ismac

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About ismac

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  1. It also says on the docket sheet, "case category: breach of contract" and "action type: claim"
  2. Here's the full text of complaint: COMPLAINT Comes the Plaintiff and for its cause of action against the Defendant, states: 1. That the Plaintiff is a corporation authorized to bring this action under Ark. Code Ann. § 4-27-1501. 2. That the Defendant is a resident of [REDACTED] County, Arkansas. 3. Jurisdiction and venue are proper in this Court. 4. That Defendant purchased certain items with extensions of credit obtained on his/her HSBC BANK NEVADA, NA/BEST BUY account. This account was purchased by, and assigned to the Plaintiff for good and valuable consideration. 5. That the amount past due on said account, which has not been paid, and has been owed for a period of time is as follows, principle amount, REDACTED, plus pre-judgment interest as set out in Plaintiffs Affidavit which is attached hereto and incorporated herein by reference. 6. That demand had been made for the payment of same, yet the balance remains unpaid. WHEREFORE, Plaintiff prays for Judgment against Defendant in the amount of REDACTED, for all costs he-rein paid and expended, for pre-judgment and post-judgment interest at the contract rate, reasonable attorney's fees, and for all other proper relief.
  3. Yes, Nevada is the governing law. It reads: Applicable Law - This Agreement and your Account will be governed by federal law and, to the extent state law is applicable, the laws of the state of Nevada, whether or not you live in Nevada and whether or not your Account is used outside Nevada. This Agreement is entered into in Nevada, your Account is maintained in Nevada, and all credit under this Agreement will be extended from Nevada. Also Stamatis is the lawyer in his case.
  4. Thank you all for this info! My brother plans to speak with an attorney tomorrow; and work his discovery which is also due tomorrow (he called and got an extension) and will use your suggestions here for it. Will keep you posted.
  5. Alright, thanks. Just trying to get information for him not necessarily answer for him. I appreciate the input.
  6. My name is Yvette and I am handling this for my brother who is being sued and is a truck driver and is currently on the road. Please see answers to your questions below here: I'd appreciate any help. Thanks. Here’s the summary: 1. First lawsuit Filed 4/6/2010 by Cavalry Portfolio Services LLC as Assignee of Cavalry Investments LLC as Assignee of HSBC Bank Nevada, N.A.\Best Buy, and attaching: Cardmember Agreement and Disclosure Statement and Affidavit of Claim with their Bill of Sale and an Statement of AccountFirst suit suing for $1074.30 (w/other costs $1,088.90)Charge off date: 6/30/2009Last payment date: 2/12/2009Dismissed case on 11/18/2010 because couldn’t get service 2. Second lawsuit Filed 1/8/2014 by Cavalry Investments, LLC as Assign HSBC Bank Nevada, N.A./Best BuySecond suit suing for principle $1,045.43 (w/other costs $1,280.49)No signed contract by Defendant attached only an Affidavit dated 10/21/2013Served 1/19/2014Filed Answer timely 2/18/2014Plaintiff’s discovery served 4/4/2014; due today (incls. 3-day mail rule) Cavalry bought account 7/20/2009.
  7. Being sued by Cavalry Investments for 2007 Best Buy debt; I believe this maybe a debt I owed long ago but the lawsuit did not attach the signed contract only an affidavit stating I owe the debt. I filed an answer denying essentially because they have not shown me proof (i.e. signed contract) since they are pursuing litigation. I have discovery to serve today and need help answering; and to know the key deadlines of legal actions to be done in suits; and any other helpful advise; thank you. RFA #1. Admit that Def is a resident of ____ County, AR RFA #2. Admit that Def purchased certain items and charged same on the charge account which is the subject of this lawsuit RFA #3. Admit that the amount past due on said accout, which has not been paid, and has been owed by Def for a period of time is $1280.49 RFA #4. Admit that the monthly statements/bills in regard to this account were sent to and received by Def RFA #5. Admit that Def never notified Plaintiff or the original creditor in writing of any dispute in regard to this account (balanced) RFA #6. Admit that the Def never notified Plaintiff or the original creditor in writing of any complaints or requests to stop credit on this account RFA #7. Admit that Def has no documentation indicating the balance of this account to be less than $1280.49 RFA #8. Admit that Def is indebted to Plaintiff in the amount of $1280.49 ROG #1. Did Def sign the application for this account? ROG #2. Was the Def aware of the existence of this debt? ROG #3. Did Def, or anyone on behalf of Def, ever notify Plaintiff or the original creditor in writing of any complaints or requests to cancel this account? RFP #1. In reference to Interrogatory No. 3, if Def responded in the affirmative, please provide Plaintiff with a copy of Def's correspondence to Plaintiff ROG #4. Did Def receive one or more monthly statement/bills related to this account? If so, did Def notify Plaintiff or the original creditor in writing within sixty days of receipt of such statements/bills that Defendant objected to the statement? RFP #2. In reference to Interrogatory No. 4, if Def responded in the affirmative, please provide Plaintiff with a copy of the objection ROG #5. Does Defendant admit any liability to Plaintiff for any amount? ROG #6. In reference to Interrogatory No. 5, if Def responded in affirmative, please state the amount Def alleges is owed by Def to Plaintiff ROG #7. If the amount admitted is less than that sought in Plaintiff's Complaint, please set out in detail the basis for the discrepancy between the two numbers. ROG #8. Please state the name, address and telephone number of each witness who will be called to testify on behalf of Def at the trial of this matter. ROG #9. Please briefly outline the testimony of each witness named. ROG #10. Please list all documents Def intends to introduce at the trial of this matter. RFP #3. In reference to Interrogatory No. 10, please provide Plaintiff with a copy of each document named. ROG #11. In regard to Plaintiff's RFAs to Def, if any of the responses by Def is anything other than an unqualified admission, please explain such response in detail, and identify or furnish copies of any documentation which would tend to support any such response(s) of and from Def ROG #12. Please state your address ROG #13. Please state how long you have lived at that address. ROG #14. Please state the name of your current employer. ROG #15. Will you treat these Interrogatories as continuing in nature?