Sued by CACH LLC in Montana? Here's What to Do Next
Montana RESPONSE DEADLINE
21 Days
from the date you were served
STATUTE OF LIMITATIONS
5 Years
for typical CACH LLC debts in MT
WAGE GARNISHMENT
Allowed — up to 25%
CACH LLC in Montana
CACH LLC files fewer cases in Montana than in larger states — the CFPB Consumer Complaint Database shows no Montana 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 Montana 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.
Montana-Specific Defenses Against CACH LLC
Statute of Limitations Defense
In Montana, 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 Montana 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.
Montana Wage Garnishment Exemptions
Federal limits apply.
Montana Consumer Protection Act
In addition to the federal FDCPA, Montana's Montana Consumer Protection Act may provide additional protections and remedies against CACH LLC's collection practices.
Montana Court System
Small claims limit $7,000. Justice courts handle smaller civil cases. District court for larger amounts. Filing fees in Montana typically range $30-$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 Montana
| Debt Type | SOL (Years) |
|---|---|
| Credit Card | 5 |
| Medical | 5 |
| Auto | 5 |
| Personal Loan | 5 |
| Written Contract | 8 |
| 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 to respond in Montana?
21 days from service.
What is the SOL?
5 years for credit cards and open accounts. 8 years for written contracts.
Can wages be garnished?
Yes. Federal limits apply.
Where are cases filed?
Small claims up to $7,000. District court for larger amounts.
Is the collection agency suing me actually licensed in Montana?
Most third-party collectors and debt buyers operating in Montana are required to hold a collection agency license issued by the Montana Department of Administration under MCA Title 32, Chapter 4, Part 3. You can verify a license by searching the Department's online licensee lookup or calling the licensing bureau. If the company suing you is not currently licensed, that is a complete defense to the collection action under Montana law, because an unlicensed collector lacks legal standing to collect or sue on the debt. Courts have dismissed cases on this ground, and consumers have also pursued affirmative claims under the Montana Consumer Protection Act when an unlicensed entity attempted collection. Before you spend energy fighting the underlying balance, verify the license. If the license lapsed at the time the suit was filed or at the time demand letters were sent, raise it in your answer as both an affirmative defense and a potential counterclaim, and request that the case be dismissed.
How long do creditors and debt buyers have to sue me in Montana?
Montana's statute of limitations on a written contract, including most credit-card agreements, is eight years under MCA 27-2-202, which is one of the longest in the country. Oral contracts have a five-year limit. The clock generally starts running from the date of last payment or the date of default, depending on the contract terms. Once the statute has run, the debt becomes time-barred and you have a complete defense to a lawsuit, but the burden is on you to raise it as an affirmative defense in your answer. A time-barred debt does not disappear and a collector can still ask you to pay voluntarily, but they cannot lawfully sue, threaten to sue, or imply that legal action is available. If you are unsure of the date of last payment, request itemized account records under FDCPA validation rules and review your credit report to find the charge-off date.
What can a collector take from my paycheck or bank account in Montana?
Montana follows the federal Consumer Credit Protection Act cap on wage garnishment: a creditor with a judgment can take the lesser of 25 percent of your disposable earnings or the amount by which your weekly disposable earnings exceed 30 times the federal minimum wage. Disposable earnings means what is left after legally required deductions such as taxes and Social Security. Certain income is fully exempt from garnishment, including Social Security, SSI, VA benefits, most retirement and pension payments, unemployment, and workers' compensation. If a collector levies your bank account and exempt federal benefits are deposited there, the bank is required under federal rule 31 CFR 212 to protect two months of those deposits automatically. You can also file an exemption claim with the court to release frozen funds. Montana's homestead exemption protects up to $400,000 of equity in your primary residence from most judgment liens.
Can I be arrested for not paying a debt in Montana?
No. Montana does not have debtors' prisons and you cannot be jailed for failing to pay a consumer debt. Any collector who threatens arrest, criminal charges, or jail time is violating both the federal FDCPA (15 U.S.C. § 1692e) and the Montana Consumer Protection Act. That said, there is a real risk people confuse: if a court orders you to appear for a debtor's exam or post-judgment discovery and you ignore the order, the judge can issue a civil bench warrant for failing to appear, not for owing the debt. The fix is simple: open your mail, respond to court papers, and show up to any scheduled hearing or exam. If you get a threatening call mentioning warrants or criminal charges before any lawsuit has been filed, document the call, save voicemails, and report it to the Montana Office of Consumer Protection and to the CFPB. Those threats are textbook FDCPA violations and they often signal a scam.
What does the Montana Consumer Protection Act add on top of the federal FDCPA?
The federal Fair Debt Collection Practices Act covers third-party collectors and debt buyers but does not directly reach the original creditor. The Montana Consumer Protection Act, MCA 30-14-101 et seq., is broader: it prohibits unfair, deceptive, or unconscionable acts in trade or commerce and applies to original creditors as well as collectors. Remedies under the MCPA include actual damages, attorney fees, and treble damages for willful violations. The Office of Consumer Protection within the Department of Justice enforces the Act and accepts complaints. Practical use looks like this: if a national bank or a hospital billing department engages in misleading collection conduct, you may not have an FDCPA claim because they are the original creditor, but you may have an MCPA claim. The combination of FDCPA against the collector and MCPA against the original creditor or debt buyer creates real settlement leverage.
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 Montana?
The 21-day Montana 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 Montana state law. It is not legal advice. Statutes and court rules change — consult a licensed attorney in Montana for guidance on your specific case.
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