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upcycleliving

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Everything posted by upcycleliving

  1. I thought Summary Judgment is only when there is no question about the facts. So if somebody denies having made the agreement, isn't their a “material issue of fact” that remains in the case leading to a trial?
  2. So as I get ready to go to war with Calvary I have been encouraged by all the posters posting about their succesful battles with JDB however I got discouraged over the past few days when I combed through over 1,000 court records in my county. If Calvary is not undefeated they are pretty damn close. Almost every case I found where somebody filed an answer ended in a motion for summary judgment decided in their favor. Hell I even found a couple cases where the defendant hired a lawyer to defend them and still they lost because of summary judgment. One of these was for $13,000 and I'd hate to be the lawyer telling my client that the judge has ruled in favor of their summary judgment motion. Combing through over 1,000 records I can't find a single case where a defendant has filed for a motion for summary judgment. I hope I can be the exception.
  3. I finally got the complaint. An attorney friend of mine got it for me. Wow! They did not even include an affidavit from the OC in the complaint saying they bought my debt. Interesting ... I am going to have to work on an answer.
  4. There's like 5 more cases that I just found where they got a default judgment even though it was returned undeliverable yet for some reason Calvary bailed on this one when it was undeliverable. I wonder why.
  5. Here's a case where the Summons got returned and they still got a default judgment.
  6. So you think there's a legit chance that they might just let the case die? I feel like I'm getting close to the statute of limitations. Just over a year to go.
  7. 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.) Yale R Levy Kris Velayudhan John B.C. Porter Kathleen M Smith Sean M Winters of Levy and Associates 3. How much are you being sued for? $1,600 4. Who is the original creditor? (if not the Plaintiff) Synchrony Bank 5. How do you know you are being sued? (You were served, right?) Lawsuit against me on the court website have not been served yet. 6. How were you served? (Mail, In person, Notice on door) Have not been served yet. 7. Was the service legal as required by your state? ? 8. What was your correspondence (if any) with the people suing you before you think you were being sued? I get a nice "welcome" letter from Cavalry telling me they acquired my debt. 9. What state and county do you live in? Ohio, Hamilton County. 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) I believe summer of 2013- I'm within the 6 year SoL 11. What is the SOL on the debt? To find out: 6 years - A little over 1 year off 12. What is the status of your case? Suit served? Motions filed? Served - Lawsuit was filed almost 2 weeks ago, summons sent to old address. 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? No. 15. How long do you have to respond to the suit? NA 16. What evidence did they send with the summons? NA I'm being sued by Cavalry. I did what was probably a stupid move 5 years ago. I got a new bank account and I'm not really sure if there was an error with the bank or I entered my routing or checking account # wrong but I had one of those no interest credit cards where I only had to pay like 25 bucks a month and I'd pay zero interest as long as I paid everything off within 12 months. Anyways since it was only $25 I didn't even realize that my first payment bounced until I got a letter from the OC (I believe at the time they were GE Money) telling me that my payment bounced. I went and redid the account info again and it bounced a second time. I then got a nasty letter from GE telling me due to recent bounced payments they were closing my account. I was furious that I wasn't even 90 days past due and they were closing my account. I vowed never to pay my bill. This was in 2013, I got hounded for years by them and then in 2017 I get a letter telling me they have sold my debt to Cavalry. When googling them I found that they liked to use the legal system to recover debts. I checked the court website once a month to see if I was getting sued and nothing came up for months until yesterday I got sued about 10 days ago. Here's where I am confused. They sent the summons to an address that hasn't been my address in a year. The tracking # is listed on the court website and if I had to guess it's being returned to them right now as undeliverable. I am worried that Cavalry will use alternate service and pull something shady to get a default judgment. Interestingly I typed in Cavalry on my courts website and looked through hundreds of lawsuits. It seems to me that maybe 1-2% of these are actually dismissed. Interestingly some of the cases where Cavalry was not able to serve somebody eventually resulted in default judgments but others resulted in the cases being dismissed for "want of prosecution". I actually disagree with the statement that 90% of these are default judgments, maybe 65-75% but there was probably another 15-20% that were instead of being default judgments were "agreed upon judgments". I noticed there were a couple of cases that seemed to go away once the plaintiff started filing requests for documents but these cases were rare in looking at hundreds. The main thing I'm asking is what to do. Do I call up Cavalry and offer to waive the service and proceed from there?
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