“Who is Cascade Capital and why are they suing me?”


Cascade Capital is a debt buyer who buys up old car loansYou may have gotten a letter in the mail from a company called Cascade Capital.

They may be claiming that you owe them money from an old car loan, where there was supposedly a repossession.

You may be wondering, “What should I do?”

Here are some things you need to keep in mind when you’re dealing with this company.

You most likely have never directly dealt with Cascade Capital before.

They wouldn’t have been the ones who let you borrow money from them for the car.

Here’s an example of how it usually works with car loans.

You buy the car, and somewhere down the line the dealership sells the loan to someone else.

Then that company sells it to Santander, and eventually Santander sells it to Cascade.

There may be other steps and companies involved, but this is the typical way the process works.

Cascade Capital will say that they now own your debt.

However, they have to prove that they do own the loan.

They want to come in to court, whether they bring a witness or not, and have the judge say, “Well, you showed up for court, so you must be the owner of this debt.”

That’s not how lawsuits or trials work, though.

Cascade needs to be able to prove that they bought your old car loan.

They have to prove that they are the owners, and that their records are accurate.

You may be thinking, “Well, how do they do that?”

Cascade Capital needs to go back and trace the ownership to the car dealership, especially if they’re the third or fourth company to own it.

Cascade Capital tends to sue consumers after the four year Statute of Limitations has expired.

Typically with the sale of a vehicle, the law considers this to the sale of a “good” which means the UCC controls it.

The UCC, or Uniform Commercial Code, states that if there’s going to be a dispute of this sale, then whoever is suing has 4 years to sue.

At the latest, this timeframe starts when the repossession takes place.

Generally, however, it starts before that.

Looking forward from a repossession, Cascade Capital has 4 years to sue you.

What about where you did not make a payment but a debt buyer claims you did to restart the Statute of Limitations?

Really in any debt buyer context, and especially where we have a vehicle involved, we warn our clients that that a claim may be made that a payment was received after the debt went into default.

Let’s say the repossession was in 2009, but they sue you in 2016.  That’s a problem.  But often the debt buyer will say 3 years, 11 months, and 28 days before the suit was filed you made a small payment to them.

To be fair, it is normally not a company like Cascade saying you paid them.  But they will say the records indicate that you paid a previous company or a debt collector for previous company.  In other words, Cascade (or whoever is suing you) will not have made these records but they will claim the records exist.

But what if you know you didn’t make that payment.

So, you ask them to show you proof that you made that payment.

Maybe they say you paid by check but they don’t have a copy of the check.  Then if you pull your banking records and there is no check, what will they say then?

We’ve seen debt buyers claim that you made a cash payment.

Which is surprising to you, because you’d think that you would remember sending cash for a car loan in 2012, especially if the repossession was in 2009.

Then they’ll ask the judge why would any debt collector lie about something like this.

It’s because of the 4 year Statute of Limitations.  If you make a payment, they will argue you restarted the statute of limitations so they get 4 years from when you last made a payment.

There’s a difference between consistent payments and inconsistent payments.

It seems odd that we, the consumer, would only make one small payment on this.

Be aware that this is what a debt buyer like Cascade Capital will argue in lawsuits.

We don’t get mad at them, we just expect them to behave this way.

We have an article with a story (Scorpion and the Frog) that explains companies like this perfectly.

Make sure you protect yourself, and that you prepare yourself for what Cascade Capital does.

If you’ve had the same bank for a while, check your bank records against what Cascade Capital is saying about you making a payment.

Sometimes they’ll say that you sent a check, but they lost that check.

Usually when you challenge this claim, they start to change their story or they’ll just say you must have made the payment because some spreadsheet they have says you did even though they have no proof.

If you did make a payment, then we should talk about it.

However, if you didn’t, we should still talk.

Point is you need to know your options and we will be happy to help guide you through this process so you can make the best decision.  And that applies even if the lawsuit is within the Statute of Limitations.

Putting the Statute of Limitations aside, they still have to prove they own the debt.

Cascade Capital struggles with proving they own the car loan.

Why?

There’s a couple of reasons.

1.) They don’t want to prove it, or

2.) They don’t actually own the debt.

If they wrongfully sue you, then they’re in big trouble.

Because they’re breaking Federal and State laws.

This gives you the opportunity to sue them in Federal Court, and punish them for violating the law.

Contact us.

If you live in the state of Alabama and are dealing with a Cascade Capital lawsuit, give us a call.

You can reach us by phone at 1-205-879-2447, or you can fill out a contact form and we will happily set up a meeting to talk with you.

I look forward to chatting with you!

Have a great day.

-John G. Watts 


61 Comments

  1. Janice Chimezie says:

    I would like to ask you a question about this company. Santander had my car loan in 2008. The car was sold at an auction and someone bought it in 2008. lt has been seven or eight years and it just got put on my credit report.
    What do l do agree to pay it or refute it to get it off my credit report. I have not made a payment since they (Santander) the people l had the car loan with who reposessed it without giving me a chance to make payment.

    On many occasions, I tried to keep the car and pay on it but Santander just took it with all my items in it and l did not get a chance to pay the car off. I was in good standing with payment before Santander repossessed the car.

    I don’t know who Cascades Capital is.Just received a letter in May 2016. The first l heard of the company.
    Need some advice on what to do. I now reside in Washington state.

    • John Watts says:

      Janice,

      Thanks for your comment. I don’t know the rules in Washington so you’ll need to get with a consumer protection lawyer there.

      As far as your credit report, if the car was taken in 2008, then this should not be on your credit report as that is 8 years ago. Who put it on? Santander or Cascade? This will be vital information to share with a lawyer in your state who understands the Fair Credit Reporting Act and the Fair Debt Collection Practices Act.

      If you were in Alabama, assuming no payments have been made to Santander or any collector or debt buyer (such as Cascade), then the statute of limitations would be long gone. I just don’t know about in your state.

      Get with a consumer lawyer as soon as you can and best wishes….

      John

  2. Marvin Hendon says:

    I am in the exact situation that you have described I am in fl this is an old car loan that was turned in in 2012. No payment Made on that loan and now I get a letter from cascade. I am in Fl. Please advise

    • John Watts says:

      Marvin,

      I would get with a Florida consumer protection attorney ASAP on this. I don’t know what the SOL (statute of limitations) is in Florida but hopefully it is 4 years max.

      At least in Alabama, Cascade sues pretty often. My hunch is if you are getting a letter from Cascade, then a lawsuit may be coming very soon.

      So it is better to be ready before that happens.

      I know in my office we are happy to speak with people before they get sued. Sometimes we can stop them from being sued. Other times we can have a game plan for if they are sued.

      Here’s an example — again I don’t know the rules in FL but this is what you might do if in Alabama. Certainly check with a lawyer in your state before sending any letter.

      Send a certified letter to Cascade and their lawyer. Dispute the debt and request proof. Mention the SOL issue. So it might be something like this:

      Dear Sir or Madam,

      I received a collection letter from you dated _________. I dispute owing you this debt.

      Please provide proof of this debt and that you own the debt. Include the purchase agreement so I can see what the debt seller said to you about the accuracy of the records.

      And make sure you send me the purchase agreements from all the sellers to all the purchasers.

      A question for you — it looks like to me the statute of limitations is 4 years and the car was turned in [or repossessed etc] in 2012 [give the month].

      Isn’t it too late to sue me?

      If so, why are you threatening me with a lawsuit?

      Also don’t call my cell phone number of ______ or my work (at any number including _______). I revoke any permission to call my cell and I’m not allowed to get these kinds of calls at work.

      Sincerely,

      Name
      DOB
      Last 4 SS#
      Address

      Talk with your lawyer about this but it might be a good idea to send something like this to Cascade and its lawyer.

      Best wishes!

      John Watts

  3. Debbie K. says:

    I just got a letter in from Phoenix Financial Services stating that I owe Cascade Capital 921.00. It’s listed as Cascade is the creditor and Phoenix is the collection. I have NO CLUE what this is about as it doesn’t say anywhere on there what type of loan or when it was even given (taken out.) I don’t do loans. The last car I had was in 2006 so I’m stumped. How do I find out what they are going on about without giving credence to their claim?

    • John Watts says:

      Debbie,

      I’ll answer this assuming you are in Alabama.

      So Cascade is arguing they are the owner of the debt (whatever it is) and Phoenix Financial is the collector.

      I would do a few things to figure out what is going on. Think of these like getting your “current location” to use a GPS — you won’t know which way to go until you figure out where you are right now.

      1. Pull your credit reports and see if Cascade or Phoenix show up — it may give you some info about the debt.

      2. You can call Phoenix and ask them what this debt is about. Think in terms of gathering information — ask “who, what, why, where, how” type of questions. (Here is an article discussing how to talk to debt collectors).

      3. I would certainly consider sending a simple dispute letter to Phoenix (and Cascade) to find out what the debt is all about.

      If it is the car loan from 2006 then Cascade/Phoenix will likely argue you made a car payment about 3 years and 10 months ago so they can sue you. So carefully check your records once you get info from these collectors.

      It could be they have you mixed up with someone with a similar name — doing the above will help solve that problem.

      Do keep in mind Cascade sues so if you get letters telling you that you have been sued, take those very seriously.

      You are also welcome to call us at 205-879-2447 and we’ll be glad to walk you through your options and help you evaluate whatever information you get from Phoenix or Cascade.

      Thanks and hope this comment helps you….

      John Watts
      205-879-2447

  4. Jessica says:

    I got a call today from a company through cascade. My loan was through santander and cascade bought my loan. I purchased the car in August of 2011 and it is 2017. Wouldn’t the statue of limitations be up? I am in Alabama.

    • John Watts says:

      Jessica,

      Couple of thoughts for you.

      Cascade CLAIMS to own your old loan. Never assume they do. (I’m not trying to hyper technical but very important to always keep this point top of our minds.)

      The statute of limitations is 4 years generally on car loans.

      We don’t go from the date we purchased the car but from the date of the repossession. Or more technically, the date the loan was accelerated — where whoever had your loan claimed it was all due then.

      Now if you make a payment after that, this may extend the statute of limitations.

      Give us a call at 205-879-2447 so we can chat by phone. If you will, scan in whatever information you have. Credit reports — what does Santander say about date of last payment, charge off date, etc. Any collection letters. Document all calls you receive.

      Ask for Carolyn at 205-879-2447 and tell her to set us up a phone call and we’ll chat through your options.

      Thanks!

      John Watts

  5. Lucas says:

    I live in Missouri and just received a letter from cascade claming i owe $522. i have NEVER taken out a car loan and never bought a car from a dealership. Any ideas?

    • John Watts says:

      Lucas,

      First, get with a Missouri lawyer. If you email me I’ll be happy to give you a name and contact info. (John [at] WattsHerring.com).

      Second, if you have never had a car loan and Cascade is claiming you had one, then (after you speak with attorney) I would consider disputing it. You can use our form dispute letter and then add that you have never had a car loan, etc.

      Third, I would check credit reports to make sure Cascade is NOT on your reports. Or if they are, then you can consider your options.

      Fourth, just make sure you never have cosigned, etc. And sometimes Cascade is not collecting on a car loan but on old credit card debt. If that is not you, perhaps there is a family member with a similar name or they just completely have the wrong person.

      Best wishes and let me know if you want me to email you a name and contact info for a friend of mine in Missouri who knows about this type of law also.

      Thanks!

      John Watts

  6. Debra says:

    I got a letter from Cascade and it’s referring to a medical bill back from the year of 2010. Our statue of limitations in GA is 6 years. So can they do this? What do I need to do? Any help will be appreciated.

    • John Watts says:

      Debra,

      Thanks for commenting.

      Did Cascade say it would sue or take legal action?

      Did the letter say it would not sue?

      If you want, email me the letter and let me take a look at it.

      I have a lawyer in Georgia that we can work with or if we need to sue we could always sue them in Alabama. They are always suing here so we have what is called “jurisdiction” over them here in court.

      I’ll email you directly and you can also email me at John [at] WattsHerring.com.

      Thanks!

      John

  7. Emilia says:

    I have received a letter for Cascade capital trying to collect on a medical bill that my travel insurance took over after I successfully filed a claim years ago. I suppose the the hospital sold my ‘debt’ and I am now being pursued for the money. I am not paying it but is there anything I should do other than explaining the situation to them?

    Thanks!

    • John Watts says:

      Emilia,

      I’ll answer this assuming you live in Alabama. If you don’t, then you’ll need to check the laws of your state.

      Before I give you some thoughts, it is always smart to get with a lawyer as I can’t give you advice without us talking. I would need to know your specific situation.

      Here are some general thoughts/ideas/questions to get you started:

      1. Has the debt been paid by your travel insurance?

      2. Since Cascade has sent a letter, it often is a good idea to write them back with a simple dispute letter. Add to the form letter the details about insurance paying (if it did), etc.

      3. Any collection from Cascade or anyone else on your credit report? (www.AnnualCreditReport.com to pull your reports for free).

      4. Any calls from Cascade?

      5. How long ago was the medical treatment received?

      6. Is Cascade threatening to sue? To credit report? Or is the letter somewhat vague and just mentions collection?

      Hopefully this is a good start for you.

      If you are in Alabama, give us a call at 205-879-2447 or fill out the contact form and we’ll get right back with you.

      Thanks for your excellent question/comment!

      John Watts

  8. Michelle says:

    I live in Alabama, and I received two notices from Phoenix financial on behalf of cascade capital in the amount of $913. It was very vague. I left a voice mail, plus sent an email to contact me and they did. They claim it is a hospital bill from a local emergency room, but it has been several years since i’ve even been to that hospital. I told her I had researched Cascade, and know them to be under watch for confusing/fraudulent claims, and phoenix financial would need to send me proof that they own the debt and exactly what it was for. She tried to tell me it was a doctor”s bill that was separate from the hospita charges and that I should have received a bill. I told her whatever it is for, either way–it”s been so many years it isn’t even on my credit anymore, nor do I remember any bill for this. She told me they reported it to my credit on May 11. She was short, and didn’t say much more then. I told her to send me proof of this debt, then we’d proceed. I feel like they are scamming people! Now what do I need to do?

    • John Watts says:

      Michelle,

      I understand your suspicion and concern about these folks. Here is my suggestion:

      1. Pull your reports and see if this is on your reports or not and who has been pulling your credit. http://www.AnnualCreditReport.com

      2. Make detailed notes of any conversations you have with Cascade/Phoenix.

      3. Keep copies of all letters you receive from these folks.

      4. Give us a call — 205-879-2447 — and we can help you think through your options dealing with these folks. Ask for Carolyn or Randi and they’ll help you gather the information we need to know how to help you.

      Best wishes and talk to you soon.

      John Watts

  9. Stephanie Rodriguez says:

    I just received a letter from Pgeonix claiming to be collectors for a creditor named Cascade Capitol LLC Series C…but my last car loan was banked with Emerald Financial. Pheonix is claiming that I can resolve my debt with a $600 payment for what I owe of $1290…!!
    I’m located in Texas

    Any advice ..???

    • John Watts says:

      Stephanie,

      I would be very cautious dealing with Cascade Capital and/or Phoenix. Definitely get with a consumer protection lawyer in Texas to help you understand your rights and options. Then you can make the best decision for you.

      Best wishes

      John Watts

  10. Chef says:

    These people popped up on my credit report. I don’t know these people and i would never take a loan out and not pay it. Plus it never says what the debt is for at all. I have one car which has never been taken. Hell I’m still paying on it and not in default. Furthermore how could a person open an account on 5/11/27 and be in collections by 5/24/17? You haven’t even had a month to set up a plan. This whole thing is fraud and needs to stop with all these people being affected.

    • John Watts says:

      Chef,

      Very strange they are on your report. Couple of possibilities:

      1. They just have wrong info about a car loan you never had.

      2. ID theft happened on a car loan you know nothing about.

      3. It is on a credit card or other debt. Normally we see Cascade Capital on car loans but they can (supposedly) buy other debt.

      The dates you are seeing on credit report can be confusing. Normally the “open” date for a debt buyer is the date they supposedly bought the debt, not when the original account was opened. That’s why you see such a short time period on your reports. Either that or it is just another goofy error from these guys.

      Definitely get with a lawyer in your state — my suggestion if you lived in Alabama is simply to call them and ask what is this debt? Ask lots of questions — take good notes. Then ask them to send proof by mail (not email or fax).

      Kind of like using a GPS — figure out where your current location is and then you can decide where to go to next.

      Hope this helps and if you are in Alabama give us a call at 205-879-2447 thanks!

      John Watts

  11. I setup payments with NCB a while back on a Santander loan (in Texas) from 2011 that I had voluntarily repossessed due to severe change in financial circumstances. The current creditor listed is Cascade Series A. I have been paying on this every month for at least a year or so, but just now realized that it shows on my credit report as a charge off from Santander. It does show that either someone purchased it or it was charged off. Cascade does not appear on my either my Trans Union or Experian credit report. Is it possible I have been paying them for something they don’t own? If so, can I sue?

    • John Watts says:

      Joseph,

      Thanks for your comment.

      We often find that Santander will supposedly transfer the loan to Cascade after the repo.

      Normally Cascade does NOT credit report — instead, as you mentioned, you will see Santander on there as a “charge off”.

      It is possible that Cascade owns it and you are paying the right company and it is also possible they do not own it. Because of the recent payments, you have to move very carefully. Definitely get with a consumer protection lawyer in your state (sounds like maybe Texas?) who knows about Cascade.

      You do not want to provoke a lawsuit from Cascade (normally anyway) but you also need to know if you are paying the right company.

      I would get with a lawyer quickly to figure out your best strategy.

      If you do live in Alabama, feel free to call us at 205-879-2447.

      Thanks and best wishes!

      John Watts

  12. Kim says:

    What do you recommend if you do not live in Alabama? I have no idea who Cascade is, but they sent a claim to IRS saying I owe them. I live in Pennsylvania but do not see any resources to fight them
    HELP

    Kim

    • John Watts says:

      Kim,

      There should be an address on the (I presume) 1099 form they issued. I would assume they are claiming they forgave you debt and now you owe money on that forgiven debt. Contact them and ask what this is all about.

      Check your credit reports — normally Cascade does not credit report but always a chance they have with you.

      You’ll need to get with your tax person to see how to fight this. You can look at if this is disputed debt — i.e. you never owed it to Cascade in the first place.

      Hope you can get to the bottom of it — I can only imagine how frustrating this is.

      Best wishes

      John Watts

  13. jerome says:

    Hi Mr.Watts,I used to live in florida and my vehicle was repossessed in 2015.It was sold after the repossession.I currently reside in new york city.I received several letters from lawyers saying I am being sued in civil court by Cascade for 10,000 dollars.I never received any letters from Cascade about the debt which i never had with them just santander which was charged off. Can they sue me without letting me know they are sueing me even if i did no business with them.I didn’t even know they were sueing me.

    • John Watts says:

      Jerome,

      There may be a rule in Florida or New York where a “purchaser” or “debt buyer” must tell you about the purchase of the debt. I don’t know as I don’t practice in those states.

      As a general rule, there is no requirement to tell you before suing you — at least under the FDCPA (Fair Debt Collection Practices Act).

      So definitely get with a lawyer where you are being sued (not sure if Florida or New York) and make sure they don’t get a judgment against you. The lawyer in your state can also help you understand if there are any special state rules that may help you.

      I know it is frustrating getting sued without any warning.

      Best wishes!

      John Watts

      • Laureen says:

        Hello, John I M in the same situation as Jerome. This never appeared on my credit report. I just started getting letters in the mail and then was served with a lawsuit. I never received any letters or phone calls asking. Me to make a payment. The lawsuit has a certified copy of a letter saying thatt they sold the car and that I owed money after. I never received that letter or signed for it. I had less than 12 months on the loan. They say I owed them almost $7k before the sale and $4 after the sale. The car was a lemon I tried to get the manufacturer to fix it but they wouldn’t, do I turned it in, the repair was going to cost about the same as what was owed of the car. I am in Georgia, what do I do?

        • John Watts says:

          Laureen,

          Sorry you are dealing with this — check with Steve Koval in Atlanta — great consumer lawyer who should be able to help you or refer you to someone who can in Georgia.

          I don’t know the rules in Georgia but a GA lawyer can tell you if you have to receive the letter after the repo sale.

          Also check on the statute of limitations — here in Alabama it is typically 4 years but it may be different in GA.

          Best wishes!

          John Watts

  14. Leticia says:

    My Husband n I Separated n It was 2010 or 2011 van 202 paid like 10.000 dolls owed like 2000 we thought someone stolid it but then letters from sanders. Loan then cascade. Today first time sue or payment 400.00 n all settle I know. Now they want so they can sell,n be owners. Can I get back,or not if pay off? I think just let go can’t no,title

    • John Watts says:

      Leticia,

      I can’t tell you what to do as I don’t know where you live (Alabama or somewhere else) and the details.

      Here’s the best advice I can give you — get with a consumer protection lawyer in your state to help you understand your rights since you have been sued.

      There are strict time limits to respond to lawsuits.

      In Alabama (where I practice): Small Claims Court – 14 days; District Court — 14 days; and Circuit Court — 30 days. All from when you were served.

      So have you been served?

      I’m not sure if the vehicle was repossessed from you or your husband — like I said I would suggest getting with a consumer protection lawyer in your state ASAP.

      If you are in Alabama — call us at 205-879-2447 and ask for Carolyn.

      Thanks and best wishes!

      John Watts

  15. Patricia giordan says:

    Taking care of a situation for my 84 year old mother. She received a letter on 3/12 from Astra business services Greensboro NC for Cascade capital. They want 674 on 3/12 and another 674 on 4/5 to resolve this. Her last payment on this was made on approximately 8/5 2008. It’s been taken off her credit report. Can I dispute? 10 years

    • John Watts says:

      Patricia,

      I bet the letter says something like “Due to the age of this debt Cascade Capital won’t sue you” and then it says “If you make a payment Cascade Capital may be able to sue you.”

      I would call Astra Business Services Private Limited and ask them how they got the debt.

      Did Cascade really send it to them?

      Can you verify this with Cascade?

      What will happen if I don’t pay this?

      SO, your goal is to gain information.

      It is too late to sue if no payment in 10 years. (I’m assuming you and your mom are in Alabama — if another state I don’t know).

      Give us a call as we are seeing more of this happen — 205-879-2447 — again if you are in Alabama. Ask for Carolyn and she will set us up a call.

      This Astra place is out of India and I’m not sure what they think they are doing harassing people on old debts.

      Thanks

      John

  16. GLENN says:

    My spouse just received one of these letters from Cascade; the original creditor is Pinnacle Emergency Group PA, dated 2/24/15 saying we owed $650. Into the letter, it further mentioned being “authorized to accept a 50% discount” of the balance to settle in full.

    It also mentioned some “preferred options” for payment and that we had 30 days to dispute the debt validity. Statute of limitations in Texas is 4 years. I would appreciate any guidance.

    • John Watts says:

      Glenn,

      Couple of thoughts.

      I don’t practice in Texas so definitely get with a Texas lawyer for help.

      Second, I think it is usually a great idea to send a dispute letter in the first 30 days — https://www.alabamaconsumer.com/2012/04/simple-letter-debt-collectors/

      Third, be very careful that if you make a payment you may “revive” this old debt and get yourself sued. Each state is different so again a good reason to get with a Texas consumer protection lawyer. You guys also have a Texas state law that I think is somewhat like the FDCPA (Fair Debt Collection Practices Act) so that might give you some more options also.

      Hope you get all of this behind you ASAP and let us know what you find out in Texas. Always good to pool our knowledge.

      Best wishes

      John Watts

  17. stephanie orr says:

    Need to speak with an agent regarding an issue with Cascade.

    • John Watts says:

      Stephanie,

      If you are in Alabama, call us at 205-879-2447 and we’ll be glad to chat with you about Cascade.

      Thanks!

      John Watts

  18. Celeste lopez says:

    I had a car note with Santander who tried to repossess due to my bank account error recovered he car now cascade wants $93.60?? And I don’t know why

    • John Watts says:

      Celeste,

      Cascade is involved in a lot of old Santander car loans.

      They are evidently saying that the car was sold for less than what you owed Santander and so you owe the “deficiency” now of the difference. Let’s say you owed $20,000 and the car was sold for $11,000 at the auction, then the alleged deficiency would be $9,000. ($20,000 – $11,000 = $9,000).

      Have they sued you yet?

      Or sending letters or calling?

      Do you live in Alabama?

      If you live outside of Alabama, get with a good consumer protection lawyer in your state.

      If you are IN Alabama, call us at 205-879-2447 and we will be happy to help you think through your options.

      Best wishes

      John Watts

  19. Alice hembree says:

    I wrote to you about a month ago, explaining that santander consumers had repossed a car that I purchased in 2009 for the sum of 12,000 after financing.they repossed it in 2010 Santander in return claimed it as a charge off in 2011, then sold it in dec of 2012.for the sum of 8,995.00. Then sold the debt of 8,995.00 to cascade capital llc. When I spoke to santander consumers the employee gave me his name first only, Also gave me the info that I have given to you.I also spoke to cascade capital employee first name only, to find that they are suing me that is cascade captial assignee of santander consumers llc.for storage interest and late fees. I do live in alabama, after speaking with your employee it seems that she thinks that I owe them but the statue of limitations has ran out not only that I’m on disability(ssd) I would say that they claimed it on their taxes,sold it at auction, then sold it to cascade captial.then drained my bank of my disability payment of 850.00 because of cash that had also been deposited to help pay my household bills. So I have disputed the claim go to court in Jefferson county in the first week of june. Please wish me luck sincerely, Alice hembree

    • John Watts says:

      Alice,

      If I remember right I think they have a judgment against you. When a company has a judgment, it means it has won the case and we owe them the money unless they did not properly serve us.

      Now if they are garnishing social security disability payments, that’s a problem. So definitely let the court know about that as those funds should be exempt from garnishment.

      If they are garnishing money that someone else gave you, then that will be tough to prove that is wrong.

      But you can explain your situation to the judge in early June and hopefully get some relief.

      Best wishes and let us know how it turns out thanks!

      John Watts

  20. Cannie says:

    I live in GA. I had business with Santander. They repossessed my vehicle in 2015. I haven’t contacted, accepted a call, or responded to any letter since then. I did recently look at my credit report and saw that it was charged off by Santander. I thought that was strange. Now I get a letter stating: request for change of address or bondholder information needed for service of legal process. I don’t want to respond. But after seeing some of these comments about being sued or going through people’s financial accounts or coming to their homes and requesting money. I need to know my rights. That doesn’t seem right at all. Not even the government bullys you this way. Please give me some advice. Because normally I would ignore something like this. And I don’t know if i should respond to this letter about my address and me being a defendant.

    • John Watts says:

      Cannie,

      Who sent you the letter? Is it the court or Santander or Cascade Capital or a lawfirm or who?

      Living in GA, I can’t represent you and I just don’t know the law there now. So I would get with Steve Koval in Atlanta — he should be able to help you or send you to someone who can.

      In Alabama I would want to see the letter and then we would help you decide if you need to deal with this now or wait or what the best move would be.

      Hope that helps and let us know what you find out thanks!

      John Watts

  21. Skye says:

    I’ve gotten several letters in the last couple of days from attorneys saying I was being sued by cascade capital. I let my car go in 2016. I was originally making payments to Santander. I thought this would be a judgement on my credit report and that would pretty much be it. I couldn’t pay then and really can’t afford an attorney. I’ve been told not to worry about it, but I still do. Any advice? I live in Texas.

    • John Watts says:

      Skye,

      I would be concerned about this if I was you.

      The way a judgment gets on your credit report is by you being sued and losing. Sounds like Cascade is suing you now. So if you don’t respond in whatever manner is required in Texas, you will likely get a default judgment against you.

      This can lead to garnishment (if that is available in Texas) of your bank account and/or wages or putting liens on property. I know in Alabama (where I practice), a judgment can result in all of those plus the forced sale of your home.

      So talk to a Texas consumer protection lawyer to find out your options. Often we find these collectors will violate the law and that may help you to be able to sue them down the road for money damages and beat them in the collection lawsuit.

      But until you find out your options from a Texas lawyer, you won’t know. Time is of the essence.

      Best wishes!

      John Watts

  22. Juan Jose Martinez says:

    Hello I had a medical Bill of 100 dollars since around 2013. I know I paid it and even went to make sure it was paid. but I started receiving letters for debt collection from this company and have ignored it because i believe this is a scam. its been a couple of years now since my last letter but just got one a couple of days ago. this time from DYNAMIC Recovery Solutions. it claims that CASCADE may report it to credit reporting agencies as unpaid. I have no interest in paying this because I know I paid it.

    • John Watts says:

      Juan,

      I know how frustrating this can be.

      I would ask Dynamic and Cascade to send you proof of the bill.

      Then go back to the medical provider and ask them to show you where it was paid. If they deny it was, go back through your bank records or credit card statements to show that it was paid.

      I also suggest getting with a consumer protection lawyer in your state if you have any questions.

      If you are in Alabama — call us at 205-879-2447 thanks!

      John Watts

  23. Meg says:

    I live in Texas but you’re video had amazing insight. I bought a lemon from a dealership, they sold my debt to Santander. The car was repossessed in Jan 2016, I bought another car through my credit union. The debt was written off on my credit report. Now in 2018 I’m receiving letters from cascade as well as what seem to be false summons left on the patio of my grandparents house. I’ve never accepted anything period. They have never even gotten me on the phone. I was on YouTube 30 minutes ago and watched a video about debt collectors. I looked at my credit karma and saw this magical payment from June of 2017 for 395$. Which I didn’t make because it would stupid to pay for something I hadn’t had for over a year and a half. But the letters from cascade started in June 2018. So this fake payment is absolutely in line with it being only a year since this happened? If they are suing me why are they sending me papers to start a payment plan? And the funniest thing to me is 395 wasn’t my payment amount… it’s 359 a month and on credit karma it shows I stopped paying for this car in December of 2015 so I’m not sure what they are trying to pull. Any insight would be wonderful

    • John Watts says:

      Meg,

      Thank you for your comment.

      First thing is to find a good consumer protection lawyer in Texas who can advise you. It sounds like Cascade has sued you. Sometimes the court believes someone is served (which starts the clock running on your time to answer) even when you are not served. So find out if there is a lawsuit and your options.

      The payment may be an attempt to restart the statute of limitations but I would imagine Texas has a longer statute of limitations than 2 years so I’m not sure what that is. Occasionally it will be an insurance payment or unapplied funds or just general incompetence on the part of the debt collector.

      I don’t practice in Texas but I can tell you this about Cascade in Alabama — they file lots of suits and they get lots of judgments. So be very careful and protect yourself — get with a Texas lawyer ASAP.

      Best wishes

      John Watts

  24. Shamikia says:

    Hello I am from Atlanta I had a car loan through Santander. The car was taking in 2015. I had not made any payments month before the car was taken and never after the car was taken. The car was sold soon after and the debt amount dropped. I just received a letter stating that cascade capital wants to sue. This is the first time I ever heard of the company and decided to google it. Lucky, I came across your site. There is nothing on my report stating anything in reference to this case. I really need help on what to do.

    • John Watts says:

      Shamikia,

      Call Steve Koval — he is a lawyer in Atlanta who should be able to help you. You can google him for his current contact info — I think his phone number is still 404-350-5900.

      Cascade lately has not been credit reporting so that seems consistent with your experience.

      At least in Alabama we have some good arguments against alleged debt buyers such as Cascade — I’m sure there are similar arguments you would have in Georgia.

      Best wishes

      John Watts

  25. Raynisha WHEELER says:

    Good evening sir,

    My husband received a deposition on 8/12 requesting financial information and pay stubs for a medical al bill debt under a different company. I found an actual bill from Phoenix July 8 with the same hospital information but it’s in reference to an account with Cascade. In the letter it stated that they will take an offer for half the bill. We live in Florida. Oddly enough the payment was sent to Phoenix. So there is an zero balance. What would you suggest we do reference the deposition? For the record we never received a letter stating that the debt was sold to another company. What are our rights in this case? Fyi due to your site I am taking your advice as I’ve seen and I will be contacting a lawyer.

    • John Watts says:

      Raynisha,

      Great job getting with a lawyer in Florida — every state is different.

      Are you sure it is a deposition? That’s where you are questioned under oath.

      To have a deposition there normally needs to be a lawsuit — does your husband know he is in a lawsuit?

      Here’s my suggestion:

      When you talk to a Florida lawyer get the lawyer to pull the court records. Is there a lawsuit? Is there still time to fight it? Who is suing? How does this relate to the bill/letter you mentioned?

      I will tell you this — often there are deals proposed before a lawsuit is filed — once the lawsuit is filed those deals are off the table. You may can settle another way but just keep that in mind. But if you have a letter showing one company owns the debt and you are sued by a different company at the same time that can be helpful.

      So gather all of your information — check credit reports also — and share that with the lawyer and your lawyer should be able to lay out a game plan for you on how to deal with this.

      Best wishes!

      John Watts

  26. Anna says:

    I received a letter from a attorneys office stating they have been hired in regards to above reference debt from Cascade Capital LLC, this is the first of heard from any company called Cascade Capital. It gives me a toll free number and a website to make payment.

  27. Steven Gentile says:

    Good evening,
    So back in September 2016 I had my car repoed after being 120 late. I didnt bother to get the car back as life circumstances came about causing me not to afford the car. I just received documentation on my door today from Cascade Capital, LLC stating they are suing m. I live in New York and do not know what to do?!

    Is there options for payment plans if in fact they force me to pay the debt? I would not like to take this court.

  28. Anna says:

    I got a letter served from cascade i need a lawyer in tx. We turned in the car volunteer repo because my husband lost his job. Please advise

  29. Penelope says:

    On Saturday, March 2, 2019, someone brought a Citation to my home from Cascade Capital LLC. It was filed in Lafayette, Louisiana which I’ve never lived. The car was somehow financed through Santander. The vehicle was stolen on 2/10/15 and a police report was issued. We later found out that the Santander had repossessed the vehicle and took it to another state to sell it. The license place was located on a Honda Civic out of the area which the car was sold. There is information on this citation that is not correct, for one thing,
    I have never lived in Lafayette, Louisiana. How do I get these people off of my back and can I sue them. I feel that this is straight fraud. I check my credit report often and Santander has written the account off, so why would they write something off than have someone else try to get funds that are not due them. I have never heard of Cascade and I would advise any and everyone to stay away from them. This was issued to me and my son and neither one of us lived in Lafayette, Louisiana.

    • John Watts says:

      Penelope,

      Did you buy the car in Lafayette?

      Normally you would be sued in the county where you live now or where you entered into the contract.

      If you didn’t buy the car there, then sounds like a problem under the FDCPA (Fair Debt Collection Practices Act) as this is where they must sue you. (I’ll do an article/video on this soon).

      I would do this:

      1. Get with a lawyer in LA that can help you defend the suit and also potentially sue Cascade if it violated the FDCPA. Here’s a place to start: https://www.consumeradvocates.org/find-an-attorney

      2. Keep in mind Santander can sell the debt and Cascade can come after you (assuming LA law allows) but the critical thing Cascade must prove is that it owns the debt and that you owe the debt. Here is a video on why the collector must show it owns the debt: https://youtu.be/Jmft8NtuIfg

      Best wishes!

      John Watts

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