Sued by CACH LLC in Idaho? Here's What to Do Next
Idaho RESPONSE DEADLINE
21 Days
from the date you were served
STATUTE OF LIMITATIONS
5 Years
for typical CACH LLC debts in ID
WAGE GARNISHMENT
Allowed — up to 25%
CACH LLC in Idaho
CACH LLC files fewer cases in Idaho than in larger states — the CFPB Consumer Complaint Database shows no Idaho 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 5-year Idaho 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.
Idaho-Specific Defenses Against CACH LLC
Statute of Limitations Defense
In Idaho, the statute of limitations for credit card debt is 5 years. If your last payment was more than 5 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 Idaho 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.
Idaho Wage Garnishment Exemptions
Federal garnishment limits apply. 75% of disposable earnings exempt.
Idaho Consumer Protection Act
In addition to the federal FDCPA, Idaho's Idaho Consumer Protection Act may provide additional protections and remedies against CACH LLC's collection practices.
Idaho Court System
Small claims limit $5,000. Magistrate division handles smaller civil cases. Filing fees in Idaho typically range $60-$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 Idaho
| Debt Type | SOL (Years) |
|---|---|
| Credit Card | 5 |
| Medical | 5 |
| Auto | 5 |
| Personal Loan | 5 |
| Written Contract | 5 |
| Oral Contract | 4 |
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 in Idaho?
21 days from service to file your Answer.
What is the SOL for credit card debt in Idaho?
5 years for written contracts and credit cards.
Can they garnish wages in Idaho?
Yes. Federal limits apply — up to 25% of disposable earnings.
Where do I file my Answer in Idaho?
In the same court listed on the summons you received. Typically magistrate court or district court.
What is Idaho's statute of limitations on credit-card debt?
Idaho's statute of limitations is five years for written contracts under Idaho Code § 5-216 and four years for oral contracts under Idaho Code § 5-217. Most credit-card cases are brought under the written-contract limit because the cardholder agreement is in writing. The clock typically starts on the date of the last payment or the date of charge-off. If you are sued more than five years after the last activity, statute of limitations is an affirmative defense you must plead in your answer under Idaho Rule of Civil Procedure 8(c), or you waive it. Filing a time-barred debt collection lawsuit can support a counterclaim under the federal FDCPA at 15 U.S.C. § 1692e and the Idaho Consumer Protection Act at Idaho Code § 48-603. Be careful about making partial payments or written acknowledgments because they can restart the clock under Idaho Code § 5-238.
How much can be garnished from my paycheck in Idaho?
Idaho follows the federal cap at 15 U.S.C. § 1673, codified at Idaho Code § 11-207, which limits garnishment to the lesser of 25 percent of weekly disposable earnings or the amount by which disposable earnings exceed 30 times the federal minimum wage. Disposable earnings means gross pay minus required deductions like federal and state income tax, FICA, and Medicare. Voluntary deductions like 401(k) contributions, health insurance above legally required amounts, and union dues are not subtracted. Child support, alimony, taxes, and federal student-loan garnishments follow different and usually higher percentages. Social Security, SSI, VA benefits, unemployment, and workers compensation are fully exempt under federal law and Idaho Code § 11-603. After service, you may file a claim of exemption with the court to preserve protected funds.
Is the debt collector calling me licensed in Idaho?
Under the Idaho Collection Agency Act at Idaho Code § 26-2223, any person operating as a collection agency in Idaho must be licensed by the Idaho Department of Finance. Unlicensed activity is illegal and can be a defense in any collection lawsuit. You can check whether a specific collector is licensed by searching the Idaho Department of Finance licensee database online or by calling the Department at 208-332-8000. If a collector is not licensed, you can raise it as an affirmative defense and complain to the Idaho Department of Finance and the Idaho Attorney General Consumer Protection Division at 1-800-432-3545. Combining a licensing challenge with a federal FDCPA claim under 15 U.S.C. § 1692e(5) for threatening action the collector cannot legally take strengthens the defense.
Can a creditor take my car or other property to satisfy an Idaho judgment?
After a judgment, a creditor can apply for a writ of execution under Idaho Code § 11-301 directing the sheriff to seize and sell nonexempt property. But Idaho Code § 11-605 provides significant personal-property exemptions, including up to $7,000 in motor-vehicle equity, household furnishings up to $750 per item, tools of the trade up to $2,500, and an $800 wildcard exemption. Idaho Code § 55-1003 provides a homestead exemption of up to $175,000 in equity in your primary residence. Most retirement accounts under Idaho Code § 11-604A and Social Security, SSI, VA benefits, and unemployment under federal law and Idaho Code § 11-603 are also exempt. You preserve these exemptions by filing a written claim with the court within 14 days of receiving notice under Idaho Code § 11-203.
How do I respond to a debt-collection lawsuit in Idaho magistrate court?
If you are sued in Idaho magistrate court for an amount above $5,000, you must file a written answer within 21 days of service under Idaho Rule of Civil Procedure 12(a). For small-claims cases up to $5,000, you must appear at the date and time listed on the summons. In your answer, deny the allegations you do not know to be true, demand strict proof of the chain of title from the original creditor, and assert affirmative defenses including statute of limitations under Idaho Code § 5-216, lack of standing, unlicensed-collection activity under Idaho Code § 26-2223, and any Idaho Consumer Protection Act counterclaim under Idaho Code § 48-603. The Idaho Supreme Court provides free, fillable answer forms through the iCourt portal. Ignoring the summons will lead to default judgment and post-judgment collection actions.
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 Idaho?
The 21-day Idaho 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 Idaho state law. It is not legal advice. Statutes and court rules change — consult a licensed attorney in Idaho for guidance on your specific case.
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