I have some questions that I can't seem to find answers to (it's very possible they've been posted, and I just haven't found them yet). I checked the mail yesterday and had a letter addressed to my maiden name (Mr. at that) from a lawyer in Houston, telling me I'd been sued on Dec. 18th by Cavalry SPV I and that they could help me fight it. Imagine my confusion since this was the first time I'd been apprised of this. I did some searching on the Travis County District Court website and was able to pull up the case and find out that I am indeed being sued. But I haven't been served. I contacted the court earlier to see how I could get the documents, and they told me to just pull them off the internet (they cc'd the attorney on this). I was able to get the unofficial documents that way. Please do not tell me I screwed the pooch by doing this (that would very well be my luck). It's my understanding that I can have this completely invalidated because of the fact that I haven't been served, but I'm not entirely sure how to go about that. I'll go ahead and include the rest of the information here, just as reference, but thanks in advance for any answers/help. 1. Who is the named plaintiff in the suit? CAVALRY SPV I, LLC ASSIGNEE OF BANK OF AMERICA/FIA CARD SERVICES, N.A. 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) REGENT AND ASSOCIATES, ANH H. REGENT, HOUSTON, TX 3. How much are you being sued for? $7102.97 PLUS ATTORNEY'S FEES 4. Who is the original creditor? (if not the Plaintiff) BANK OF AMERICA 5. How do you know you are being sued? (You were served, right?) EXPLAINED THIS INITIALLY. BUT NO, I HAVE NOT BEEN SERVED. 6. How were you served? (Mail, In person, Notice on door) HAVEN'T BEEN SERVED 7. Was the service legal as required by your state? NO, TEXAS LAW REQUIRES THAT SOMEONE ABOVE THE AGE OF 17 SIGN THE DOCUMENTS 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? THIS IS THE FIRST TIME I'VE HEARD OF CAVALRY OR THIS ANH REGENT PERSON 9. What state and county do you live in? TRAVIS COUNTY, TX (THIS CREDIT CARD WAS OPENED IN MCLENNAN COUNTY, TX UNDER MY MAIDEN NAME, FWIW) 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) IT LOOKS LIKE MARCH 17, 2010, SO UNFORTUNATELY I'M JUST INSIDE THE SOL 11. What is the SOL on the debt? To find out: 4 YEARS (I'M JUST INSIDE THAT) Statute of Limitations on Debts 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). STATUS IS CV PENDING 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) NO AND NO (ALTHOUGH I HAVE HAD A FREEZE ON MY CREDIT SINCE AUGUST) 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. NO, SINCE THIS IS THE FIRST TIME I'VE BEEN CONTACTED BY THESE PEOPLE 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? THIS IS ALSO INTERESTING. ON THE CITATION COVER PAGE IT SAYS I HAVE 20 DAYS AFTER THE DATE I WAS SERVED. IN THE LAWSUIT ITSELF IT SAYS I HAVE 50 DAYS. YES, THERE'S A QUESTIONNAIRE. I'VE ATTACHED IT FOR REFERENCE SINCE IT'S PRETTY LONG. 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. ABSOLUTELY NOTHING questionnaire.docx
