mikeinariz

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About mikeinariz

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    Arizona
  1. RACECAR's Questions 1. Who is the named plaintiff in the suit? Cavalry SPV I, LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Ewing & Ewing 3. How much are you being sued for? 2 different accounts, one for $3,000, and one for $13,000 4. Who is the original creditor? (if not the Plaintiff) Bank Of America (FIA Card Services) 5. How do you know you are being sued? (You were served, right?) Yes, was served 6. How were you served? (Mail, In person, Notice on door) In Person 7. Was the service legal as required by your state? Yes Process Service Requirements by State - Summons Complaint 8. What was your correspondence (if any) with the people suing you before you think you were being sued? Asked multiple times to verify the debt, said they didn't have to. Repeatedly asked why I wasn't paying, said they would sue. Includes numerous contact attempts to my in-laws home, where I never lived. Was wife's addres at one point. 9. What state and county do you live in? Maricopa County, AZ 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) November 2008 on the larger debt December 2008 on the smaller. 11. What is the SOL on the debt? Prior to 2011, the SOL in AZ was successfully argued to 3 years for verbal contracts. After the law changed in 2011, CC debt is now 6 years. 12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). We are in discovery (due by this Friday, 3/22/13). 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) Yes, Yes, and Yes. 14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late. Verbally, and have the conversation documented. 15. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit? Did show up in court, answered denying all, ordered to settlement talks by Judge Steven McMurry in Encanto Court. They are claiming I defaulted with the OC, and they bought the debt, and now I owe, principle, interest, fees, etc. 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Nothing in the original summons, all the following in the discovery of the smaller debt, Statement from JDB, OC monthly statements (last few before charge off), generic "Bill of Sale and Assignment of Loans" with nothing identifying debts linked to me. Schedule A with misc account details, My name, OC name, amounts, and dates, including LPD. The discovery for the larger debt included everything except the OC statements. Thanks to you for the direction and hand holding! My vow is to beat them!
  2. I am in need of some advice. Can't quite find what I'm looking for so I will hope someone can help. My question is when it comes to discovery. I am being sued by Cavalry SPV I, LLC in Arizona. OC is B of A (FIA Card Services). I don't see where they have offered into discovery the original credit card application, or the language therein of the option to assign the debt. Not that I am going to bring this into discovery, but is this where I object for lack of standing in a trial? The debt has been through numberous hands at this point, and I thought they had given up when Cavalry reared their A$$ ugly face. I have to submit MY discover this week and aside from entering what they did, and myself, not sure what else there is for me to "discover". Their discovery includes a generic "Bill of Sale and Assignment of Loans", which there is no link to the debt in question, and on a second sheet, generic details of the account, identifying acct #, my name, amounts, OC, dates, etc. Last, my assumption as this is credit card debt, with a LPD of more than 4 years ago, the SOL applies due to the new AZ HB 2412 which add credit cards to the type of debt with a 6 year SOL. Regarding this, should I use the three year SOL as the law infers that before 4/11/2011 (as the language specifically states HB 2412 "ADDS" credit cards to this type of debt). This is a fairly recent clarification, and I am hard pressed to find any judgement that excludes grandfathered credit card debts. Is there any way to argue the change of law should not affect this debt as the said debt was originated and incurred priod to the change in law? Last, I have documentation of contact from a different law firm collecting on the same debt, this is after Cavalry bought the supposed debt. What can I ask for in regard to the chain of assignment for this debt? Just not sure how should approach this. Thanks in advance!!
  3. All, I have voraciosly read the above and can't thank everyone contributing enough for the guidance you provide! My question is when it comes to discovery. I am being sued by Cavalry SPV I, LLC in Arizona. OC is B of A (FIA Card Services). I don't see where they have offered into discovery the original credit card application, or the language therein of the option to assign the debt. Not that I am going to bring this into discovery, but is this where I object for lack of standing in a trial? The debt has been through numberous hands at this point, and I thought they had given up when Cavalry reared their A$$ ugly face. I have to submit MY discover this week and aside from entering what they did, and myself, not sure what else there is for me to "discover". Their discovery includes a generic "Bill of Sale and Assignment of Loans", which there is no link to the debt in question, and on a second sheet, generic details of the account, identifying acct #, my name, amounts, OC, dates, etc. Last, my assumption as this is credit card debt, with a LPD of more than 4 years ago, the SOL applies due to the new AZ HB 2412 which add credit cards to the type of debt with a 6 year SOL. Regarding this, should I use the three year SOL as the law infers that before 4/11/2011 (as the language specifically states HB 2412 "ADDS" credit cards to this type of debt). This is a fairly recent clarification, and I am hard pressed to find any judgement that excludes grandfathered credit card debts. Is there any way to argue the change of law should not affect this debt as the said debt was originated and incurred priod to the change in law? Thanks in advance!!