Nalabell

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About Nalabell

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    Michigan

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  1. Thank you both for your answers. I am waiting to be served, which I assume will happen any day. I think I have a good handle on submitting my answers when I need to. I really thank you all for all your responses it's helping a lot and I feel confident defending myself at this point. I know it's just the answer portion but so far so good.
  2. Ok. Thanks for the input. The only written instrument I have from them is a letter from the JDB attorney stating that I owe the money. I will start looking into all the issues and educate myself on each one. Thank you.
  3. I still have yet to be served but I still expect to be. I managed to find out what the paperwork will look like and would like some input on what this means and what I should focus on. Ie. MTD (on what grounds?) or Answer and focus on what parts? Complaint: 1. Defendant(s) entered into a contract with Plaintiff or Plaintiff's Assignor, the account/loan number***************, and pursuant to MCR 2.113 (F)(1)(B Plaintiff's claim is based on written instrument which is not attached as it is in the possession of the adverse party. 2. Defendant(s) defaulted under the terms and conditions of the contract. 3. Plaintiff's and/or its assignor(s) completed performance under the terms and conditions of the contract. 4. The account has been stated and/or is open between the parties. 5. As a result of Defendant's default Plaintiff claims break of contract, open account, account stated, and/or unjust enrichment. 6. The original claim amount due and owing be Defendant(s) to Plaintiff is $XXXX.XX plus interest, costs and attorney fees. The only attachment (Exhibit) is a plain (no letterhead) Statement of Account that is not signed, it just has the JDB account number my name address statement date, amount, charge off date (which is not correct with OC dates) last payment date, Please let me know what you all think. Also can someone break down the MCR 2.113 (F)(1)(B is?
  4. Sorry for the confusion, it is Cavalry SPV I, LLC which is part of Cavalry portfolio services, LLC
  5. Thanks again everyone for all the help to this point. I live on the west side of the state and I hope that I have a chance to get this thing kicked out of the system at some point. I do feel a little at a disadvantage because of the lack on info and Calvary in Michigan. My hope is that they will be similar to the other JDB that have been mentioned. For BMC to acknowledge he has not seen one in Michigan does not sound good for me, but I am happy to be the case study on this. Thanks again.
  6. So another question is, does it matter that my wife is not listed in the lawsuit if she got letters from Calvary? I really would rather not drag her into it but if it makes the case I will.
  7. Ok so the plot thicken.......I decided to head to the basement and pull out the piles of papers that I have and I managed to find a couple of things. First of I have a letter from Cavalry dated 2/26/13 with the same last four numbers of the cap one account for an amount that is a few hundred $ more than what the attorney says is owed but the really odd thing is that its addressed to my wife. (not sure if she was a co owner on this account I really do not recall) In addition I found a letter from a Collector from MN dated 6/24/13 that is addressed to me from Cavalry for the same account for a number slightly larger than the the one my wife got. Also just found a letter dated the same 6/24/13 for my wife (using her maden name) for the same amount as mine. Now I am confused. Ok- not to add to the confusion I found a letter dated 12/3/2012 from a different collector not with Calvary which has my name and my wife (with maiden name) for same account that lists the amount that the suit in listing. So thats two letters with Calvary and agents with different amounts and the lawsuit that has the amount that was listen back in 2012 with a different group.
  8. I have been reading as much as I can and my eyes are about to fall out. The question I have is if I go to the courthouse and get the fillings does my 21 days start then or do I still need to be served? And yes I have been reading all the above links. Not to say they are all making things perfectly clear. Lots on legal wording is taking time to process and learn, and as BMC said he has not had a Calvary one yet, which I hope does not mean that they will have their act together better than the rest.
  9. Thank you BCM for your post, as far as I can tell you are a hero to many. As far as Calvary goes, I did look up in my courts online system and they have sued here many times in the past few years but not nearly as much as the others. I have only gotten the one letter from the attorney back in November (which I admit I just set in aside) It does list an amount "plus interest to date of $.00", the last four digits of the capital one account. and at the bottom of the letter it talks about giving 30 days to dispute the validity of the claim (which I sadly did not do).
  10. Thank you. I have been reading and working on my knowledge. As someone who has never been sued or really had any contact with any level of law, I will say the process of correctly writing my answers are a little daunting. And in the case of a MTD I feel I will really need a lot more knowledge and help. I know I'm jumping ahead a little but I want to be ready. I keep reminding myself I have a college degree and I can do this ( with the help of all of you). Thanks again.
  11. Here is what I can give at this point. I will know more when served and will update when I get the summons 1. Who is the named plaintiff in the suit? Calvary SPV I LLC 2. What is the name of the law firm handling the suit? Roosen, Varchetti & Olivier, PLLC 3. How much are you being sued for? Around $XXXX 4. Who is the original creditor? (if not the Plaintiff). Capital One 5. How do you know you are being sued? (You were served, right?). I verified on court website, waiting to be served 6. How were you served? (Mail, In person, Notice on door) still in process 7. Was the service legal as required by your state? I believe it will be 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? I have not talked to anyone. I got a letter in November from the attorney stating they had been hired but I sadly did not follow up on it. 9. What state and county do you live in? Michigan 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations). Looks like 2011 or so 11. What is the SOL on the debt? To find out: 6 years 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). Civil Suit filed and summons issued waiting to be served 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) no 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 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? Yet to be served but will say about 30 days
  12. I want to let this board know that I have started a new thread about my situation and I would like it if you could read it and start helping me out. I have started to read as much as I can in the 12 hours that I was aware of this problem. Any help is good help. The thread is "Calvary LLC in Michigan, help!"
  13. I am starting my tread in hopes that I can get a jump on my situation and hopefully with everyone's help and some hard work it will end in a win. When checking my mail last night I noticed I had severals letters from several attorneys willing to help based on a new case that was filed. (How nice of them) I did check on line at the district court at it is true that I will be receiving a summons soon. I will give a few things about that in a minute. I, like most, feel a little bothered by the situation but I would not go so far to say I am scared. I just want to be able to defend my self properly and not have a Judge look at me like I have no business defending myself. I feel fortunate that I found out before I got the papers, because I now feel like I have a bit of a head start in getting things done. I am really glad that I found this site and my hopes are that I can get some help from you all. So this is what I know at this point. Calvary Portfolio has hired an attorney to collect a CC debt from Capital One that was bought by Calvary. (not sure it matters, but the attorney is over 2 hours away from the court) I pulled my credit report and Calvary has it listed on my report but I can not really tell what account it my have been from (things have been bought and sold so many times) and they only list a Calvary account # on the credit bureau. At this point I will await the summons and try and read up as much as I can. I feel like I have a few options from what I have read. 1. File a MTD before I answer (which at this point seems to be complicated to write) 2. Answer and deny everything and then go though the process. 3. Put up some what of a fight and make the JDB get worried and then settle for a much smaller amount. I look forward to some advice as I start this process and I hope in the long run it will help those going through this as well. Any pre summons advice would be helpful. Thanks!!