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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 Calvary took over the balance claimed is "$1420 with an original balance of $1450" 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?) Yes, yesterday at end of Super Bowl (2/4/17; Sunday) 6. How were you served? (Mail, In person, Notice on door) In person; still need to serve me (they filed against both my husband and me and "Does 1-10" as it was a joint account 7. Was the service legal as required by your state? Yes 8. What was your correspondence (if any) with the people suing you before you think you were being sued? debt "validation" packet including a Bill of Sale (with two dates on it - July 16, 2014 and Dec. 26, 2014), and 3 or 4 statements (dated 12/14, 6/14, 5/14); Notice of Intent to File lawsuit October 2017. 9. What state and county do you live in? Sacramento, California 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) April 14, 2014 11. What is the SOL on the debt? 4 years 12. 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). Suit served. I have 30 days to answer 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) Yes because on some credit reports they are listing their account as a separate account from the OC making it look like I owe both the OC AND the JDB 14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late. Yes. Bill of sale, a spread sheet type thing with all of my account info and ~ 4 months worth of statements. 15. How long do you have to respond to the suit? (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. Did you receive an interrogatory (questionnaire) regarding the lawsuit? 30 days to respond 1.Account Stated 2. money lent 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Exihibit “A” ~ monthly statement from 4/14, listing last payment made on 4/14/14 My questions are these: 1) Can I use the Doctrine of Laches since they are filing so close to the SOL? When does the SOL start counting - when last payment was made or when first payment missed? Either way, my guess is that by the time a CMC is set the SOL will be up on this account. 2) The credit report dated 10/23/17 states clearly from the OC that the last balance was $464 and the "charge off balance" was $464. I think this might be a typo on either the OC or credit bureau's part but none the less it is stated clear as day on my report print out. Do I use this? 3) I'm overwhelmed because of the two actions listed there are 12 line items before it even gets to the first action of "Account Stated" and the second cause of action "Money Lent" with a total of 22 line items. I'm not sure how to respond to them and some even seem duplicates. They actually state in the second cause of action "19. Plantiff repeats and repleads and incorporates by reference the allegations made in Paragraphs 1 through 18 of this complaint. So do I have to respond to the 1-18 again, line by line? 4) Any help would be most appreciated! Here is the gist of their line items: 1. True names of Does 1 to 10 are unknown to Plaintiff (there are no other people on this account; just me and my husband) 2. All times, Defendants were the agents, servants and employees of each other (???) 3. Plaintiff is and was a LLC, authorized to do business in California 4. Plaintiff is a debt buyer - section 1788.50 of CA Civil Code 5. Section 1788.50 applies to this debt because it was purchased after January 1, 2014 6. Plaintiff is in compliance with Section 1788.52 - attached is Exibit A (which is a monthly billing statement dated 4/2014) "which demonstrates the debt was incurred by the Defendant" 7. Nature of debt is credit card agreement entered into by the charge off creditor and Defendant. Defendant obtained credit to use for the purchase of certain goods and services. 8. Name of Charge off creditor is Synchrony Bank FKA GE Capital and address listed along with charge off account number. 9. Name and last known address of Defendant is listed 10. Name of "all entities" that purchased the debt after charge off are: Calvary SPV I, LLC and address in NY 11. Plaintiff believes Defendants reside in city of Sacramento, state CA 12. Plaintiff informed Defendant in writing that it intended to file this action 13.Plaintiff repeats and repleads and incorporates paragraphs 1-12 14. the account was charged off at 1459.90 15. On Nov. 12, 2014, defendants were indebted to the charge-off creditor, synchrony bank, in amount of $1419.90. Defendant billed monthly and failed to dispute as required under FFBA 16. The date of last transaction or payment made on account was April 14, 2014 17. Prior to filing this complaint, all right title and interest in the account (acct number listed), was sold and assigned by Synchrony Bank to Calvary SPV and is the sole owner of the debt at issue 18. Plaintiff made demand on defendants for payment of that sum but no part of that sum has been made to plaintiff 19. Plaintiff repeats and repleads allegations made in paragraphs 1-18 (Second cause of action begins: MONEY LENT) 20. the account was charged off with balance of $1459.90 21. Within the last four years, Defendant became indebted to charge off debtor, Synchrony Bank in amount of $1419.90 22. The date of last payment made on account was April 14, 2014 23. Neither the whole or any part of the above charged off sum has been paid, although, payment has been demanded, owing to Plaintiff in the principal amount of $1419.90 and costs of suit Then, they list "For First Cause of Action": 1) Principal of damages in sum$1419.90 2) Costs of suit and; 3) such other relief as the Court may deem just and proper For the Second Cause of Action: 1) Principal damages in the sum of $1419.90 2) Costs of suit and; 3) Such other relief as the Court may deem just and proper
  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 anything separately? It's a CRC 3.740 case. What I am confused about is it says a defendant must general appear within 30 days of service of the complaint. My next question is do I have to file a POS - 030 as well? I am a bit confused as to if it is necessary or not. Also, does the BOP have to come from someone else or can it be mailed from me? I am bit confused on that as well. My last question is part of the documents filed was copies of a suit against someone else in Fresno with their name on it, not me. My cases paperwork filed in San Diego is attached as well, but I am confused as to why the paperwork from a case against a lady was attached as well? I apologize if these are simple questions. I honestly had no idea what to do until I found this site and all the responses & realized that I can fight this & win. I have answered the questions below as well. Thank you for you help in advance! 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.) Lawyers out of Fullerton, Ca 3. How much are you being sued for? $4,800 4. Who is the original creditor? (if not the Plaintiff) Citibank 5. How do you know you are being sued? (You were served, right?) Yes 6. How were you served? (Mail, In person, Notice on door) In person 7. Was the service legal as required by your state? Yes 8. What was your correspondence (if any) with the people suing you before you think you were being sued? A letter saying that they now had the debt & to verify in 30 days, which I didn't 9. What state and county do you live in? San Diego, California 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) July 2013 11. What is the SOL on the debt? 4 years 12. 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). Suit served. I have 30 days to answer 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No 14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late. No. 15. How long do you have to respond to the suit? (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. Did you receive an interrogatory (questionnaire) regarding the lawsuit? 30 days to respond; Does 1 to 10 Inclusive ( I think this is what is meant) 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. An old Citibank statement from 08/2013
  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, will they pick up this lawsuit and how will it affect my closing, will I be able to close?? The amount of debt is 30K (it's a long story with my ex, etc...) I'm really concerned I might not be able to purchase home, even though I was already preapproved. The Citi debt is no longer on my credit report, only this law suit that just popped in at a really bad time. Should I let my lender/title know about this or what should I do if anything at all? Any advise would be much appreciated and thank you in advance!
  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 liability company with a place of business in the State of New York. 2. Plaintiff, by purchase and assignment, acquired from SYNCHRONY BANK , original creditor all right, title, and interest in the defaulted account, account number ****************1452, of defendant(s), ((my name here)). AND FOR A FIRST CAUSE OF ACTION 3. Plaintiff, through assignment, is the lawful owner of a consumer credit agreement entered into by defendant(s). 4. Defendant(s) did breach the aforesaid consumer credit agreement and Plaintiff seeks the sum of $1,192.19. Payment has been demanded by Plaintiff but has not been made. AND FOR A SECOND CAUSE OF ACTION 5. Plaintiff seeks for Defendant(s) the sum of $1,192.19, upon an account stated between them, did promise to pay Plaintiff said sum upon demand. Payment has been demanded by Plaintiff and has not been made. WHEREFORE, Plaintiff demands judgment against defendant(s) for the sum of $1,192.19, with costs and disbursements of this action and interest thereon." The third, and final, page is a signed verification (notary signature, etc.) I consulted with an attorney who told me that while I was more than welcome to retain him, he would be more expensive than just attempting a settlement. I left a voicemail for Schachtner Portnoy advising them that I was unaware of the account, had not received documentation regarding any bills (mail or phone call) and that I would like someone to call me back. This was all on the 19th. I still (not surprisingly) have not heard back from Schachtner Portnoy. What I've been able to find leads me to believe that they have not provided me with all the necessary documentation. I mean, Synchrony manages more than 57 credit accounts (yikes) - who are they claiming I owe money to? I don't truthfully know what the deal is. Any advice on how to proceed would be wonderful. The attorney I consulted with indicates that they purchase these 'junk debts' for pennies on the dollar and a quick settlement should be easy, but no one is calling me back so that doesn't help me at all.
  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 account was opened and the date the last payment was supposedly received on 10/9/16. The affidavit is not notarized and there is nothing else attached to the summons. Can someone please help me? Should there be other information attached? How should I answer and what affirmative defense could I use? I've been reading about arbitration and the synchrony agreements have arbitration clauses. I've been looking but I can only find a synchrony retail agreement on the consumer protection bureau site for 6/17. How can I find an agreement from before payments stopped on the account? Can I request arbitration in my answer?
  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 account was opened and the date the last payment was supposedly received on 10/9/16. The affidavit is not notarized and there is nothing else attached to the summons. Can someone please help me? Should there be other information attached? How should I answer and what affirmative defenses should I use?
  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 to court to settle the debt. My advice to you is if you receive this letter, definitely go, because when I showed up in court, Calvary failed to and I was able to have the judge dismiss my case with prejudice meaning that they are not allowed to sue me again. At first, I thought that they wasted my time by not showing up, but since they were a no-show in court, they lost their chance to ever sue me again. By dismissing the case with prejudice, you tell the judge to dismiss the case and the plaintiff loses all rights to sue you ever again. Strike 1, Calvary! Now, I, like everyone else, had to wait out my statute of limitations. I was in New York and the SOL is 7 years. However, Calvary lied to the credit bureaus with false information. My last credit card payment was 2010 and this year, I made the statute of limitations, but Calvary told the credit bureaus that my case was opened in 2013 and that would mean that I had to keep them on my credit report till 2020, when in fact, the truth was that I only need to keep them on till 2017. Calvary kept updating my case every year and the credit bureaus had me on since 2016 which would get me off in 2023. That was wrong. If you find yourself in this situation, you can easily prove this by getting your last paid credit card statement. Mine was 2010 and as mentioned, I only needed ti keep Calvary on till this year. Strike 2, Calvary! Now, to get them off my credit record, my attorney only charged me $200 to send the bureaus a letter and to remind them about my statute of limitations. BOOM, OFF my credit record. Calvary is gone! That's strike 3 for you, Calvary. Now, if you feel that you cannot afford an attorney, keep in mind that most attorneys will not charge much, because they already have the letter written. It is only little work for them to put your personal information on it and it takes them maybe half hour. Whatever an attorney charges, it is worth it to make your credit record healthy again. It is really that simple and not difficult as one may think. In a nutshell 1. Show up in court and if Calvary fails, have the judge dismiss your case with prejudice. 2. Once your SOL has past, make sure you keep your latest paid credit card statement and have an attorney cheaply send a demand letter to the credit bureaus. It is that easy.
  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 state of near panic wondering the best strategy is short of declaring bankruptcy. I have NOT contacted Mandarich to negotiate a settlement. I'm not well versed in the arts of negotiations, and even less in the law, So, I have been speaking to a few law firms to get some options offered to me, none of which feel all kosher! Without naming names; One suggests telling Mandarich the intention to file bankrupcy, but keep putting it off until the SOL clock runs out. (for a fee of $500) One will charge $595 to negotiate a debt settlement and also get a 5% bonus for moneys saved in the process. and so on... questions: can I use the remaining 5 months left on the statute of limitations to my advantage (running out the shot clock, as it were)? Should I refrain from calling Mandarich directly and offer say 10% ( i know that is unlikely)? what are the risks of dealing with these sharks? Is it a good idea to retain legal council, and more importantly ; how do i find an honest one?? I'm trying to get this dark cloud from over my head and get this off my back. ANY advice would be appreciated!! Thanks.
  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 mean verified) I know my first thing to do is respond to the summons and ask for verification but would like to see if I can get a more detailed info on how to do that correctly and ask you members does a statement show proof of verification. Thanks in advance
  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........So I showed up on the date ready for a fight to find, that I already had a judgement against me and this MA lawyer asking me how I'd like to pay $1,049. (I use to live in MA, but this account would have been opened well after I moved to CT.) <what? Um, No!> Needless to say we appeared infront of the magistrate after I told the lawyer, "uh, no!", where I told him the magistrate I don't live in MA and this is the wrong venue. The magistrate actually said "what's the difference, you only live just down the road, don't you?". <Really? Um, No!> Then I proceeded to explain why the piece of paper he had in his hand was not evidence, just a claim that has the wrong address, and the rest may or may not be accurate. I need to see evidence of the debt. Needless to say he reversed the judgement and we set a new trial date for Dec. (check your State Laws on reversing judgement. While an appeal was 20 days, reversal based on new evidence is much longer) This site was invaluable to being able to build and file a counter claim, which I also served to the Plantiff via the NH attorney for $1,428.95, for violations of FDPCA, 811,a,2; 809, a, b; 807; 808 and 813,a,1,2 and Mass MA Ch 223A, 6 Mod of Service outside the Commonwealth, proof of service. A week goes by and and a letter comes from the NH attorney's office asking me to settle for $500. They want to GIVE me $500 to go away. "Mutual Release of All Claims and a Mutual Dismissal with Prejudice". <Huh? Um, Ok!> Guess my crash course in small claims law paid off. My new rule is to now say No twice before saying yes. Now I have to say, while I sat there in the court waiting to be heard, I lost count of the Debt Collector cases that went un answered and went to default judgement, prima facia. Basically what happened to me. I have always considered myself a fair guy, but when a company pulls this, its just wrong. Again, I want to thank all those here that are helping others out!!!
  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 for the same debt? Shouldn't I have received something stating they were planning on suing me and giving me 20 or 30 days to respond to the company? This is just a letter from the magistrate stating I have a Civil Action Hearing on January 30th at 10:15 am. On the next page, it is a paper saying Calvary SPV, as assignee of GE Retail Bank is the assignee and successor in interest of account number ending in 7038. The credit account was issued to defendant by GE Retail Bank, the original creditor and defendant used the account. Amount due is $1,117.67. File No 388926 and it is signed by Filance Manuel verifying the facts are true. The last page is Entry of Appearance and it states that David J. Apothaker, Esquire will be their representative and his address and phone number. I believe I last paid this in 2011, so the SOL is not up, I don't believe. Would I go by PA or New York where Calvary is located? Also, what happens if they don't show up to the hearing? Can they send a local lawyer to take their place? I don't see someone driving 9 hours (the lawyer is out of New Jersey) for a debt of $1000. I had more questions but now I am blank as to other stuff I was wondering. Any help would be great!
  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 Corporation I 10 E Wilshire Ave Ste 212 Fullerton CA 92832 Telephone: (7 14) 446-6686 Fax No.: (714) 446-6680 File No: I 4-08462-0-CVI-DZ- (1 9 1 0-00) Attoneys for Plaintiff caseNo. "Limited Liability Case" COMPLAINT FOR ACCOLN{T STATED; MONEY LENT DEMAND AMOUNT: $7,xxx.xx SUPERIOR COURT OF CALIFORNIA _______COUNTY, CALVARY SPV i, LLC, as assignee of CAPITAL ONE, N.A., Plaintiff. VS. XXXXXX DOES 1 to 10, Inclusive, Defendant Plaintiff, CAVALRY SPV I, LLC, as assignee of CAPITAL ONE, N.A., Successor in Interest to the original creditor HSBC BANK NEVADA, N.A., as issuer of the BEST BUy CO., INC' credit card account, complains of Defendants, and each of them, singularly and collectively, that: 1 The true names and capacities of Defendants herein sued by the fictitious names as DOES 1 to 10, Inclusive, are unknown to Plaintiff, who therefore sues those Defendants under, pursuant to, and in accordance with the provisions of Section 474 of the Code of Civil procedure. Plaintiff will ask leave of court to amend this complaint as and when the true names and capacities of Defendants named herein as DOES i to 1O have been ascertained. 2. At all times herein mentioned, Defendants, and each of therm, were the agents, servants and employees of each other and every remaining Defendant, and in doing the things alleged, were acting in the course and scope of said authority of such agents, servants, and employees. 3. Plaintiff is now and was at all times herein mentioned a limited liability company, authorized to do business in the State of California. 4. Plaintiff is informed and believes and thereon alleges that Defendant XXX AKA XXXX is an individual who resides in the City of XXX, County of XXX, State of California. " 5. Plaintiff is informed and believes and thereon alleges that Defendant XXX AKA XXXX is an individual who resides in the City of XXX, County of XXX, State of California. 6. Before commencement of this action, in those cases where recovery of costs is dependent on such notices, Plaintiff informed the Defendant(s) in writing that it intended to file this action and that this action would result in a judgment against Defendant(s) that would include court costs and necessary disbursements allowed by C.C,P. $ 1033(bX2). FIRST CAUSE OF ACTION Account Stated (Against A11 Defendants) 7. Plaintiff repeats and repleads and incorporates by reference the allegations made in Paragraph.s 1 through 5 of this complaint. 8. On November 30, 2011, defendants were indebted to the original creditor, HSBC BANK NEVADA, N.A., as issuer of the BEST BUY CO., INC. credit card account in the sum of $7,830.04 on an account stated in writing. This account issued by original creditor, HSBC BANK NEVADA, N.A., as issuer of the BEST BUY CO., INC. credit card, was subsequently assigned to CAPITAL ONE, N.A., as Successor in Interest, and was for credit card purchases and/or cash advances. Defendant was billed monthly and failed to dispute as required under the Federal Fair Billing Act applicable to such account (15 USC $ 1666 et seq.) Page2 COMPLAINT FOR COMMON COUNTS 9. HSBC BANK NEVADA, N.A., as issuer of the BEST BUY CO., INC. credit card, sent defendant monthly billing statements showing purchases, payments and balance owed, on each billing statement. 10. Prior to filing this complaint, all right, title and interest in the account which is the subject of this lawsuit, was sold and assigned by CAPITAL ONE, N.A., as Successor in Interest to HSBC BANK NEVADA, N.A. as issuer of the BEST BUY CO., INC. credit card account, to CAVALRY SPV i, LLC. " 11. This Obligation is based on a BEST BUY CO., INC. credit card account that was issued by HSBC BANK NEVADA, N.A. Therefore, HSBC BANK NEVADA, N.A. is the creditor to whom the obligation was owed originally prior to the assignment of the debt to Plaintiff, i2. Plaintiff made demand on defendants for payment of that sum, but no part of that sum has been paid to plaintiff, and the entire amount is now due and unpaid. 13, The payoff on this account as of November 30, 2011 is $7,xxx.xx. SECOND CAUSE OF ACTION Money Lent (Against All Defendants) 14. Plaintiff repeats and repleads and incorporates by reference the allegations made in Paragraphs 1 through 12 of this complaint. 15. Within the last four years, Defendant became indebted to the original creditor, HSBC BANK NEVADA, N.A., as issuer of the BEST BUY CO., INC. credit card account in the sum of $7,830.04 for money lent to or paid out for the benefit of Defendant at his/her request, based on Defendant's use and benefit of his/her account. This HSBC BANK NEVADA, N.A., as issuer of the BEST BUY CO., INC. credit card account was subsequently assigned to CAPITAL ONE, N.A., as Successor in Interest. Thereafter, the account was assigned by CAPITAL ONE, N,A., as Successor in Interest, to Plaintiff. 16. Neither the whole nor any part of the above sum has been paid, although payment has Page 3 been demanded, leaving a balance due, owing and unpaid to Plaintiff in the Principal amount of $7,xxx.xx, and costs of suit, WHEREFORE, plaintiff prays for judgment against defendants, and each of them, jointly and severally, as follows: FOR THE FIRST CAUSE OF ACTION (1) Principal of damages in the sum $7,xxx.xx; ' (2) Costs of Suit and; (3) Such other relief as the Court may deem just and proper. FOR THE SECOND CAUSE OF ACTION (1) Principal of damages in the sum $7,xxx.xx; (2) Costs of Suit and; (3) Such other relief as the Court may deem just and proper. Winn Law Group, A P.C. Dated: October 10,2014 [ ] Stephen S. Zeller fol Casey M. Jensen Attorney for Plaintiff Pase 4 COMPLAINT FOR COMMON COUNTS
  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 2. What is the name of the law firm handling the suit? Roosen... 3. How much are you being sued for? 3XXX 4. Who is the original creditor? HSBC... however they sent capital one assignment bill of sale and schedule one with no account info 5. How do you know you are being sued? served legitimately 6. How were you served? in person 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? none 9. What state and county do you live in? MI 10. When is the last time you paid on this account? statement with black out address is dated Nov 2011, 11. What is the SOL on the debt? To find out: No SOL violation Statute of Limitations on Debts 12. 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). 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No 14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late. NO 15. How long do you have to respond to the suit? (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. Did you receive an interrogatory (questionnaire) regarding the lawsuit? Due Monday Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits.
  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 Bureaus as this account was still listed as of today. Also should I dispute this again and if the credit bureaus come back saying this was verified I could provide them with the letter that Calvary sent stating all collection activity is top until and if validation is provided. Any thoughts, comments and or suggestions welcome.