rainsong

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About rainsong

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  1. Thank-you very much, Cydesmom. I had begun searching for consumer attorneys but it's a bit overwhelming...and tough to feel good about hiring one without any recommendations. If I have to spend money to get this situation taken care of, I'd much rather it go to a competent attorney than a JDB also!
  2. I was served about a week ago and discovered that Cavalry SPV is suing me for a debt they bought from my old credit card with Chase. The balance I'm being sued for is $5,450.53. The account was charged off on 7/2/2010. I lived in California when I opened the account (in '07), then in Washington state at the time of the charge-off, and I now live in Tennessee (and have for the past two years). I understand that the SOL with Chase is 3 years because they're based in MD, but I'm not sure how my state of residency and my moves affect that timeline. Trying to figure out my best course of action. I already had gone through the validation process with a different JDB on this same debt and that got rid of them. However, this is my first time actually being served/sued. I have had no correspondence with Cavalry yet. My court date is November 21...so I need to figure out my response. I'd be willing to settle if absolutely necessary...I guess I'm trying to figure out if I have enough ground to stand on to fight it. Would greatly appreciate any advice/insight. Thank-you! ----------- Here is what the Summons says: State Of Tennessee, County Of Davidson Plaintiff: Cavalry SPV I, LLC as assignee of Chase Bank, N.A. (WAMU) c/o Christopher Conner, P.O. Box 5059, Maryville, TN 37802-5059; Telephone (865) 984-1268 Defendant: (my name and address) To Any Lawful Officer to Execute and Return: Summon (my name) to appear before the Metropolitan General Sessions Court Of Davidson County, Tennessee, to be held in (courtroom and address), Nashville, Tennessee, on November 21st, 2014 at 8:45am, then and there to answer in a civil action brought by the Plaintiff(s) for: payment not received in the amount of $5450.53 plus interest and attorney's fees, if applicable, as evidenced by the Sworn Account or Affidavit attached hereto and the costs of this action less any payments received plus expenses as they continue to accrue under $25,000. ------- Here is a copy of the Affidavit of Claim. -------- AFFIDAVIT OF CLAIM STATE OF NEW YORK COUNTY OF WESTCHESTER RE: Cavalry SPV I, LLC, as successor to Chase Bank USA, N.A. (WAMU) vs. (my name) I, (Cavalry employee's name), being duly sworn on oath, depose and say: 1. I am employed by Cavalry Portfolio Services, LLC ("CPS"). CPS performs collection services for Cavalry SPV I, LLC ("Plaintiff"). I am an authorized agent for Plaintiff and am a competent person more than eighteen years of age. I am authorized to make this affidavit for Plaintiff. 2. I am familiar with the manner and method by which CPS and Plaintiff create and maintain business records pertaining to the Account as defined below. 3. In the normal course of business, CPS and Plaintiff maintain computerized account records and documents for account holders. CPS and Plaintiff maintain such records in the ordinary and routine course of business and it is their regular business practice to accurately record any business act, condition or event onto the computer record maintained for the accounts, with the entries made at or very near the time of any such occurrence. 4. I have access to an have reviewed the applicable records of CPS and Plaintiff as they relate to the Account, and I make this Affidavit based upon information from that review Information contained in those records reflects the following: a. That the Account was purchased by Cavalry SPV I, LLC on or about 07/02/2013. The original creditor is Chase Bank USA, N.A (WAMU). b. That the Defendant, (my name), the account holder(s), opened an account on 05/28/2007, which account was charged off on 08/31/2010 (the "Account"). c. That as of 08/19/2014, the records of CPS and Plaintiff show that the defendant owed a balance of $5450.53. d. That the Defendant is not an infant or incompetent. 5. Based on a review of the Department of Defense database, the Defendant is not a member of the United States Armed Forces who would be entitled to stay relief. 6. I certify under oath that to the best of my knowledge the above statements are true and correct. Subscribed and sworn to before me on 09/11/2014 (Legal Administrator's and Notary Public's signatures)
  3. So, I filed my answer with Suttell & Hammer last February (before the deadline was up). I actually drove to their office in Bellevue, handed it to the clerk and had them stamp a copy for me. It's been nearly two months now, and I've heard nothing back. No case has been filed with the court. And I haven't done anything else since. Would love some advice about my next move. Do I just wait it out, stay silent, and hope they decide I'm not worth the hassle? Do I serve Discovery on them? Or is there something else I should do? I'd love for this to be over and be able to put it out of my mind, but I don't want to do anything reckless or unnecessarily risky on my part either. Thanks again for the advice!
  4. I thought it was odd that I could be "served" without the plaintiff having filed anything with the court as well. It took me a couple times reading through the document before I realized there was no case number where one would normally be listed. And, I've searched through the King County Superior Court website several times since for my case. It doesn't exist (yet). Anyway, thanks to everyone again for the advice. I'm thinking maybe it makes sense to answer with full denial first and then immediately follow up with discovery. If there's any possibility that they're going to drop this by me making it it less than easy for them, I certainly want to give myself the chance. One question: I see that I can force them to file with the court within 14 days if I wish to do so. Is there any reason that would be a good idea? I'm assuming no.
  5. Thanks for the informative replies... I am just now delving into learning the Discovery process for Washington State. One initial question: Am I correct in assuming that I should still respond with an "Answer" first of denials, and then follow up with either Discovery or MDS? Or...do I do this all as one response to their summons?
  6. I've been reading through the boards here for a couple months. DV'd the CA in November and received a printout and a last month's statement from the OC (Chase, formerly WaMu). Yesterday I was served at home. After a few years of unemployment...which is what got me in to this mess...I recently finally have a (limited) income again and have been slowly saving some money to try and get rid of my past debts...including a large tax debt I currently owe. So, I possibly could hire an attorney if it's what I need and it's cheap enough. If it isn't, I'd obviously prefer to save the money and use it to take care of other debts, since I owe much more than I have. From everything I've gathered, I think my next move is to respond with denials..but I'd greatly appreciate any advice, particularly in regards to WA state cases. As I understand it, BOP doesn't apply here. Also, I noticed there is a current thread where someone has a nearly identical lawsuit from S&H. As this is my first time posting, I wasn't sure whether to start a new one or add mine to that thread...so apologies in advance if I chose wrongly. 1. Who is suing you? Equable Ascent Financial LLC. They are being represented by Suttell & Hammer in Bellevue, WA. 2. For how much? ~$5500 + interest 3. Who is the original creditor? Chase Bank, formerly Washington Mutual 4. How do you know you are being sued? I was served papers. 5. How were you served? Were you served? On February 4, a man rang my doorbell at home and delivered papers to me. 6. What was your correspondence (if any) with the people suing you before you think you were being sued? I sent a letter requesting validation in November of 2011 to EAF. They responded with what I believe is inadequate validation. I hadn't yet responded to their attempt to validate. 7. Where do you live? King County, Washington State. 8. When is the last time you paid on this account? February 2010 9. What is the status of your case (if anything has been opened)? You can find this by a) calling the court or looking it up online (many states have this information posted daily). I couldn't find anything online (however it is still the weekend). There is a s/a number listed on the paperwork. 10. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No. 11. Did you request debt validation before the suit was filed? If not, don't bother doing this now. Yes, I did. As noted above, they sent me a printout and a copy of my last statement from Chase. 12. Does your summons require a response in writing? (Look hard!) If you don't get a questionnaire with your summons, you are still probably required to answer it in writing. 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? Yes, I am required to answer within 20 days after the service of the summons. The Summons reads: A lawsuit has been started against you in the above entitled court by the above named plaintiff. Plaintiff's claim is stated in the written complaint, a copy of which is served upon you with this Summons. In order to defend against this lawsuit, you must respond to the complaint by stating your defense in writing, and serve a copy upon the undersigned attorneys for the plaintiff within 20 days after the service of this summons, (or within 60 days after the service of this summons, if you were served outside of the State of Washington) excluding the day of service, or a default judgment may be entered against you without notice. A default judgment is one where plaintiff is entitled what he asks for because you have not responded. If you serve notice of appearance on the undersigned attorneys, you are entitled to notice before a default judgment may be entered. You may demand that the plaintiff file this lawsuit with the court. If you do so, the demand must be in writing and must be served upon the plaintiff. Within 14 days after you serve the demand, the plaintiff must file this lawsuit with the court, or the service upon you of this summons and complaint will be void. If you wish to seek the advice of an attorney in this matter, you should do so promptly so that your written response, if any, may be served on time. This summons is issued pursuant to Rule 4 of the Superior Court Civil Rules of the State of Washington. DATED January 13, 2012 *(NOTE: I was served on February 4--22 days after the date on the Summons) The Complaint reads: I. Plaintiff is a legal entity having paid all licenses and fees due and is authorized to bring this action. II.The defendant, (me), is believed to be a married individual and as such incurred the below-referenced separate and community obligation. Defendant resides in KING County, Washington. *(NOTE: I am not married.) III. That at all times material, defendant has been the obligor of a certain credit account bearing number XXXXXXXXX (last 4 digits of account given) which has been assigned to plaintiff. IV. By use of said credit account, said defendant became indebted on said account for goods, services, and monies loaned in the stated amount, the unpaid balance $5xxx.xx (actual amount listed) which is fully due and owing to plaintiff, together with such greater sum as may be proved at time of trial, together with interest thereon at the highest legal rate. V. Plaintiff may be entitled to attorneys fees either by contract or statute. Plaintiff requests an award of attorneys fees, as determined by the court. We are debt collectors, this is an attempt to collect a debt and any information obtained will be used for that purpose. WHEREFORE, plaintiff prays for judgment against the defendant for the sum of $5xxx.xx together with interest thereon at the highest legal rate, and any further sum which may be proven at the time of trial, and a reasonable sum as and for plaintiff's attorney's fees; that such judgment shall bear interest at the highest legal rate after entry; and that the plaintiff have and receive such other and further relief as in the premises shall appear just and equitable. DATED January 13, 2012. *(NOTE: Again, I wasn't served until February 4) 13. What evidence did they send with the summons? An affadavit? A statement from the OC? Anything else they attached as exhibits? No evidence was provided with the summons. As I mentioned, they did send a photocopy of my last month's statement from Chase in December of 2011 after I DV'd them. 14. What is the SOL on the debt? 6 years, I believe.