Adam1973

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About Adam1973

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  1. This week I attended a Circuit Court Clerk issued 'show cause' hearing. Cavalry SPV 1's collection case against me would be dismissed for lack of prosecution, unless Cavalry demonstrated how the case was moving forward. The Clerk's order for the hearing said something like, 'case will be dismissed for lack of prosecution since no court filings or other actions to move the case forward have occured in the last year'. 'Plaintiff must demonstrate why the case should not be dismissed at plaintiff's expense'. That's a butchered summary of the hearing notice. I was certain plaintiff would be ther
  2. Thank you sir. Correct, I don't want to settle. I'm quite sure Cavalry would settle but it's not worth it at this point.
  3. Thanks for the suggestion. If I'm able to pull together case law to make a worthy argument, must I wait for the court meeting? I don't know if it would be appropriate to submit a motion to dismiss or motion for summary judgement on top of the Circuit Clerk's order for meeting to discuss. Unless I have an attorney, I'm much more confident in submitting papers versus an in person debate. I have a feeling that showing up will be enough for Cavalry's attorney to keep the case active. We have traded discovery requests and responses, so some action has taken place. If I could submit some motio
  4. Thanks and sorry for the late response. The OC is Citibank. Cavalry has two suits against me with one nearing trial. They claim to have purchased both accounts in single batch of junk debt. As such, the complaints are nearly identical with the same generic bill of sale and assignment, same asset schedule, but different credit card monthly statement attached to each. In both suits, Cavalry included an attachment with my name, address, redacted credit card number, and the amount they claim I owe for each. I guess this attachment with basic information about me is an attempt to link me to t
  5. Cavalry SPV I filed a suit against me in early 2018 for more than $10,000. Cavalry submitted credit card monthly statements, bill of sale, and affidavit from OC that doesn't mention my name specifically. Discovery requests and responses have been submitted by both Cavalry and me in mid 2018. I recently received a Court Notice to Dismiss for Lack of Prosecution signed by the Circuit Court Clerk. A meeting date is set about a month from now to discuss 'why the case should not be dismissed at cost of Plaintiff for the reason that no pretrial steps have been taken'. I'm all for this! I expec
  6. Thanks. I poorly summarized in stating that a Citi official was required. Judge just ruled that Cavalry's affiant wouldn't suffice to speak to Citi record keeping, sine they didn't have first hand knowledge. I argued that Cavalry didn't prove ownership in my Complaint Response. I also asked for this proof in Discovery and was stonewalled. After this, Cavalry presented the unqualified affiant for Summary Judgement. Any legal argument for them not providing this proof with their Complaint? It seems they get many opportunities to verify something that should have been provided as evid
  7. Hi, I posted previously regarding Circuit Court's denial of Cavalry SPV 1's Motion for Summary Judgement. The Circuit Judge ruled that Cavalry records were inadmissible without a qualified witness from Citibank to validate records and assignment of the account. Today we had the pre trial conference with the Judge. The Judge asked if we're ready for and/or how long do we need before trial. Plaintiff's attorney didn't attempt to seek a settlement discussion. She stated that Plaintiff was ready to proceed, 'since they only planned to call one witness'. This was a kick in the gut.
  8. Thanks for the feedback and support with this. If all goes well, I'm happy to share all the case documents. My response was crafted (err...mostly copied) from someone who was able to get their case dismissed in a different state. The guy skillfully dismantled what i assume is Cavalry's template for summary judgement motion. Sued in a different state with different law firm representing Cavalry, yet the documentation and wording of plaintiff's motion, affidavits, etc. are nearly identical. All I had to do was exchange his state's court citations with similar rulings in Ky. I wouldn't con
  9. A follow up question. I have another case in litigation that is very similar. It is a suit brought by the same jdb -Cavalry Spv1, in same Circuit Court, same OC (but different credit card account). The Complaints were submitted a couple weeks apart but the plaintiff's evidence is nearly identical to that which was just deemed insufficient (at least for Summary Judgement). The accounts were allegedly purchased in the same batch of junk debt. As such, the same bill of sale was attached to the separate complaints. This suit is in Discovery and is dragging some weeks behind the one disc
  10. Thank you sir! I hope this is true. I'll update after in court appearance or trial. If this does end in my favor, it is especially unusual in Kentucky. Based on everything I've read, Kentucky courts are notoriously anti consumer. I guess this makes sense as a strangely hardcore and super conservative Republican state.
  11. Oh, I should mention that we never had an in person meeting regarding this. If i understand correctly, the Court can and will consider some motions without bringing parties together. Or I missed the motion hearing which seems unlikely since I'm constantly checking for court hearing updates. Anyway, this is from a signed Court order denying motion. I just don't know if it should prompt me to take some action?
  12. We have not had a hearing. A 3 page order signed by the judge was sent to plaintiff and I regarding the Court's findings. It basically summarizes that Cavalry motioned for summary judgement, I objected due to reasons mentioned, plaintiff countered my response, and Court concluded Motion for Summary Judgement denied. The order in part states "the Rule requires a foundation be established for the documents by the custodian of records or other qualified witness who can competently testify that the documents satisfy all elements of KRE 803(6). The Court agrees with Defendant that an empl
  13. Hi, Cavalry SPV1 sued me in Circuit court for a debt I allegedly owed Citibank. I raised Lack of Standing as my primary Affirmative Defense in my response to the complaint. Discovery back and forth with boilerplate responses from Cavalry. They recently submitted motion for summary judgement. I responded to the motion with emphasis on Cavalry's failure to connect my specific account to a bill of sale they offer as assignment proof. In their motion, Cavalry SPV trotted out an affidavit signed by a Cavalry Portfolio Services employee claiming to confirm debt attached to me, knowled
  14. Thanks for the info. That is obviously not good news for me. This certainly leaves the door open for Plaintiffs to create whatever they need to satisfy a burden proof. If you think about, all they need is minimal proof that you owed somewhere around what they claim. After this, they just slap together an account statement and claim it was photocopied. Ugh. I appreciate the responses. Very helpful info that I could not find elsewhere.