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Found 15 results

  1. Hi, I've been reading over several threads that are similar to my situation but am still feeling confused and a bit overwhelmed. I'm wondering what my affirmative defenses should be, including Doctrine of Laches? Here are my details: 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.) Winn Law Group 3. How much are you being sued for? $1419.90, however, my credit report pulled on 10/23/17 has the balance charged off listed as "$464". Then, under that where
  2. I was just served last Friday Night. I have been following the threads on here an the advice so far has been unbelievable. I have a couple of questions that I wanted to double check. The first is I didn't see any thing that was labeled VERIFIED, the only thing that was attached was a statement from August 2013 showing that my last payment was made July 2013. I am assuming this means it is unverified? I just wanted to make sure that my first step is filing a POS - 050 or genial denial http://www.courts.ca.gov/documents/pld050.pdf. Also, a notice of case assignment was attached. Does that mean
  3. Hello everyone!! I am new to this boards and I hope I'm posting this in the right place. Last week I've discovered that I had a lawsuit filed against me by Calvary SPV for some old debt from Citi requesting judgement, I didn't know about it until I started receiving letters from lawyers and went to check on public records. And there it was! I have retained an attorney to deal with it, but meanwhile... I'm in the process of purchasing a house and have closing already set for December 20th. Lawsuit was filed on November 8, I understand this is not a judgement, but if title runs the search,
  4. Hello Everyone, How does the Statue of Limitations work in the State of California? I am being sued by Calvary LLC. They sent me 12 billing statements in my Request for Production of Documents with the last payment showing on 03/31/2013. I understand that the SOL in California is 4 years but was wondering about any details that would be helpful. Any help would be appreciated. Thanks
  5. I was served a "Consumer Credit Transaction" on the 19th of August. In it, it indicates that I am "summoned and required to serve upon plaintiff's attorney an answer to this complaint in this action within twenty days after the service of this summons, exclusive of the day of service..." The attorney is out of Schachter Portnoy LLC in Valhalla NY and it says that the plaintiff is "Cavalry SPV I, LLC, AS ASSIGNEE OF SYNCHRONY BANK" Page 2, which contains the "VERIFIED COMPLAINT" states in part: "1. That at all times hereinafter mentioned, plaintiff, CAVALRY SPV I, LLC, is a limited li
  6. I'm being sued by Calvary SPV in Indiana. I received the summons today on my door and have 20 days to respond. The complaint states that the plaintiff owns an account due by me and the assignee was synchrony bank and the amount is 4000.00.They have attached only 1 exhibit which is an affidavit of debt signed by a designated agent of Calvary SPV stating they are familiar with the record keeping practices ofthe plaintiff, that Calvary is not the original owner of the debt. It states the amount owed as of a certain date with the last 4 numbers of an account number. It states the date the alleged
  7. I'm being sued by Calvary SPV in Indiana. I received the summons today on my door and have 20 days to respond. The complaint states that the plaintiff owns an account due by me and the assignee was synchrony bank and the amount is 4000.00.They have attached only 1 exhibit which is an affidavit of debt signed by a designated agent of Calvary SPV stating they are familiar with the record keeping practices if the plaintiff, that Calgary is not the original owner of the debt. It states the amount owed as of a certain date with the last 4 numbers of an account number. It states the date the alleged
  8. I want to offer my advice, because I finally got Calvary Portfolio removed and did not pay them one dime. I hope this helps someone. I just want to start by saying that it takes only a little patience and a little hard work, also I paid a small fee to my attorney, but I am gone. First things first. I got the letter that they were suing me and Calvary is known for spewing a lot of lies. They claimed to have tried to contact me. They never did. In their original court document, they claimed to have tried contacting me by phone and snail mail. I never received either, but I had to go t
  9. Hi everyone; I'm a newbie here and feeling way in over my head, needing some advice and wisdom from all your experience. I reside in California. I got a notice of intention dated 7/18/2017 to sue (and incur court costs) from Mandarich Law Group on behalf of Cavalry SPV for a $8900 Citibank CC balance. Last payment made 12/2013 (4 yr Cali statute of limitations not up yet). I have not yet been served any court papers. Like most people who find themselves in this predicament, I'm going thru a tough time financially and cannot pay this loan off, so it went delinquent. Now I'm in a
  10. Hello folks, first of let me send out a thanks boy am I glad I ran into this site so much information, knowledge, and some pretty great folks all put into one place Awesome. Now to the not so awesome thing I was served a couple weeks ago and need to make a move as my 30 days will be up in the coming days (I know I should not have waited this long but I did have to deal with some pretty hard personal issues during these past weeks). So Calvary SPV is suing me as assignee of Citibank NA here in California for under $5,000 the summons includes a photocopy of a credit card statement (does this mea
  11. <I'm not a lawyer, and I don't play one on TV, but here's my story> It all started with a call from a Deputy Sheriff from the next state over. Appernatly I missed a trial for a suit filed by Calvary, by their attorney from NH, who hired a lawyer in MA. And there is a warrant out for me. Guessing he got my work # from the ex who resides in MA. I am to appear in MA Small Claims in Oct at 1pm. <What, am I part of the James Gang now? Should I be watching America's Most Wanted for a picture of myself?> So I hit the forums, read the court's self helps, read the forums some more....
  12. I just picked up a registered letter saying that I was being sued by Calvary SPV and I have a court date of January 30, 2015. It says on the letter to call the magistrates office immediately to tell them if I intend to defend myself. I got "served" last year over this same debt by Portfolio Recovery. I say "served" because I believe they were fake papers and were trying to scare me. I also received something shortly after that saying there was a default judgment against me because I didn't respond to the summons. I can't find a judgement against me, but say there is one, can Calvary still sue
  13. I was served on Sunday from the Winn Law group. It is for a Best Buy/HSBC account I had. I believe the SOL run in June of this year based on the charge off date on my credit report. Below is a copy of the complaint. I need help with how to answer and what defenses I should use. ANy advice is appreciated! Also, is there a form I can use to answer? Thank you! prian l-rl, Winn (State Bar No. 86779) la3r1M.Hoalst (State Bar No. 101082) J^ol*. E 9orlql (State Bar No. iS0053i Stephen_S. Zeller (State Bar No" 265664) !1sey_M. Je_nsen (State Bar No. 263593i Wim Law Group, A Professional Cor
  14. I am being sued and have spent the last two weeks doing research. I have attached my answer but need advice! Is it too much Some basics: SOL is not violated No known FDCPA Violations No affidavit attached to summons Exhibits: plain white paper copy of purchased date with acct and contract date and last pay date HSBC account balance name and last 4 of my social but looks like I typed it (unofficial) Assignment and bill of sale with signature of Capital One (notice its wrong bank) but no account numbers either way . Who is the named plaintiff in the suit? Cavalry
  15. I sent a DV letter to Calvary Portfolio almost 2 months ago. Today I received a letter stating that Calvary acknowledges my dispute and the request for account validation. It goes on to state the they have already ceased collection efforts relating to the alleged account. It also states that they will contact me again and either provide validation or an update on the account status within 60 days from the date of this letter and that no collection efforts will be made unless and until account validation is provided. My question is should Calvary still be reporting this to the Credit Bureau