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Everything posted by procrastin8or

  1. @mrb0x Thanks for helping me out. So going through the entire summons I fear that there is a verified complaint here. Can anyone help me double check to see if this is a verified complaint? Someone on these boards said that Cavalry never has verified claims so I took that for granted. I do need help with my answer. I had planned on filing a General Denial as an answer along with a motional to compel private arbitration & dismiss MOTION TO COMPEL PRIVATE/CONTRACTUAL ARBITRATION AND DISMISS OR IN THE ALTERNATIVE, TO STAY PROCEEDINGS PENDING ARBITRATION NOW COMES Defendant, appearing Pro Se for its Motion to Compel Private Contractual Arbitration and as grounds thereto states the following: 1. That on or about May 7, 2018,Plaintiff filed its Complaint against Defendant. 2. Defendant sent a letter via certified mail to Plaintiff's attorney on June 5, 2018 (I will send letter same day) , electing arbitration with JAMS and requesting dismissal of this case (see Exhibit A, attached). 3. Defendant moves this court to compel binding Private Arbitration based on the terms and conditions of the Credit Card Agreement (see Exhibit B, attached). 4. The parties are bound by the Credit Card Agreement. The Arbitration Agreement states among other things: "HERE QUOTE MULTIPLE LINES FROM THE ARBITRATION SECTION OF MY AGREEMENT" _______________________________________ JOHN DOE (My name), Defendant Pro Se One other thing is that i am leaving on a planned vacation this Sunday for a week.
  2. Thanks @mrb0x & @fisthardcheese, I found a copy of an agreement with the arbitration clause from 2014 however it isn't from Ashley Furniture, would it still be okay to include it in my answer? I also can't figure out if filing a general denial is okay with filing a MTC. @fisthardcheese Seems to indicate that filing a more detailed answer would be better but I'm not exactly sure what to say and I've been researching for hours. Thanks again everyone.
  3. Thanks again @fisthardcheese . I found this one from their website but there's no date , should be fine? As long as I file with the court by 06/06/18 (served 05/07/18) I will be okay right? Even if I go the arbitration route?
  4. @Credithis My mistake, I copied another person's answer from another post, just edited my original post. My last payment was Dec 2016. They are within the SOL.
  5. Thanks so much @fisthardcheese . Is there a resource somewhere on here on finding the version of my Synchrony (At the time GE Capital) agreement on a resource on this site? I can't find it in my own records. and I've been searching around the boards
  6. No Replies? Please someone like @calawyer help me out I plan on going down to the court in the am to file my response. Tom Vickers
  7. I'm in LA, CA and I've been lurking the forums for quite a while now but want to make sure I have my response right. I was surved on 5/07/18 and 30 days looks like its 06/06 (next wed), I haven't responded yet but I have my general denial form printed out and signed (Because I can't find anything that looks like a verified complaint). Do I need to write any more FACTS on line 2 in the general Denial Form? Also, I don't quite understand how to file a BOP (Bill of Particulars) 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? (should be listed at the top of the complaint.) QUALL CARDOT, LLP 3. How much are you being sued for? $2,224.00 4. Who is the original creditor? (if not the Plaintiff) Synchrony Bank (Ashley Furniture Credit Card) 5. How do you know you are being sued? (You were served, right?) Served, Yes 6. How were you served? (Mail, In person, Notice on door) In person 7. Was the service legal as required by your state? Yes, As far as I know 8. What was your correspondence (if any) with the people suing you before you think you were being sued? None really. To be honest I completely forgot about this 9. What state and county do you live in? Los Angeles, CA 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Dec 2016 11. What is the SOL on the debt? 4 years 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). Suit served, 30 days to respond. I have about 5 more days to answer 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. There's one printed statement from 2016 here that looks like a printed page from an account UI. Only the last 4 numbers in my account# are visible. 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? 30 days to respond; COMPLAINT FOR COMMON COUNTS 1. Account Stated 2. Open book 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. 1. Affidavit of Sale is included 2. Blanket Certificate of Conformity for Notary 3. Screenshot / Image of the statement of my last payment One last thing - How can I be sure that none of these complaints are verified? Thanks in Advance