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  1. Inthedred

    Sued By Winn/Cavalry SPV I in CA

    The trial will be mid July, when should I send off a request for production of documents? They have not asked for any discovery yet. Should I just sit tight for the time being?
  2. Inthedred

    Sued By Winn/Cavalry SPV I in CA

    stating that I failed to show that the plaintiff would not arbitrate, see Code of Civil Procedure section1281.2 When I went to the hearing the judge basically said I had nothing to show that the plaintiff would not arbitrate.
  3. Inthedred

    Sued By Winn/Cavalry SPV I in CA

    The MTC Arb was denied.
  4. Inthedred

    Sued By Winn/Cavalry SPV I in CA

    Hello All, Hoping to get some responses from the California people.... sadinca , RyanEX . My trial is set for mid July. so far I have not received any request from Calvary for discovery. At what point in time should I send them my request for production of documents?
  5. Inthedred

    Being sued.... Again (CA)

    Thanks @RyanEX I've been going through the threads that come up under search term unlimited. Definitely answers the question if I needs to be on pleading paper. Any help on verbiage would be helpful as well.
  6. Inthedred

    Being sued.... Again (CA)

    Thank you for the info... I'm familiar with arbitration strategy and have re-read that post. I need to awnser the suit, and on this one I can not use the GD. That is what I am seeking guidance on, how do I format and respond with the more formal answer?
  7. Hello All, You all are so helpful, I decided to do it again....😁 Being sued again by Calvary in California for an old CITI account. This time it is in excess of $30k. So on this one I am assuming that I can not use a General Denial like i have on another suit. Any advice or templates for answering the suit correctly? I have 26 day left to answer.
  8. Inthedred

    Sued By Winn/Cavalry SPV I in CA

    Hello all, help needed.... I checked the court ROA, and there is a tentative ruling to deny my MTC. stating that I failed to show that the plaintiff would not arbitrate, see Code of Civil Procedure section1281.2 The hearing is tomorrow afternoon. Any thoughts on how to argue this so the judge changes his mind? They failed to arbitrate when they filed suit? The agreement states, "the party who wants to arbitrate must notify the other party in writing.this notice can be given after the beginning of a lawsuit, or in papers filed in the lawsuit." Included in my General Denial "papers filed with the court" "affirmative defence lack of subject matter jurisdiction - the underlying contract, located on page four (4) contains a private arbitration clause which the defendant has elected to exercise. Therefore, this court does not have jurisdiction to hear thus matter" Included in my motion, "papers filed in the lawsuit?" The defendant elects arbitration with JAMS to settle this dispute.
  9. Inthedred

    Sued By Winn/Cavalry SPV I in CA

    First that you to those that have posted, I appreciate it. Just a little update: General Denial, request for BOP and filed a MTC arb today. Hearing for the MTC is at the end of August. Once again, thank you all.
  10. Hello All, 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.) Winn 3. How much are you being sued for? More than 4K less than 5K 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?) Served 6. How were you served? (Mail, In person, Notice on door) In Person 7. Was the service legal as required by your state? Yes 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) 2006? 12. When did you open the account (looking to establish what card agreement may be applicable)? 2006? 13. What is the SOL on the debt? To find out: 4 Years 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). Served 15. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No 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'). No 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: I have Sued by a Debt Collector - Learn How to Fight Debt Lawsuits