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Found 9 results

  1. 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
  2. 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
  3. 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?
  4. 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.
  5. 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?
  6. 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?
  7. 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)
  8. 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)
  9. 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?