Sued by CACH LLC in Alaska? Here's What to Do Next
Alaska RESPONSE DEADLINE
20 Days
from the date you were served
STATUTE OF LIMITATIONS
3 Years
for typical CACH LLC debts in AK
WAGE GARNISHMENT
Allowed — up to 25%
CACH LLC in Alaska
CACH LLC files fewer cases in Alaska than in larger states — the CFPB Consumer Complaint Database shows no Alaska complaints against CACH LLC in the last 24 months. The legal playbook is the same: CACH LLC must still prove they own the debt, the amount they claim is correct, and the 3-year Alaska statute of limitations has not run.
About CACH LLC
CACH LLC is a debt buying company that purchases portfolios of defaulted consumer accounts. CACH is one of the more aggressive small-to-medium debt buyers and files lawsuits across multiple states. They are known for purchasing older debts and pursuing collection on accounts where documentation may be thin. CACH has been the subject of numerous FDCPA lawsuits from consumers who challenged their collection practices.
Type: Debt Buyer. Common debt types: credit card, personal loan, medical.
CFPB Enforcement History
CACH, LLC is a debt buyer that was owned by SquareTwo Financial Corporation until both filed for Chapter 11 bankruptcy in March 2017, after which CACH's debt portfolio was sold to Resurgent Capital Services LP. We could not identify a public CFPB consent order or enforcement action against CACH itself, but the company has been named in numerous private FDCPA lawsuits over its collection practices and continues to appear on consumers' credit reports.
Alaska-Specific Defenses Against CACH LLC
Statute of Limitations Defense
In Alaska, the statute of limitations for credit card debt is 3 years. If your last payment was more than 3 years ago, the debt is time-barred. CACH LLC has been the subject of CFPB findings related to suing on time-barred debts — check your dates carefully and raise the SOL defense in your Answer.
Lack of Standing / Chain of Title
As a debt buyer, CACH LLC must prove they actually purchased your specific account. Demand the complete chain of title — the purchase agreement, bill of sale, and assignment documents. In Alaska courts, failing to produce this documentation can result in dismissal.
Challenge the Amount
Demand a complete accounting from the original creditor's last statement through the current claimed balance. Any unauthorized fees, post-charge-off interest, or collection costs not in the original agreement should be disputed line by line.
Alaska Wage Garnishment Exemptions
Same as federal limit: lesser of 25% of disposable earnings or amount exceeding 30x minimum wage.
Alaska Unfair Trade Practices and Consumer Protection Act
In addition to the federal FDCPA, Alaska's Alaska Unfair Trade Practices and Consumer Protection Act may provide additional protections and remedies against CACH LLC's collection practices.
Alaska Court System
Small claims limit is $10,000. District court handles larger civil cases. Filing fees in Alaska typically range $75-$250.
Common FDCPA Violations by CACH LLC
- Filing suit without adequate chain-of-title documentation
- Attempting to collect debts past the statute of limitations
- Using generic bill-of-sale documents that do not identify the specific account
- Failing to validate debts after receiving timely written dispute
- Suing in inconvenient forums far from where the consumer lives
Statute of Limitations in Alaska
| Debt Type | SOL (Years) |
|---|---|
| Credit Card | 3 |
| Medical | 6 |
| Auto | 4 |
| Personal Loan | 6 |
| Written Contract | 6 |
| Oral Contract | 3 |
Frequently Asked Questions
Who is CACH LLC?
CACH LLC is a debt buying company that purchases defaulted consumer debts and sues to collect. They are not the original creditor and must prove they properly purchased your specific account.
Does CACH LLC have proper documentation?
Often, no. CACH is known for filing lawsuits with minimal documentation. They may use generic bills of sale that do not specifically identify your account. Challenge them to prove ownership.
How old is the debt CACH is suing me for?
CACH frequently purchases older debts. Check your state's statute of limitations — if the debt is too old, you have a complete defense. Do not make any payments, as this could restart the clock.
Can I get the CACH lawsuit dismissed?
Yes, many CACH lawsuits are dismissed when consumers file an Answer and challenge the debt buyer's standing, documentation, and compliance with the statute of limitations.
How long do I have to respond to a debt lawsuit in Alaska?
You have 20 days from service to file your Answer.
What is the statute of limitations for credit card debt in Alaska?
3 years for open accounts like credit cards. 6 years for written contracts.
Can my wages be garnished in Alaska?
Yes. Up to 25% of disposable earnings after a court judgment.
What is Alaska's consumer protection law?
The Alaska Unfair Trade Practices and Consumer Protection Act provides protections against deceptive business practices.
How does Alaska's three-year statute of limitations on credit card debt work?
Alaska Stat. § 09.10.053 sets a three-year statute of limitations for actions on a contract or liability, including most credit card accounts treated as open accounts. The clock typically begins on the date of last payment or default. If the collector sues you more than three years after that date, the suit is time-barred and you should raise the statute of limitations as an affirmative defense in your Answer. Filing suit on a knowingly time-barred debt also violates 15 U.S.C. § 1692e(2) and § 1692f(1) of the federal FDCPA, which can support a counterclaim for $1,000 in statutory damages plus actual damages and attorney's fees under § 1692k. Be aware that a written promise to pay or a partial payment in certain circumstances can restart the clock, so do not acknowledge an old debt in writing or make a payment without first confirming whether the SOL has run.
Are all debt collectors required to be licensed in Alaska?
Yes. Alaska Stat. §§ 08.24.011-08.24.410 require collection agencies operating in the state to hold a current license from the Alaska Division of Corporations, Business and Professional Licensing. If a collector is suing or contacting you and is not licensed in Alaska, that is itself a defense and a potential violation under both state law and the federal FDCPA's prohibition on false representation of authority under 15 U.S.C. § 1692e(9). You can verify a collector's license status on the Division's online portal. Raise the lack of licensing in your Answer and ask the court to dismiss the suit. A collector who is not licensed in Alaska generally cannot maintain a collection action or recover a judgment, and continued attempts to collect from an unlicensed posture can support a UTPCPA claim under Alaska Stat. § 45.50.471 with treble damages.
Can a collector garnish my Permanent Fund Dividend in Alaska?
The Alaska Permanent Fund Dividend (PFD) is partially protected, but not as fully as people sometimes assume. Under Alaska Stat. § 43.23.065, the PFD is exempt from levy and garnishment for most ordinary debts, except for specific obligations like child support, court-ordered restitution, and certain state debts. A typical credit card or medical debt collector cannot garnish your PFD if you properly claim the exemption. To preserve the exemption, file a claim with the court and the Permanent Fund Dividend Division promptly after notice. Wages remain subject to the federal 25% cap under 15 U.S.C. § 1673 plus Alaska's weekly disposable earnings floor of $473 under Alaska Stat. § 09.38.030. Federal benefits like Social Security, SSI, and VA payments are protected under 42 U.S.C. § 407 and should be kept in an account where they can be traced for the two-month bank-levy protection rule.
How do I respond to a debt lawsuit if I'm in a rural part of Alaska?
Alaska's court system operates statewide but venue is divided into four judicial districts. The federal FDCPA at 15 U.S.C. § 1692i requires the collector to sue you in the judicial district where you live or where you signed the original contract. If you live in a rural community, that means the suit should be in the district court covering your area, not Anchorage as a matter of convenience for the collector. You generally have 20 days from service to file a written Answer. Alaska courts accept filings by mail, fax, or through the TrueFiling electronic system, and the Alaska Court System provides free fillable Answer forms for unrepresented defendants. If you cannot appear in person, you can often appear telephonically; request that accommodation as soon as you file. Missing the deadline allows a default judgment and exposes you to wage garnishment and bank levies.
What is the Alaska Unfair Trade Practices Act and how does it apply to collectors?
The Alaska Unfair Trade Practices and Consumer Protection Act (Alaska Stat. §§ 45.50.471 et seq.) prohibits unfair or deceptive acts and practices in trade or commerce. Courts have applied it to debt collection conduct that is misleading or oppressive, including false threats, misrepresentation of debt amounts, and continued collection after a written cease-and-desist. Under Alaska Stat. § 45.50.531, a successful plaintiff recovers the greater of $500 or three times actual damages, plus attorney's fees and costs. The UTPCPA reaches conduct by both third-party debt collectors and, unlike the federal FDCPA, original creditors operating in trade or commerce. If you can document FDCPA-style violations such as harassment under 15 U.S.C. § 1692d, false statements under § 1692e, or unfair practices under § 1692f, the same facts often support a parallel UTPCPA counterclaim with treble damages.
Sued by CACH LLC in Another State?
CACH LLC files cases nationwide. Select your state for the response deadline, statute of limitations, and state-specific defenses.
Sued by a Different Collector in Alaska?
The 20-day Alaska response deadline applies no matter who sued you. Pick the creditor on your summons for creditor-specific defenses.
This page summarizes public information from the CFPB Consumer Complaint Database, CFPB enforcement records, and Alaska state law. It is not legal advice. Statutes and court rules change — consult a licensed attorney in Alaska for guidance on your specific case.
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