), this Court concludes … that CACH retained sufficient control that it was a debt collector, required by statute to be licensed, and the failure to obtain this license was a violation of G.L. c. 93 §§ 24 and 28. The judgment is void ab initio.
In both cases, the court rejected CACH’s argument that it was a “passive debt buyer” and was not required to be licensed in Massachusetts.
The Massachusetts Supreme Court will soon hear a case that decides, once and for all, whether so-called passive debt buyers must obtain debt-collection licenses to operate in Massachusetts. In our opinion, the above two cases indicate the direction that the high court will go. This issue is sure to continue to be hotly contested.
If you are having debt collection issues with CACH, give us a call. Culik Law is a consumer protection law firm representing clients in Massachusetts. Our attorneys have handled numerous cases against CACH and many other debt collectors.