muchneeded

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About muchneeded

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  1. Attorney called me today with some great news!! I don't know the exact legal terms but the case has been dismissed with predjuice In summary, I was served back in September and when I went down to the court, no papers were filed. I kept calling and court had no record of anything, yet they (Cavalry) kept calling. Finally I found out that they had filed a motion for default judgement. Having to move very quickly, I called an attorney I found on the website someone here had recommended. I was under a deadline to file an answer so I did so before meeting with the attorney. The attorney agreed to take the case as there were numerous FDCPA violations. Cavalry even called me to settle after they knew an attorney had taken over for me (and I just happened to be at my desk and pulled out the tape recorder and recorded that call). A big huge thank you to everyone on here, I didn't have an ounce of knowledge that I could even win a case such as this!! The summons was for $14,000 and they were willing to "settle" with me for $21,000.
  2. Can't reach the attorney I spoke with on Monday, I'm not happy he hasn't responded to calls or emails. How do I go about doing this myself or is it best to find another attorney who will help me? I don't have a lot of time to devote to this, however I also know that I don't have the means to ignore it either.
  3. I'm not up to speed on the correct wording, however I wanted to let you know that I am being sued by Machol and Johannes as well. I went and met with an attorney and he said that their summons was poorly written. When I called the office to try to make payment arrangements (prior to finding this forum) they told me that I had a court date which was yesterday---called the courts and there is no court date. Not sure how to link my last post, but people here are saying to sue them for violations on their end.
  4. Thank you very much, I will do just that! Interesting to note, the attorney I spoke with told me that the attorney's office who is representing IS Cavalry, the attorney owns the company.
  5. Yep, Cavalry kept telling me I had a court date on 11/7 at 8 am. Courts said nothing on docket. I recorded a call saying that they had me down to go to court on 11/7, I even told Cavalry that the courts said nothing was on the books and she said well you need to go. I took a picture with my phone of the docket schedule which my name was NOT on, I got a copy of the dates schedule from the court clerk as well. What does this mean now? Haven't heard back from attorney.
  6. I went and met with an attorney this morning. He told me that my answer was "bad" ie, I had the right items in it, but did not word it well. He feels that at least my answer can buy time and delay the default judgement. What we agreed on is that he will defend me on this case and at the same time bring a suit against them for FDCA violations. He is familiar with Cavalry, apparently the plaintiff's attorney owns Cavalry. The attorney said that while my answer was bad, that Cavalry's summons was bad---they left out key information among other things. What I now need to do is get Cavalry on the phone and record the conversation with them. The attorney has given me a list of questions to ask them knowing full well that they will violate FDCA as they already have done so during phone conversations. When I asked about this, my attorney said that this office is notorious for purging phone records meaning they will destroy their evidence that they committed violations. For anyone interested, these are the questions he wants me to ask and have answers recorded. (in my state CO, there is no need to tell them that the call is being recorded) Who did you get the debt from Do you have an invoice from the original company when did I incur this debt are you reporting the debt on my credit report how can I get this off my credit report---he's speculating they will say "the only way to get this off your report is to repay the debt" is there any other way what happens if I don't pay this debt who owns this debt I'm disputing this debt with you He's speculating that they will say "you can't dispute the debt" or "you need a reason to dispute the debt" or "you can only dispute by mail"
  7. This is a spin off of my other thread. I had no idea until yesterday how many violations the JDB had committed. What happens to them typically? The case, can it be dropped? Here are the violations--- Summons served with no date listed to return to court Listing one amount on summons and another amount on the JDB's "make us an offer" website Telling me on the phone that I would qualify for hardship payment plan then the next day telling me that I never would have qualified because I'm not on SS DI. Telling me that I needed to appear in court on 11/7 when the court has no court date listed for me, absolutely nothing on the docket, confirmed when I provided case number Telling me on the phone what sort of offer they "would accept" which was 7,000 MORE than the summons listed I believe there was issue too with not filing with the courts until 14 days after they served me. I had NO idea these were violations and never would have known this until an attorney brought this up. Thank goodness someone knew what they were talking about.
  8. I am going to be meeting with an attorney on Monday which I found off of the NACA website. From what they told me on the phone, many things this company did wrong and I have a suit against them for violations of the debt collection act. At this point my goal is to protect my assets and future earning capabilities. If I have to pay the debt, I will, however I can't afford large payments at this time. At the same time I can't afford to have my bank accounts seized---I truly wouldn't know about where to start in terms of where to put the money coming in. What have you seen result from situations such as mine where an attorney is involved and the JDB has gross violations in the way they went about collecting (yes, they have recordings of the calls which were made to me, I just didn't know at the time that what they were telling me were violations) I'll post in another thread the violations. Thanks again!!
  9. The clerk told me to follow up to see if something comes up in the court file. Now that I have filed an answer, do they need to respond as well? The attorney I spoke with this morning from NACA told me that they have violated debt collections by 1. serving a summons without a date to return to court 2. telling me that I would qualify for hardship and then telling me I would not, this was done on recorded calls with them. 3. telling me that there was a court date when in fact there was not I will be calling another attorney closer to me to see how I should proceed.
  10. I filed my answer. Requesting evidence this is my debt and evidence of my account with bofa. Requested proof I owe money to cavalry as no contact prior to sale. I requested a bill of sale for the account with account number listed to show account was mine. . Requested to be notified of any and all court dates and let judge know cavalry told me of court date yet court confirmed there is no court date. Courts were unable to locate file as its listed as jane k doe and my name is jane m doe. Does it make a difference they meaning cavalry has my name wrong?
  11. I just spoke with an attorney from the NACA and she advised me to file an answer today. She also said that I have a case against Cavalry for violating the debt collection rules in serving a summons with no date which to appear and also for telling me that I would be eligible for hardship and then saying no. I'm going to go file an answer and then find an attorney.
  12. I left a message with the attorney from that site, this was a different one when I googled this.
  13. ok, so ask to see my file then? According to the court nothing was filed as of yesterday, but today the motion for default is in there.
  14. Just called an attorney and he says to file bankruptcy, says no point in filing an answer at this point. That is not the route which I'd like to go, I'm going to go down to the court now to find out when the court date is and file an answer.
  15. court said I can still file an answer, is that recommended at this point?