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  1. Oof my laptop died and now I'm re-typing this. Sorry if it isn't as well-thought-out as it was before. ** I've attached [redacted] copies of my MTC Arbitration documents at the bottom of my text. The usual that happens with JDB doing their same old strategy finally happened to me for the first time recently. In my online research, not sure of what exactly to do after being served papers to a roommate, I stayed up for weeks (lots of lost sleep) reading about what to do. I found this website and did a lot of reading through old threads, searching around, more and more reading. I decided to go the route of doing an MTC private contractual arbitration and stay the proceedings in court. I read that in Florida, there's multiple things one has to be aware of (and I almost slipped up a couple times but got lucky I did my research and lost that sleep hahah). I realized if I submit a response in Florida, I (in short) waive my right to demand contractual arbitration afterwards or at the same time/etc. Reading into arbitration, it seems like my pay is very low, 250-300$ or so? Compared to their thousands of dollars. I figure they will maybe want to settle for a small amount at that point, or possibly just be willing to drop it for nothing (that'd be nice but I don't expect them to? idek...). The amount is about 4800$--$4900 they claim I owe them, and their serving documents only present a copy of an account summary with my name on it and claimed money owed to a different company, not cavalry. I could've (or anyone for that matter could've) picked that out of someone's trash, or mailbox, or found a leaked document online, etc. That doesn't prove to me I owe them a penny, so this is all just silly to me that they don't even show proof of purchase/etc. and get this far. Anyways, regardless of how much I wanted to deny their allegations, deny I have any knowledge of who this company even is, they're just suing me saying I owe them $$$$. I decided it best to go the arbitration route per what just about everyone seems to recommend in these cases, for these types of amounts... I'm self-representing myself, so I'm just a bit nervous, never having done this before, or been trained in this in any way by anyone (except some of the excellent information I was able to find from users on this website!). ** 1st Court visit: I show up, they ask us all to go out in the hall and wait on them to come out and negotiate with us, they don't mention any other options. I ask the sheep herder who gave the command if it is a requirement to go out into the hallway and speak with them. He said no, it isn't a requirement. I said ok, that's great then, and sat back down. I waited a few while they did some other stuff, then the judge finally called me up as the attorney guy went up too so I stood next to him, figuring that was proper to do (not even sure lol). I forget what judge said, but she seemed to be talking directly to me, and looking directly at me, and I believe it was my turn to respond, and so I did, and I mentioned I had recently (I submitted my MTC Arbitration very early-on, weeks before the 1st pre-trial date) submitted the MTC private arbitration. She quickly mentioned that she did review that and realized she's already set a hearing date for my MTC Arbitration. She confirms I can leave, the attorney goes "so no resolution today" to judge, who says "yes, no resolution today.". Attorney bids me a good day, I smile and walk away saying nothing (I'm not fans of these JDB guys and those that represent them or the fact this is legal at all to do to US Citizens), enjoying the rest of my day off work at the bar down the street. It was odd too, the paper I received seem to highlight a female attorney who would be representing Cavalry as assignee of Synchrony bank, but it wasn't a woman, it was a male instead. I guess they can just switch out with whoever they want whenever they want. Rules for me, but not for them I suppose. I know I could do more reading, but the hearing date is coming up on Monday, and I'd like to know if there's any advice. With the next court date being in 2 days from now on 2/19/2024, I'm a bit nervous and would like any advice on how to carry myself/what to say during the hearing if anyone has any advice to be given. From what I recall I need to demand arbitration, basically reiterate what my paperwork, my MTC Arbitration states. If it ends up necessary, perhaps I'd need to quote the arbitration clause directly itself, if the judge were to allow me to do so of course (no clue if that's allowed haha I'm no expert at all). I'd like to add I did follow everything to the book, to my knowlege... I included my General Florida Affidavit document, notarized with a sworn statement from myself that the attached CC agreement (Lowes advantage CC agreement got from the CFPB website) According to what I read, my sworn affidavit will make it to where if they wish to deny what the contract governing their complaint says, they have to prove it, which would require something along the lines of them obtaining a witness of sorts of sworn statement from synchrony bank/lowes or something like that. Which most wont, or simply cannot, do, from what I've read. So I did that to add the extra umph!! to my MTC Arbitration and prevent holes from potentially being poked in it by their attorneys or something. I also (certified mail to plaintiff attorney; hand-delivered to courthouse myself the same day I mailed to plaintiff) mailed a copy of my MTC Arbitration documents, the MTC itself, the FL General Affidavit, and the copy of the lowes advantage CC agreement with the arbitration clause present in it (I included the full agreement, a few pages or so). This was included as 'Exhibit A', while my notarized affidavit was incorporated as 'Exhibit B'. Per the arbitration clause, which I've also attached a clipping of, it appears to sound that the judge should definitely be moving this case to private contractual arbitration based off the fact I'm demanding it, and have presented the contract their complaints arise from. If they ask me about how I knew it was Lowes Advantage CC / if I've ever had that card with Syncrony /lowes. I would plan to say "I'm not sure to be honest, I don't remember, but I do know I've definitely never don't business with a company named Synchrony Bank, nor have I done business with an entity called Cavalry in the past. I have done business with a company named Lowes before." Or maybe I should just stick with "I don't know, I'm not familiar with any of these company's" to keep it short. But I am familiar with Lowes haha When I got the Lowes card, they never once mentioned it was through Syncrony bank, they mentioned it was through Lowes. They called it 'Lowes Credit Card' but it's "Lowes Advantage Credit Card". But I digress. I'll hope to hear some advice or at least support. I know I shouldn't be nervous, but I am. I've been to court so much in the past 2 years, and right when all that ended, a week later, this happens.... So this has been quite a ride hahah My apologies if my typing/structure was all over the place here. Appreciate any advice! I also hope my information may possibly help others in this situation in Florida, since Florida seems to not have as much information in one spot about it (from my research).
  2. Hi everyone, thanks in advance for your help. My deadline is roughly 48 hours from now ? I'm interested in hearing your advice on my situation... Debt collection suit. Balance is $921.19 ($425 of which are late fees and interest, accrued prior to charge-off). As far as I know, Bloomingdales (Dept. Store National Bank) sold to Cavalry and Cavalry hired Nelson & Kennard (N&K) to collect. I received one letter from N&K in Dec. 2020, which I just opened. I have USPS Informed Delivery so I get emails of scanned images of my mail everyday. I saw it there. I didn't see anything from Cavalry - that doesn't mean it wasn't sent. I didn't reply obv. to the N&K letter which looks like a legit attempt to validate the debt. It includes the charge-off creditor, the charge-off account number, the current creditor, the current balance, and Nelson & Kennard's File No., and the 30-day offer for me to dispute the debt; ref. to Rosenthal Fair Debt Collection...; an offer to request additional info from Cavalry; and lastly the CCPA clause. Still, I found a few discrepancies I can contest in my answer, but I'm wondering if given the low amount of the total, it's even worthwhile filing an answer. It may be less expensive to not engage any further court fees for either side... it's $225 for me to file an answer and I think it was $320 for him to file the complaint. Here are some facts: I was served legally, at my home The papers I was served with include the following: Summons; Civil Case Cover Sheet; Complaint; Cert. of Mailing; Civil Case Cover Sheet Addendum and Statement of Location; Notice of Case Assignment; Order to Show Cause Hearing / Case Management Review; "Filing and/or Process Service Instructions" on top The Complaint has 24 paragraphs Header 1 entitled: Preliminary Allegations #1 - references Section 474 of the Code of Civil Procedure...fictitious defendants DOES do most people "agree" or "deny" or "don't know" to this one? The "Proof" they included isn't great... #6 - references Section 1788.52 of Civil Code to introduce his Exhibit A, a Bloomingdale's credit card statement from May 2017 #15 - states, "defendants were indebted to charge-off creditor...as...stated in writing...attached hereto as Exhibit B,..." a Bloomingdale's credit card statement from Jan 2018 both bills are addressed to my previous home address (like 3 moves ago) both bills identify the account no. Exhibit A identifies: last payment: $186.00 on May 14, 2017 Apr 24, 2017 ... LATE FEE REVERSAL -$25.00 Apr 24, 2017 ... LATE FEE REVERSAL -$37.00 Exhibit B identifies: Dec 20 ... LATE FEE $37.00 Total Fees for this period $37.00 Dec 24 ... INTEREST CHARGE ON PURCHASES $19.38 Total Interest for this period $19.38 2017 Totals-Year-To-Date Total Fees $286.00 Total Interest $173.52 *My "proof" a 2017 transunion credit report that shows this account was charged-off in Dec. 2017; this contradicts a statement in the complaint that suggests my current address, the one in which I was served, is the one the credit owner had on file "prior to sale of the charged off account" - this is incorrect and easy to prove i also found an email from bloomingdales, May 2017, that documents a late fee reversal in the amount of $25 (like above) on May 17, 2017 but the account number is different than the one referenced in the bill the plaintiff includes here... can I use this to indicate there's a good chance he has the wrong information or that Bloomingdales made an error? lastly, i haven't seen any proof cavalry owns this debt. i haven't seen any proof N&K have been enlisted to collect this debt . i don't recall if this debt is legitimate without an itemized recount of the expenses, so I can't say with certainty it is mine... First Cause of Action (Account Stated); Second Cause of Action (Money Lent) "WHEREFORE, plaintiff prays for judgement against Defendants, and each of them, jointly and severally as follows: FOR THE FIRST CAUSE OF ACTION: (1) Damages in the sum of $921.19; (2) Costs of Suit and; (3) Such other relief as the Court may deem just and proper. FOR THE SECOND CAUSE OF ACTION: (1) Damages in the sum of $921.19; (2) Costs of Suit and; (3) Such other relief as the Court may deem just and proper. (does this mean I'm being sued for $921.19 x 2?) Signed by Attorney. Last page: signed Verification "delcares under penalty and perjury of the law". THANK YOU!
  3. Hello guys! I am being sued by Cavalry SPV I through Gurstel Law Firm. I have been doing some research on how to go about this and I was wondering if anyone can provide me with more information on how to fight and win this lawsuit. The complaint provided is quite vague and it really just states that I owe Calvary $1252.56 but does not have any other supporting documents. It would be greatly appreciated if I could get some guidance ! 1. Who is the named plaintiff in the suit? Calvary SPV 1 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Gurstel Law Firm 3. How much are you being sued for? 1252.56 4. Who is the original creditor? (if not the Plaintiff) Citi Bank 5. How do you know you are being sued? (You were served, right?) I was served 6. How were you served? (Mail, In person, Notice on door) front door, summons given to my mom 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? i believe they sent me the 30 days noticed to verify the debt but I ignored it 9. What state and county do you live in? Arizona 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) between 1-2 years ago 11. What is the SOL on the debt? To find out: 6 years 12. What is the status of your case? Suit served? Motions filed? 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? No 15. How long do you have to respond to the suit? a couple of days. does it go by the date you were summoned or the date on the summon because the actually summon provides a contradictory statement. 16. What evidence did they send with the summons? No evidence
  4. Hi Everyone, I have been sued by Cavalry SPV I. LLC, as assignee of Citibank NA, over a credit card debt in the District Court. I was not served and did not receive a summons, but now I have received a Plaintiff's Motion to retain the case on the docket, that they have filed several times after notices to dismiss. Cavalry attached an old credit card statement and an affidavit of claim to the Original Petition. Please help...Really need some help and guidance on how to handle this. Also, I was sued by Portfolio Recovery Assoc., they filed through a Justice of the Peace and I filed an answer with the JP, but think I need to do something else here too, maybe? Thank you in advance
  5. I recently received Complaint from attorneys of Cavalry SPV 1 containing a falsified credit card statement. The most glaring tip off is that the alleged monthly “account summary” contains columns of figures with misaligned decimal points. Citibank statements would not contain this ham handed mistake. Otherwise the statement appears believable upon a cursory look. Any idea how to establish this seemingly obvious yet difficult to substantiate falsification?
  6. I have been searching through the NYS Supreme Court's website, especially the section aimed at pro se litigants and debt issues, and it seems that the court does not handle cases in which the plaintiff is seeking less than $15,000. Cavalry SPV is suing me for a little less than $5k. Could I ask the court to dismiss on the grounds that the suit was filed in the wrong court? I'd appreciate advice from anyone who has knowledge of NYS Supreme Court procedures.
  7. I won a motion to vacate a judgement against me filed by Cavalry SPV I, and the court ordered that an answer be filed within 30 days. I assume that they mean that I have to answer the original summons & complaint. Is this correct? If so, I need some advice on how to go about that. The original summons & complaint says that Cavalry is the owner by assignment of the debt they are trying to collect, but does not state who the assignor is, or even an acct. # or date of alleged default. It just states an amt. owed, that payment was demanded, and payment was not received. How do I answer something so vague?
  8. I need some advice. I was sued by Cavalry SPV I LLC represented by Suttell Hammer and White from Bellevue, WA. I called Suttell Hammer and White and agreed on a debt settlement amount. I sent them a debt settlement agreement letter but according to Suttell Hammer and White account manager that they don't sign consumer letters because it's not in their policy to sign them. I received their offer letter but my question is, is it enough to satisfy the settlement and withdraw the current lawsuit and future lawsuits against me?
  9. Cavalry SPV I, LLC is suing me. A Civil Suit was filed against me (and my wife on a similar but unrelated case) in Hamilton County, Indiana on November 13, 2013 for which I submitted Answers and Affirmative Defenses on December 3, 2013. I received a Request for Interrogatories and Admissions about two weeks ago. My mail was forwarded to my current address as I have been out-of-state caring for a sick father. The Certificate of Service is dated December 27, 2013. Included was a cover letter and disc (pursuant to Indiana Trial Rule 26(A)). Please find the information filed with the court, a list of submitted documents, and my first attempt at answering Interrogatories #1-6. I will post Admissions #1-10 under a separate topic. I am fairly sure that I answered Interrogatories #1-4 correctly. I am uncertain about #5&6. I could really use reassurance and assistance. Thank You in Advance, Hoosier46060 PLAINTIFF’S FIRST SET OF INTERROGATORIES TO DEFENDANT Comes now plaintiff, Cavalry SPV I, LLC As Assignee of, Bank of America/FIA Card Services, N.A., by counsel, pursuant to Rule 33 of the Indiana Rule of Trial Procedure, and propounds the following interrogatories to the defendant, Hoosier46060, and requests the same be answered separately and in writing, under oath, within thirty (30) days from the date of service hereof and that a copy of the same be served on the attorneys for the plaintiff, Indiana Law Firm, 123 Address Road, Suite 456, City, Indiana, 46xxx. INTERROGATORY NO. 1: Provide your full name, last four (4) digits of your social security number and date of birth. ANSWER: The Defendant’s full name is Hoosier46060. Objection to the balance of the interrogatory on the grounds that it is personal, confidential and private. The requested information is not relevant to any issue in this case and not calculated to lead to the discovery of relevant evidence. INTERROGATORY NO. 2: Did you have a revolving charge account (credit card) with Bank of America/FIA Card Services, N.A.? ANSWER: Defendant cannot identify the information requested as the request is too broad and the information requested is not within the answerer’s personal knowledge or records. INTERROGATORY NO. 3: Did the revolving charge account (credit card) with Bank of America/FIA Card Services, N.A. have a number of xxxxxxxxxxxx9554? ANSWER: Defendant cannot identify the information requested as the request is too broad and the information requested is not within the answerer’s personal knowledge or records. INTERROGATORY NO. 4: Did you use the revolving charge account (credit card) with Bank of America/FIA Card Services, N.A. to purchase goods or services, or obtain cash advances? ANSWER: Defendant cannot identify the information requested as the request is too broad and the information requested is not within the answerer’s personal knowledge or records. INTERROGATORY NO. 5: Did you ever dispute, in writing, owing any amounts to Bank of America/FIA Card Services, N.A., as it pertained to charges on the revolving charge (credit card) referred to above? If your answer to this Interrogatory is “yes”, attach a copy of every written dispute to your answers to these Interrogatories. ANSWER: Defendant cannot identify the information requested as the request is too broad and the information requested is not within the answerer’s personal knowledge or records. INTERROGATORY NO. 6: State the date and amount of every payment you have made since the date of charge-off, said date being 11/03/2010. RESPONSE: Defendant cannot identify the information requested as the request is too broad and the information requested is not within the answerer’s personal knowledge or records. Respectfully submitted, INDIANA LAW FIRM 123 Address Road, Suite 456 City, Indiana, 46xxx (123) 456-7890 Attorney for Plaintiff Certificate of Service The undersigned certifies that service of the foregoing pleading or document has been made by: _ Delivering it, via hand delivery or courthouse mail X Depositing it in the United States mail, postage prepaid on the 27 day of December, 2013, to the following named persons: Hoosier46060, 123 Address Ct., City, IN 46xxx Signed by Attorney for Plaintiff Attached Document List: Bank of America Statement dated July 9 – August 6, 2010 (3 pages) Bank of America Statement dated October 7 – November 5, 2010 (3 pages) Credit Card Agreement (44 pages)
  10. In a similar and previous post, I stated that Cavalry SPV I, LLC is suing me. I received a Request for Admissions about two weeks ago. The Certificate of Service is dated December 27, 2013. As stated in my previous post, my mail is currently being forwarded to an out-of-state address as I have been caring for my sick father. Included was a cover letter and disc (pursuant to Indiana Trial Rule 26(A)). Please find the information filed with the court, a list of submitted documents, and my first attempt at answering Admissions #1-10. Once again, I could really use reassurance and assistance. Thank You in Advance, Hoosier46060 PLAINTIFF’S FIRST REQUESTS FOR ADMISSIONS TO DEFENDANT(S) The defendant, Hoosier46060, is requested to admit the truth of each of the statements or facts hereinafter stated, or that each of the documents attached hereto, an as marked, are genuine. A. This request is made in pursuant to Rule 36 of the Indiana Rules of Trial Procedure and each of the matters of which admission is requested shall be deemed admitted, after the expiration of thirty (30) days, unless your statement in compliance with such rule is timely made. If you do not admit each of such statements, you must specifically deny each one not admitted or set forth in detail the reasons why you cannot truthfully either admit or deny each such matter. B. Your signed, written answers must be served upon the undersigned attorney of record for plaintiff within thirty (30) days after delivery proof. C. If you fail or refuse to admit the truth of any such statement of fact and the plaintiff thereafter proves the truth thereof, you may be required to pay the reasonable expenses incurred in making such proof, including attorney’s fees. D. If, in response to any of the following statements, it is your position that the statement is true in part or as to some items but not true in full or as to all items, then answer separately as to each part or item. ADMISSIONS 1. You owned a revolving charge account (credit card) with Bank of America/FIA Card Services, N.A.. RESPONSE: DENIED. Defendant lacks sufficient information and belief in order to admit or deny this request and on that basis denies same. Plaintiff has not proven the account is owed by Defendant. Defendant has denied liability for the account. 2. The revolving charge account (credit card) with Bank of America/FIA Card Services, N.A. had a number of xxxxxxxxxxxx9554. RESPONSE: DENIED. Defendant lacks sufficient information and belief in order to admit or deny this request and on that basis denies same. 3. You contracted for and received credit from Bank of America/FIA Card Services, N.A., on the terms set forth in the document or documents attached hereto. Each document attached to these requests is an authentic copy of an original. These documents are as follows: a. Bank of America statement, account ending in 9554, Payment Due Date: 09/04/10, 3 pages b. Bank of America statement, account ending in 9554, Payment Due Date: 12/4/10, 3 pages c. Credit Card Agreement, 44 pages RESPONSE: DENIED. 4. The revolving charge account (credit card) with Bank of America/FIA Card Services, N.A., referred to above, was opened on 11/27/2006. RESPONSE: DENIED. Defendant lacks sufficient information and belief in order to admit or deny this request and on that basis denies same. 5. The revolving charge account (credit card) with Bank of America/FIA Card Services, N.A., referred to above, was charged-off on 11/03/2010. RESPONSE: DENIED. Defendant lacks sufficient information and belief in order to admit or deny this request and on that basis denies same. 6. You last made a payment on the revolving charge account (credit card) referred to above on 08/05/2010. RESPONSE: DENIED. Defendant lacks sufficient information and belief in order to admit or deny this request and on that basis denies same. -or- On the grounds that after reasonable inquiry the information known or readily obtainable is insufficient to accurately respond to this request. Plaintiff's complaint is utterly devoid of any factual information regarding the alleged debt and any agreement giving rise to the alleged debt. Defendant is unable even to identify the debt alleged in the complaint, much less provide the information requested in this request for admissions. Defendant reserves the right to supplement answer to this request for admissions after plaintiff complies with its obligations under the Code. Based upon the foregoing, Defendant responds as follows: DENIED. 7. As of this date, you do not have any evidence of a payment made since the date of the charge-off, said date being 11/03/2010. RESPONSE: DENIED. Defendant lacks sufficient information and belief in order to admit or deny this request and on that basis denies same. 8. You used the revolving charge account (credit card) with Bank of America/FIA Card Services, N.A. to purchase goods or services, or obtain cash advances RESPONSE: DENIED. Defendant lacks sufficient information and belief in order to admit or deny this request and on that basis denies same 9. You never disputed in writing, any charges on the revolving charge account (credit card) with either Bank of America/FIA Card Services, N.A. or plaintiff. RESPONSE: DENIED. Defendant lacks sufficient information and belief in order to admit or deny this request and on that basis denies same. 10. You agree that you owe the plaintiff the amount alleged in the complaint that was filed on 10/24/2013. RESPONSE: DENIED. This statement calls for admission of matter defendant has denied and thus it is improper. Defendant denies owing this amount or any other amount due on the alleged account and has denied all allegations of plaintiff's complaint. Respectfully submitted, INDIANA LAW FIRM Signed by Attorney for Plaintiff 123 Address Road, Suite 456 City, Indiana, 46xxx (123) 456-7890 Attorney for Plaintiff Certificate of Service The undersigned certifies that service of the foregoing pleading or document has been made by: _ Delivering it, via hand delivery or courthouse mail X Depositing it in the United States mail, postage prepaid on the 27 day of December, 2013, to the following named persons: Hoosier46060, 123 Address Ct., City, IN 46xxx Signed by Attorney for Plaintiff Attached Document List: 1. Bank of America Statement dated July 9 – August 6, 2010 (3 pages) 2. Bank of America Statement dated October 7 – November 5, 2010 (3 pages) 3. Credit Card Agreement (44 pages)
  11. I have court coming up soon (5/15). I'm being sued for Account Stated and Money Lent. From what I see the JDB is using boiler plate lawsuit. I have received as evidence a couple of CC statements, no original contract, a bill of sale from BOFA to Cavalry, but my cc not listed in the bill of sale... I did receive a text file containing cc data (supposedly from the sale). I did Debt validation, got the above, I answered their interoggatory and request for docs, and submitted my own. I thought they would drop out by now... No such luck. Then I also get notice that I'm being moved to another courthouse... much further away (I'm in CA, part of the court consolidation). I need to prepare a trial brief. I've not received one yet from the plaintiff. How do I start?
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