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 there since both sides have filed discovery and returned responses. In Kentucky Circuit Court, you do not file discovery requests with the court. I think the 'show cause' hearing may be due to Cavalry submitting Motion for Summary Judgement, and then rescinding it a couple days later in November 2018. Fast forward to last week. I show up and as luck would have it, the circuit judge handling the case/docket was not available. Judge B was filling in and she stated that, 'no rulings would be made on proceedings per Judge A's request'. When she called for Cavalry SPV 1 vs me, I approached the bench but Cavalry's attorney was a no show. If Judge A was presiding, the case would surely have been dismissed and possibly with prejudice since plaintiff failed to appear? Prejudice or not, I would prefer they have to refile a dismissed case rather than continue the existing one. Judge B moved the hearing to a new date in August. Should I file a Motion for Summary Judgement based on Cavalry's absence or wait until the next hearing date and hope Cavalry's counsel doesn't appear? If I wait and Cavalry's attorney is present, they can easily demonstrate how the case is active and has not been stagnant. Their failure to appear at the original date would seem irrelevant since I made no objection. I'm sure I botched this by not objecting, but the Judge made it clear that no rulings were to be made. There was no notice that the hearing would be rescheduled, so Cavalry's failure to appear seems inexcusable. I can hope plaintiff's counsel won't show next time, but expect they will. Any ideas, questions or suggestions are greatly appreciated. The claim against me is for about $14,000, so I'd obviously like any chance to dismiss with prejudice. Thank you!
  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 motion, I could pose a legitimate argument that plaintiff's general objections should be construed as a failure to answer. If the suit is dismissed without prejudice, I would be much more prepared to aggressively defend my position when plaintiff files again. If a motion to compel arbitration was granted, would this likely end in a settlement? I think they would be happy to settle now, but I'd prefer not to. My credit has already been destroyed and the tax consequences aren't too attractive. I really appreciate the feedback and suggestions. Thank you.
  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 the the account and the bundle of debt they purchased. Thanks for commenting!
  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 expect Cavalry's attorney to show up and justify continuance of the case unless i can strike first. Any recommendations on how to take advantage of this through motion before the Court conference? Cavalry responses to my Discovery were all boilerplate objections that are technically prohibited in Civil Procedure. Any help is appreciated! Thanks!
  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 evidence for their lawsuit? I'm grasping at straws. Maybe I can submit a motion to dismiss or other inexpensive last ditch effort to end in my favor before trial? I'll consult with an attorney but it's tough to find one that's not disinterested. In my experience, they seem to have predetermined plan to seek the path of least resistance; settle or declare bankruptcy. I'll also dig for a legal basis to thwart witness testimony. I'm guessing the Court already feels generous for inconveniencing the debt buyer by denying Summary Judgement. I appreciate the feedback. Thanks
  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. Trial date is set for July. Do you think the witness is a bluff or will Plaintiff roll out someone qualified to testify on the assignment and account records? The claim is for roughly $12,000, so it seems like cost to produce a witness would be worthwhile. On the other hand, this would be a shrewd tactic to scare me into thinking they have the upper hand. If so, it worked but I didn't react. Given the specificity of the Judge's earlier ruling, a qualified witness is Plaintiff's only recourse to win the case. I just don't know if this is a bluff that will be followed by settlement offers, or if Cavalry can cut me down by producing a witness. For what it's worth, the credit card account was active for 10 years prior to its closing. Any thoughts or suggestions are much appreciated!
  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 consider attaching my response without linking to and crediting the guy who actually wrote it. Maybe a decent tool for others to use against Cavalry. As Goody_Ouchless mentioned, I do think some specific wording or words were key to justify denial of the motion. With more info, I'm sure Harry Seaward and Goody could quickly identify these elements. At best, the argument against summary judgement could be legally sufficient for an empathetic judge to deny summary judgement. If screwing consumers in favor of creditors was considered progressive and innovative, then Kentucky would be the Elon Musk of states. Kentucky is one of the worst states for debt collection defendants. I assume this is because a relatively poor state will gladly sacrifice its residents to please and attract corporate interests.
  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 discussed above. Both suits were originally submitted in early 2018 with much inactivity between small flurries of ineffective Discovery. Then at the end of 2018, plaintiff pushed motions for summary judgement on both accounts. As soon as I submitted my response/objection discussed above, Cavalry fired off a motion for summary judgement on this other account. About 5 days after submitting motion for summary judgement on the 2nd account, Cavalry withdrew the motion. I was honestly relieved despite already spending hours tapping away at another motion response. Cavalry would not have known that the Court would rule in my favor when they pulled the plug on the motion. I'm guessing their strategy has been to overwhelm me to some extent. The Complaints, Discovery requests, and motions were staggered to ensure I always had a responsive deadline hanging over my head. Assuming I win the case discussed earlier, shouldn't this mean that the same argument regarding insufficient records foundation should squash the 2nd case? Would it make sense to ride this wave of unexpected court support and push for summary judgement on the 2nd suit? Thanks for commenting!
  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 employee of Cavalry , who was never an employee of Citibank, is not qualified to testify whether or not Citibanks records were created and maintained pursuant to KRE 803(6). Consequently, Plaintiff's Motion is not well taken. Therefore, it is herby ordered and adjudged that Plaintiff's Motion for Summary Judgement is DENIED" Thanks for asking!
  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, knowledge of Citi record keeping, etc. The other affidavit was signed by an employee of OC, but failed to make any specific mention of my account. In a nutshell, I objected that a CPS employee couldn't possibly attest to Citi record keeping or be used as a reliable affiant to confirm accuracy of my former account with Citi. The Court agreed that a Cavalry employee couldn't testify that Citi business records were maintained pursuant to KRE 803(6). The motion was denied. I have a pre trial meeting soon regarding this case. I'm not sure what to do next. Should I submit a motion to dismiss, motion to compel discovery, motion for summary judgement or other??? I'd rather not attach documents since the case is currently in litigation. Any help or advice is greatly appreciated!!!! fyi...I asked for proof of assignment in Discovery and response was something like, 'discovery still ongoing see attached file' or some other useless response. I'm hoping it makes sense to push for some conclusion since Court concurred that proof of assignment has not been validated and Cavalry has danced around this for months. I don't think Cavalry will be able to pull in a Citi employee to testify that the 2016 account is accurate, but you never know.... Thanks a lot!
  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.