The "jail mail" is bring sent from attorneys that pay to get lists from police agencies. Usually they are from arrest logs, but they may also gather information from other incident logs (perhaps because yours may have been listed as a hit & run since you had to leave to call?)
The letter usually claims that before filing a formal lawsuit, the lawyer would like to see if the matter can be resolved. Some letters are written like full legal briefs, setting out all the lawyer’s arguments as to why the employee has a claim.
Often times a lawyer may write a follow-up letter to remind the client’s spouse of the importance of responding, but very rarely would a lawyer waste his or her client’s money on writing more than two letters or reminders.
A lawyer can advise you of what your chances are if you decide to fight what you have been accused of and what your potential liabilities might be. If you recently received a letter from a lawyer, contact the office of Eric Harron for a free consultation.
Some letters are written like full legal briefs, setting out all the lawyer’s arguments as to why the employee has a claim. Others provide only minimal detail and invite a conversation. Yes, the lawyer is looking for money for their client.
Commonly used by businesses, demand letters are often sent to demand money owed or restitution, but they can also be used to demand specific actions. Having your attorney draft a demand letter can be a wise move because it gives the recipient a chance to rectify the situation without facing a lawsuit.
A demand letter is a letter, usually written by an attorney on a client's behalf, demanding that the recipient of the letter take or cease a certain action.
If you have received a lawyer letter, you probably need to, at least, contact a lawyer and discuss with them your situation and the contents of the message. It's a good idea to have a competent, experienced lawyer tell you where you stand. Also, don't expect this service to be offered pro bono.
How to Respond to a Demand LetterEvaluate the letter. The first step after receiving a letter is to carefully read it and evaluate its merits. ... Determine its intent. People send demand letters for all sorts of reasons. ... Calculate the claims. ... Is a lawyer needed? ... Respond within allotted time frame.
For a legal case, the main thing that you need is a legal letter format. This is a very crucial document that designates the lawyer to act on issues on your behalf. Such a document uses language that is both accurate and formal.
Just because you've received a solicitors letter or an email, it doesn't mean you have to get a solicitor to reply to it. Even though each letter you receive will probably urge you to consult a solicitor of your own.
The fact that you ignored the demand letter will be used against you in court. The demand letter will likely end up as an exhibit to the court and jury in any subsequent litigation, and your response to the demand will be judged accordingly.
Basically, if you receive a letter of demand, it means someone is pursuing a debt they believe you owe them. And they're getting serious about it. Since the next step after an unsuccessful demand letter is to start litigation in court. The letter of demand gives you a chance to resolve the debt before it goes to court.
What to Do If You Receive a Demand Letteragree to do what the person is asking and put an end to the dispute.contact the person(or her lawyer) to explain why you don't agree with her. ... contact the person (or her lawyer) to let her know that you refuse to do what you're being asked to do and to explain why.More items...
What you are receiving is commonly called "jail mail." Your address from the police report is shared to a bunch of paid subscribers to an e-mail notification system. The attorneys then send you a flyer. That is all. To find out if there is a charge against you, call a bail bondsman.
There appears to be charges against you, possibly hit-and-run charges or leaving the scene of an accident. The attorneys that send out jail mail receive information from various law enforcement agencies. My recommendation is to meet with an attorney for the purpose of having the charges rejected, before the prosecutor files them. Good luck...
This jail mail. When you are involved in anything that might possibly be a criminal activity your name becomes public record and you get solicited for your business by this" mail".
Hiring a lawyer after receiving a letter is an excellent option. First of all , the individual will have the guidance and information they need to begin negotiating a settlement rather than immediately preparing for court. Second, the lawyer will start identifying their objectives and lining up what evidence they’ll need to win their case. If their position is weak, they will hear about it early on and know the reasons why. If their position is strong, they will know what they need to support their case. Simply put, the party would have a practical strategy on what to do and what not to do.
In family law it is especially important to think a few steps ahead. Ignoring the letter forces the opposing party’s lawyer to do one thing – recommend that his or her client proceed to Court.
The reality is that if communication is ignored, the party who received the letter can be fairly certain that they will end up in court. Doing nothing is identical to telling the other lawyer “take me to court.”
If a spouse has taken the time and money to retain a lawyer, it means they are serious. There is no reason for them to bluff. They have a goal in mind and this is why they hired a lawyer.
Hiring or retaining a lawyer is simply too expensive. Hiring a lawyer is expensive, but if a party is holding off on retaining one because they can’t afford the costs, there are options they should pursue.
Often times, if there are urgent matters, they will be addressed in the letter as well.
A lawyer letter is exactly what it sounds like – a letter from a lawyer indicating the lawyer represents one of your former (or potentially current) employees who is asserting certain claims against the company. The letter usually claims that before filing a formal lawsuit, the lawyer would like to see if the matter can be resolved.
You employment counsel can advise as to the actions the company is legally required to take. If the company has Employment Practices Liability Insurance, your carrier should be put on notice of the claims. Coordinate with your employment counsel regarding these steps as well.
If the company does not have one on retainer, or does not have an established relationship, be sure to associate with an attorney who regularly represents companies and management with regard to employment claims. See More Law Clips.
Yes, the lawyer is looking for money for their client. No, you should not ignore the letter. It is unlikely that the lawyer is going to be rejected by the company’s failure to respond to a lawyer letter. Most likely, the company will either get a second letter – or a formal law suit.
Most likely, the company will either get a second letter – or a formal law suit. Depending on the nature of the situation, it may be better for the company to attempt to resolve the asserted claims in response to a letter.
Many factors go into making the decision as to whether to respond to the letter or to ignore it. They would best be evaluated in conjunction with your employment counsel who can review the situation and provide you with advice regarding the strength of the employee’s claims. Where the company may not think that the former employee has a leg to stand on, your employment counsel may see serious exposure for the company based on certain laws that may not have been being applied.
I practice in Gainesville and I see lawsuits filed by CACH which is a collection agency that buys old debts all the time. Very often the debts they buy are so old that they do not have the paperwork to prove their claims and my clients have had their cases dismissed. You do not have the luxury of time if you have been sued.
In Eastern District of MO, where I practice, lawyer solicitation letters, based on actual filings, are common and ethically allowed. More
It very well may be a solicitation letter but a lit f the time they are right about you having been sued. You should double check as debt buyers are known to use servers that do not always sere the defendants (known s sewer service)
if you confirm that CACH has filed a lawsuit against you, you better get legal representation ASAP. Best of luck.
My guess is that the lawyer is buying information about lawsuits that have been filed hoping to earn your business to defend this suit. Never assume - check the court records! Many courts post their records online so you may not have to wait or go to the courthouse in person to find out.
When you do deal with the agency, make sure your letters are concise and to the point. Request information from the agency, but don’t provide any to them .
Only communicate in writing. Written correspondence is something of an equalizer between a collection agent and a consumer. It limits the scope of the discussion to only essential points. It also reduces the possibility the collection agency will make threats that will violate federal law and invalidate the debt.
However, if AWA Collections threatens you with legal action, you may need to hire a credit attorney.
The reality is that you’ll be dealing with both, and that’s what can make dealing with CACH LLC especially complicated.
When confronted by an aggressive collection agent, a consumer will frequently do just about anything to get rid of him or her.
Based in Greenville, South Carolina, CACH LLC began operations in 2005. They represent lenders, including those providing both credit cards and installment loans.
Many people are surprised to receive calls and notices from CACH, LLC because they have never heard of the company before. For many years, CACH, LLC was owned by Square Two Financial. In 2017, Square Two Financial filed for bankruptcy and the bulk of its portfolio was sold to Resurgent Capital Services.
CACH is a highly litigious debt collection company that has filed thousands of lawsuits against borrowers. It is important to know that you are not alone, and that there may be defenses available in your case. CACH has also been known to work with borrowers when they cannot repay the debt, particularly when they are experiencing financial hardship.
After verifying the debt and determining that you do in fact owe it, it is usually advised to try and reach a settlement with CACH. You may be able to reach an agreement with the company before you even go to court.
If CACH, LLC cannot prove the debt is yours, you should fight the lawsuit. The burden of proof lies on the company to prove that they legally own the debt, and that you owe the full amount they are asking for. A debt defense lawyer will also review the contract you signed when you incurred the debt.
It is not uncommon for people to find that CACH, LLC has obtained a judgment against them without their knowledge. For example, you may not have received the court summons and so, were not able to defend your case. In these cases, it does become much more difficult to negotiate with CACH since they have already won their court case.
If you have received notice of a lawsuit filed by CACH, LLC, our Florida debt defense lawyer can help. At Loan Lawyers, our skilled attorneys know how to fight back against debt collection lawsuits, and we will put our experience to work for you.
1: Is it normal for them to do an affidavit for a case 6 months before they even file?
Thank you Cydesmom - The"affidavit of claim" that shows Cach, llc v. Husband dated oct 8 2015 - I just found it strange that they had this paperwork done 6 months before they even filed. The case is being held at the justice of the peace precinct 4 galveston county Kathleen McCumber. I want to better understand what we are up against.
I just found it strange that they had this paperwork done 6 months before they even filed.
Thank you for that info, I definitely will bring that up. They didn't include nor did we ever receive any documentation stating that they tried to collect on the debt before we were served.
Here are some more details about the CACH bankruptcy. Square Two Financial is the parent company of CACH.
The debt collector CACH, LLC and its parent company, Square Two Financial, filed for bankruptcy on March 19, 2017. Many consumers were in the midst of debt-collection lawsuits filed by CACH, or were receiving collection calls and letters when this happened. What effect does CACH’s bankruptcy have on these consumers?
No way to know until the bankruptcy is settled. My guess is if they go under their assets will be acquired VERY cheap by another junk debt buyer.