Sued by CACH LLC in Iowa? Here's What to Do Next
Iowa RESPONSE DEADLINE
20 Days
from the date you were served
STATUTE OF LIMITATIONS
5 Years
for typical CACH LLC debts in IA
WAGE GARNISHMENT
Allowed — up to 25%
CACH LLC in Iowa
CACH LLC files fewer cases in Iowa than in larger states — the CFPB Consumer Complaint Database shows no Iowa 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 Iowa 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.
Iowa-Specific Defenses Against CACH LLC
Statute of Limitations Defense
In Iowa, 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 Iowa 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.
Iowa Wage Garnishment Exemptions
Greater of 75% of disposable earnings or 40x federal minimum wage is exempt.
Iowa Consumer Fraud Act
In addition to the federal FDCPA, Iowa's Iowa Consumer Fraud Act may provide additional protections and remedies against CACH LLC's collection practices.
Iowa Court System
Small claims limit $6,500. District court handles larger civil cases. Filing fees in Iowa typically range $50-$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 Iowa
| Debt Type | SOL (Years) |
|---|---|
| Credit Card | 5 |
| Medical | 5 |
| Auto | 5 |
| Personal Loan | 5 |
| Written Contract | 10 |
| Oral Contract | 5 |
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 Iowa?
20 days from service.
What is the SOL in Iowa?
5 years for credit cards. 10 years for written contracts.
Can they garnish my wages?
Yes. The greater of 75% of disposable earnings or 40x minimum wage is exempt.
Where do I file my Answer?
In the court listed on your summons, typically district court.
What is the statute of limitations on debt in Iowa?
Iowa's statute of limitations is 10 years for a written contract under Iowa Code § 614.1(5), and five years for an unwritten contract or open account under Iowa Code § 614.1(4). Iowa courts have generally applied the 10-year written-contract limit to credit-card debt because the cardholder agreement is in writing. The clock starts on the date of the last payment or the date of charge-off, depending on the agreement. If you are sued after 10 years, statute of limitations is an affirmative defense you must plead in your answer under Iowa Rule of Civil Procedure 1.421 or you waive it. Filing a time-barred collection lawsuit can support a counterclaim under the federal FDCPA at 15 U.S.C. § 1692e and the Iowa Consumer Credit Code at § 537.7103. Partial payment or written acknowledgment can restart the clock under Iowa Code § 614.11.
How much can be garnished from my paycheck in Iowa?
Iowa wage-garnishment law at Iowa Code § 642.21 is more protective than federal law for low and middle earners. The total amount a creditor can garnish in a year is capped by income bracket: $250 if annual earnings are between $12,000 and $16,000, $400 between $16,000 and $24,000, $800 between $24,000 and $35,000, $1,500 between $35,000 and $50,000, and 10 percent of annual earnings if above $50,000. Earners below $12,000 are fully exempt from consumer-debt garnishment. The federal cap at 15 U.S.C. § 1673 of 25 percent of disposable earnings still applies on a per-pay basis. Social Security, SSI, VA benefits, unemployment, workers compensation, and most retirement accounts are exempt under federal law and Iowa Code § 627.6. File a claim of exemption with the clerk after notice.
Can a collector freeze my Iowa bank account after winning a judgment?
After a judgment, an Iowa creditor can apply for a writ of garnishment under Iowa Code § 642.4 directed to your bank. The bank will hold the funds up to the judgment amount until further order. Iowa Code § 627.6 provides exemptions for most retirement accounts, life insurance proceeds, and a $1,000 wildcard. Federal law exempts Social Security, SSI, VA benefits, unemployment, child support, and federal student aid. The federal Treasury Garnishment Rule at 31 CFR Part 212 requires banks to look back two months for direct-deposited federal benefits and protect them automatically. For non-protected funds, file a claim of exemption with the court within 10 days of notice. Iowa law also includes a head-of-household exemption applicable to certain bank deposits.
What can a debt collector legally say to me in Iowa?
Both the federal FDCPA at 15 U.S.C. § 1692c-§ 1692f and the Iowa Consumer Credit Code at Iowa Code § 537.7103 limit collector conduct. Collectors cannot call before 8 a.m. or after 9 p.m. local time without your consent, cannot use obscene or threatening language, cannot misrepresent the amount or legal status of the debt, and cannot threaten lawsuits they do not intend to file. They cannot tell family members, neighbors, or your employer about the debt itself. Calls at the workplace must stop if the collector knows the employer prohibits them. Document every call with the date, time, caller name, and what was said. Each violation can mean up to $1,000 in statutory damages plus actual damages and attorney fees under 15 U.S.C. § 1692k and Iowa Code § 537.5201.
How do I respond to an Iowa small-claims debt-collection notice?
If you are served with an Iowa small-claims original notice under Iowa Code § 631, you must file a written answer with the clerk by the appearance date listed in the notice, generally 20 days after service. Small-claims procedures are simplified, but you still need to deny the allegations you do not know to be true, assert affirmative defenses including statute of limitations under Iowa Code § 614.1, lack of standing of the debt buyer, and any FDCPA or Iowa Consumer Credit Code counterclaim under § 537.7103. The court will set a hearing where both sides present evidence informally. If you cannot attend, you may request a continuance with good cause. Default judgment is entered if you do not respond. Iowa Judicial Branch provides free fillable small-claims answer forms.
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 Iowa?
The 20-day Iowa 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 Iowa state law. It is not legal advice. Statutes and court rules change — consult a licensed attorney in Iowa for guidance on your specific case.
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