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Im going through this for the first time, as a young adult, with little or no help. I have a few specific questions that I couldn't find the answer to on this blog. I'm representing myself in this case due to a lack of money for a lawyer so it's all new to me. I have attached the summons I received to help you better understand my questions in case they're not exactly clear. 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.) Law Firm in Fresno CA 3. How much are you being sued for? $801 plus attorney's fees and court costs etc 4. Who is the original creditor? (if not the Plaintiff) GE Capital then 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) Given to my roommate then mailed to me. 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? None 9. What state and county do you live in? Orange County, CA 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) It's claiming on Oct 6, 2014, but I know I did not make that payment. 11. What is the SOL on the debt? To find out: 4 years 12. What is the status of your case? Suit served? Motions filed? Suit served I believe? I've already filed my general denial with the courts. 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. But I've already filed my response. I wish I would have found this blog before responding. I'm not sure what the 'charges' are. And no I did not receive an interrogatory. 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. -Affidavit of sale -Certificate of Conformity For Notary -A BOGUS looking Bill Of Sale -A BOGUS transaction summary of a supposed payment I made to synchrony. Now there are a few things that I don't understand. First, how on earth did they get $836 as the charged off amount when my credit report states the charge off amount, as reported by Synchrony Bank, was $334? And what are the 'adjustments and/or credits applied' (Highlighted in the file I have attached) that then brings it to $801? Second, I know for a fact that I did not make a payment for this credit card in October of 2014. The supposed last payment I made. Not only do I have no record but I know I didn't because at that time I was about to be evicted and I know 100% the last thing I would worry about paying was a couch payment. I didn't even have the money to pay my electricity bill that month, why on earth would I pay $120 for a couch payment?? Is there any way to demand more about that alleged payment? The bank account I was using during that time I don't have anymore so I no longer have access to those statements as they were online. Additionally, after reading a few threads on here, can the plaintiff say that "Plaintiff's damages and injuries were proximately caused by the acts or omissions of these defendants."? (Highlighted in the file I have attached) I believe I read something about rebutting this because they bought the debt so they brought the damages upon themselves or something like that? Lastly, they state in their summons "No part of said sum has been paid, although demand therefor has been made, and there is now due, owing and unpaid from said defendant, and each of them, to plaintiff, said amount". And even claims I "refused" (Highlighted in red in the file I attached) to pay??!? I Never had any contact from cavalry by phone or mail before being sued, I haven't lived at the address they state I live at since 2011. How can demand be made when I never received a demand from them? As I said, I wish I found this forum before I filed my reply. I'm not sure what to expect, I've never been sued before, let alone by a debt collector. What should I expect next? Will I get something back from cavalry? I sent it first class USPS on the 21st of last month (September) and haven't received anything yet. Thank you so much in advance for the help! Summons_CAVALRY_1.pdf
Hello CreditInfoCenter Forum, I am currently being sued by CAVALRY SPV I, LLC. In California. This is a limited civil suit under $25,000 on a Bank of America credit card from 2009 that is long past the Statute of Limitations. I’ve attached heavily redacted versions of every article from the plaintiff, and every article of my own (the defendant). Please refer to these in the attached PDF form files. I could really, really use some guidance on how to proceed — this is my first time in a civil suit (or a suit of any kind) and I can not afford legal representation, so I have been forced to represent myself — Defendant in Pro Per. I am trying to the best of my abilities to navigate the legal spider web of the rules of procedure, but still I seem to be getting tangled up at every corner. At this point in time we are in the discovery process, and have completed a case management meeting, the plaintiff has served me Form Interrogatories, Special Interrogatories and Request for Admissions, I have only served an answer to the complaint, it’s unfortunate that I found this forum very late in the process, as I have one day left to respond to discovery set one (It must be mailed on the 9th) and I have only completed my response to FORM INTERROGATORIES, and even that I am very unsure of. I sought free legal aid to file my initial answer, I had the lawyer assert a number of affirmative defenses in my answer including Statute of Limitations, but I am not sure based on reviewing the answer filed that the lawyer filled out the answer in the ideal way. The lawyer failed to suggest to me Motion to Dismiss based on SOL, or demurrer SOL or Motion for Summary Judgement SOL, which I have since learned about on my own. CAVALRY SPV I, LLC. Has not sent me anything that would be construed as proof that they are the legal owner of this debt, yet they expect me to answer discovery revealing private banking information to what could potentially be a third party with no right to know? The initial summons and complaint state three credit card account numbers that did not appear anywhere in my records, and were not the original Bank of America account number. They are claiming in MULTIPLE places within discovery and complaint that I made a payment to them on 12/31/2012 and I made no such payment. I only have two bank accounts and have the records to prove that no payment was made to CAVALRY SPV I, LLC. from either account, let alone a payment on New Years Eve which assuredly anyone sober would recall. They have even gone as far as to completely FORGE a document in EXHIBIT 2 — This document is on CAVALRY letterhead with their company logo, an account number they seem to have made up out of thin air, and little more than a short transaction history of a credit that was never made, and a few adjustments I do not understand. (It seems this is a common tactic for CAVALRY, after reviewing their other suit in this Sub-Forum). I paid for and downloaded every article on file at the court’s website for this case, nothing related to chain of title or bill of sale anywhere. I have a number of concerns: 01. They have not proven ownership of the debt nor even tried to, and are asking for private banking information VIA Discovery? 02. The account numbers in the complaint are not the original Bank of America account number (Though they did later list the original account # in Discovery)? 03. Their SPECIAL INTERROGATORIES are basically empty except for a few definitions that relate to the REQUEST FOR ADMISSIONS, there are no questions in the SPECIAL INTERROGATORIES? Can definitions within SPECIAL INTERROGATORIES be applied to REQUEST FOR ADMISSIONS?! 04. Within the REQUEST FOR ADMISSIONS, they have a single request asking me to verify the documents in EXHIBIT 1 — EXHIBIT 1 is 52 pages of Bank of America credit card statements that COULD possibly be from my account, but I do not have many records of this account to compare to so I have no way of authenticating for certain? and they have already forged a fake transaction history document in EXHIBIT 2 so I have means to believe they could have done the same in exhibit 1? Further the last 12 pages of EXHIBIT 1 are Bank of America monthly credit card statements IN SPANISH, I do NOT speak Spanish?! Isn’t this also unjustly compounded? Using one request to ask me to authenticate over 52 pages of documents that are separate monthly credit card statements? The documents in EXHIBIT 1 are NOT NUMBERED or sequenced in ANY WAY so it would be impossible for me to individually accept or deny certain parts, I’d have to accept all 52 pages of statements in entirety as authentic? 05. One of the Discovery documents has my name spelled incorrectly. 06. I read something saying that they are required to try Alternate Dispute Resolution/ADR but they have not, they included an ADR Packet, but the ADR Section of the complaint was empty/not filled in and appears it is supposed to be? I have many other complaints and concerns but these are some off of the top of my head, I could really use any and all assistance in regards to this case and the best way to proceed, I honestly can not afford to lose, it would basically be the end of my family at this point, yet I can not afford representation either. Thank You very much for your time and Consideration, plaintiff_(full)_redacted.pdf defendant_(full)_redacted.pdf DRAFT form interrogatories (Answer) redacted.pdf
Hi guys, so I opened a CC when I was 18 (2008) for some reason they gave me a huge limit I was careless and now I am being sued. I did a lot of research in the forum and think I still might have a chance, but this is where I ask you guys who have way more experience in this then I do. I noticed that I should have sent a "DV letter" to the lawyer however I never received anything before the summons, I def. would have sent it and sent the case right into arbitration but now I have 20 days to respond to the complaint and provide my answers and it's too late to ask for a "DV Letter" I know that in MA the SOL is 6 years and I also know that Bank of America is a DE based company and the SOL in that state is 3 years. I was doing some reading and I think I can fight this case through arbitration, under the grounds that adopting DE law is more suited for this particular case because the credit line, interest rate, etc...is calculated under Delaware law. PLEASE correct me if I am wrong. My main question is... Since I have already been issued a summons, hand delivered to my house, and the law suit has technically been filed (or so I think it has) Is there any way I can put the case on hold and go right into arbitration? The case is brand new and I only received the summons yesterday. I did a lot of searching and came across a few copies of BOA's credit card agreements (if any of you need these agreements please let me know!!) -2003: JAMS -2006: NAF -2008: NAF I also know that NAF no longer handles credit care arbitration cases and they are usually more inclined to take sides with the plaintiff. So obviously I would try to go through JAMS. ****Question Template**** 1. Who is the named plaintiff in the suit? -Cavalry SPV I, LLC, as assignee of Bank of America/FIA Card Services, N.A, 2. What is the name of the law firm handling the suit? -The Law Offices of Goldberg & Oriel (Framingham, MA) 3. How much are you being sued for? -Total $8,706.94 - Principle $4,664.16 + Int. $4,042.78 -Statutory Interest - (12% per annum from May 23, 2012 on or before which date demanded for payment was duly made) -costs and attorney’s fees 4. Who is the original creditor? (if not the Plaintiff) -Bank of America / FIA Card Services 5. How do you know you are being sued? (You were served, right?) -Received summons 6. How were you served? (Mail, In person, Notice on door) -Mail 7. Was the service legal as required by your state? -Yes, was dropped off at my home 8. What was your correspondence (if any) with the people suing you before you think you were being sued? -Was aware of the debt, was not aware of the law suit/summons 9. What state and county do you live in? -Massachusetts, Essex County 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) -On or about November 29, 2008 Bank of America charged-off the balance due under the Agreement. 11. What is the SOL on the debt? -Massachusetts - 6 years -Delaware - 3 years 12.What is the status of your case? Suit served? Motions filed? -Received summons yesterday (Aug. 1, 2012)…Suit served? 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, I had no idea I was being summoned 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? -20 Days (August 21, 2012) INTRODUCTORY STATEMENT The Plaintiff seeks certain damages from the Defendant for Breach of Cardholder Agreement. THE PARTIES 1. The Plaintiff, CAVALRY SPV I, LLC, as assignee of Bank of America/FIA Card Services, N.A., is a limited liability company duly organized by law having a usual place of business in Hawthorne, NY. 2. The Defandant, “Peanut835”, is an individual having a usual place of residence at “name of street” “name of city”, Essex County, MA COUNT I (For Breach of Cardholder Agreement) 3. The Plaintiff re-avers, re-alleges and incorporates herein by reference the allegations contained in Paragraphs 1-2 above with the same full force and effect as if expressly set forth herein. 4. On or about June 25, 2007, the Defendant entered into, executed and delivered to Bank of America / FIA Card Services, N.A. (“BOA”) a Cardholder agreement (“Agreement”) wherein BOA provided the Defendant with a credit card account (numbered XXXX-XXXX-XXXX-XXXX) and wherein the Defendant agreed to pay BOA and/or its assigns all balances due thereunder. 5. Thereafter, the Defendant defaulted on the agreement by failing, refusing or neglecting to fully pay all balances as and when due thereafter. 6. On or about November 29, 2008, BOA charged-off the balance due under the Agreement. 7. On or about October 25, 2011, BOA assigned all of its right, title and interest in and to the Agreement to the Plaintiff. 8. Thereafter, the Defendant failed, refused or neglected to pay the Plaintiff pursuant to the Agreement despite the Plaintiff’s demands for payment. 9. The principal balance due under the “Agreement” is $4,664,16 and interest has accrued thereon pursuant to the terms of the Agreement in the sum of $4,04278 10. The Defendant thus owes the Plaintiff the total sum of $8,706.94 plus statutory interest thereon at a rate of 12% per annum from May 23, 2012 on or before which date demand for payment was duly made, costs and attorney’s fees. WHEREFORE, the plaintiff demands Judgment against the Defendant in the total sum of $8,706.94 plus statutory interest thereon at a rate of 12% per annum from May 23, 2012, on or before which date demand for payment was duly made, costs and attorney’s fees and the entry of such further relief as this Honorable Court should deem just and proper. 16. What evidence did they send with the summons? -Complaint Letter -“Statement of damages” listing: -Contract claim -Plaintiff and defendant name / address -amount of contract claim Thanks in advanced to all who contribute...I will be checking this thread frequently and will respond in a fairly quick time so all your questions/comments will be answered and appreciated