I found this wonderful site quite some time ago, and I have learned a lot of valuable information.
I have been working on trying to clean up past credit issues from a difficult time the wife and I went through. However I have recently received a summons and complaint on an alleged account that we haven't cleaned up yet.
So my intention are to answer the complaint with a general denial, as it does not appear to be a verified complaint, and send off a BOP then a meet and M&C letter when they respond with junk to my BOP.
Or do you think that there is something else I should do off the bat?
1. Who is the named plaintiff in the suit?
Cavalry SPV as assignee of Synchrony Bank FKA GE Capital Retail Bank
2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.)
3. How much are you being sued for?
More than 4K less than 5K
4. Who is the original creditor? (if not the Plaintiff)
5. How do you know you are being sued? (You were served, right?)
6. How were you served? (Mail, In person, Notice on door)
7. Was the service legal as required by your state?
Process Service Requirements by State - Summons Complaint
8. What was your correspondence (if any) with the people suing you before you think you were being sued?
Got collection letters in the mail from Cavalry and the intent to sue letters from Winn
9. What state and county do you live in?
San Diego County California
10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations)
Around Feb of '16
11. When did you open the account? (looking to see which agreement/contract may be applied)
12. When did you open the account (looking to establish what card agreement may be applicable)?
13. What is the SOL on the debt? To find out:
Statute of Limitations on Debts
14. 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).
15. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?)
16. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request before being sued, it likely won't help create FDCPA violations, but disputing after being sued could be useful to show the court that you dispute the debt ('account stated' vs. 'breach of contract').
17. How long do you have to respond to the suit? 30 days, by 7/24. (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.1) account stated 2) money lent Did you receive an interrogatory (questionnaire) regarding the lawsuit? No.
Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits
18. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits.
They included the 3/16 statement as exhibit A
19. Read this article:
Sued by a Debt Collector - Learn How to Fight Debt Lawsuits