Sued by CACH LLC in Virginia? Here's What to Do Next
Virginia RESPONSE DEADLINE
21 Days
from the date you were served
STATUTE OF LIMITATIONS
5 Years
for typical CACH LLC debts in VA
WAGE GARNISHMENT
Allowed — up to 25%
CACH LLC in Virginia
CACH LLC files fewer cases in Virginia than in larger states — the CFPB Consumer Complaint Database shows no Virginia 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 Virginia 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.
Virginia-Specific Defenses Against CACH LLC
Statute of Limitations Defense
In Virginia, 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 Virginia 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.
Virginia Wage Garnishment Exemptions
Greater of 75% of disposable earnings or 40x federal minimum wage exempt.
Virginia Consumer Protection Act
In addition to the federal FDCPA, Virginia's Virginia Consumer Protection Act may provide additional protections and remedies against CACH LLC's collection practices.
Virginia Court System
General district court handles cases up to $25,000. Circuit court for larger amounts. Filing fees in Virginia typically range $40-$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 Virginia
| Debt Type | SOL (Years) |
|---|---|
| Credit Card | 5 |
| Medical | 5 |
| Auto | 5 |
| Personal Loan | 5 |
| Written Contract | 5 |
| 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 to respond in Virginia?
21 days from service.
What is the SOL in Virginia?
5 years for written contracts. 3 years for oral contracts.
Can wages be garnished?
Yes. 40x minimum wage exemption provides some protection.
Where are cases filed?
General district court up to $25,000. Circuit court for larger amounts.
What is the statute of limitations on credit card debt in Virginia?
Virginia's statute of limitations on a written contract, which includes most credit card cardholder agreements, is five years under Va. Code § 8.01-246(2). For oral contracts, it is three years. For installment loans, the clock generally starts ticking on each missed payment, although most courts treat the full balance as due once the lender accelerates the loan. For out-of-state creditors, Virginia's borrowing statute, Va. Code § 8.01-247, applies the limitations period of the state where the cause of action arose if that period is shorter than Virginia's. Many credit card cardholder agreements designate a different state's law (often Delaware, South Dakota, or Utah), which can result in a shorter limitations period being applied. If you are sued on a debt past the applicable limitations period, you should raise statute of limitations as an affirmative defense in your answer. The defense is waived if not raised. Making a payment or written promise on an old debt can restart the clock.
How much of my wages can a debt collector garnish in Virginia?
After a judgment, Virginia follows the federal garnishment cap under Va. Code § 34-29. A creditor can take the lesser of 25% 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 like federal and state taxes and Social Security. Virginia does not provide enhanced wage protections beyond the federal floor for general consumer debts. Child support, taxes, and federal student loans can be garnished at higher amounts under federal law. Virginia law also exempts certain categories of income entirely from garnishment, including Social Security, SSI, veterans benefits, unemployment compensation, and most retirement benefits. You can file a motion to claim exemptions using the form provided with the garnishment notice. Active-duty servicemembers have additional protections under the federal Servicemembers Civil Relief Act.
Can I be sued in a Virginia county where I do not live?
Generally no. Under Va. Code § 8.01-262, venue in most consumer debt collection cases is proper only where the defendant resides, where the cause of action arose, or where the contract was made or to be performed. For consumer credit transactions, federal FDCPA § 1692i goes further, requiring the collector to sue you in the judicial district where you signed the contract or where you reside at the time the lawsuit is filed. If a debt collector sues you in the wrong Virginia general district court or in a county where you have no connection, you can raise improper venue in a motion to transfer venue filed before or with your responsive pleading. Improper venue is also potentially an FDCPA violation entitling you to statutory damages and attorney fees. Make sure to check the court address on the summons and compare it to your current residence and the place the contract was made before filing your answer.
What is the Virginia Consumer Protection Act and how can it help?
The Virginia Consumer Protection Act, Va. Code § 59.1-196 et seq., prohibits fraudulent acts and practices by suppliers in connection with consumer transactions. The VCPA has been applied by Virginia courts to certain debt collection conduct, particularly where a collector made false statements about the amount or character of a debt, threatened action it had no intent to take, or used deceptive collection practices. The Virginia Attorney General's Consumer Protection Section can investigate and bring enforcement actions, and the VCPA also creates a private right of action under § 59.1-204. Remedies include actual damages, attorney fees, and treble damages for willful violations, with a minimum of $500 in damages for willful violations. If you are facing a debt buyer lawsuit, a VCPA counterclaim alongside FDCPA arguments can substantially strengthen your position. You can also file a complaint with the Attorney General at oag.state.va.us, which does not provide direct compensation but can trigger investigation.
Does the Servicemembers Civil Relief Act affect debt collection in Virginia?
Yes, and it matters a lot in Virginia given the large active-duty military population in Hampton Roads, Northern Virginia, and Quantico. The federal Servicemembers Civil Relief Act (SCRA), 50 U.S.C. § 3901 et seq., caps interest rates on pre-service consumer debts at 6%, allows courts to stay civil proceedings against active-duty servicemembers, requires courts to consider appointment of counsel, and provides protections against default judgments. If a debt collector sues an active-duty servicemember in Virginia, the servicemember can request a stay of the proceedings under § 3932. A default judgment entered against an active-duty servicemember without compliance with SCRA can be reopened. Virginia has its own state SCRA-like protections under Va. Code § 44-102.1 that supplement federal law. If you or a family member are on active duty and facing a debt collection lawsuit, raise SCRA defenses immediately and consult military legal assistance through your installation's JAG office before responding.
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 Virginia?
The 21-day Virginia 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 Virginia state law. It is not legal advice. Statutes and court rules change — consult a licensed attorney in Virginia for guidance on your specific case.
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