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Found 41 results

  1. Hello All, I found this wonderful site quite some time ago, and I have learned a lot of valuable information. I have been working on trying to clean up past credit issues from a difficult time the wife and I went through. However I have recently received a summons and complaint on an alleged account that we haven't cleaned up yet. So my intention are to answer the complaint with a general denial, as it does not appear to be a verified complaint, and send off a BOP then a meet and M&C letter when they respond with junk to my BOP. Or do you think that there is something else I should do off the bat? 1. Who is the named plaintiff in the suit? Cavalry SPV as assignee of Synchrony Bank FKA GE Capital Retail Bank 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Winn 3. How much are you being sued for? More than 4K less than 5K 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?) Served 6. How were you served? (Mail, In person, Notice on door) In Person 7. Was the service legal as required by your state? Yes 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? Got collection letters in the mail from Cavalry and the intent to sue letters from Winn 9. What state and county do you live in? San Diego County California 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Around Feb of '16 11. When did you open the account? (looking to see which agreement/contract may be applied) 2006? 12. When did you open the account (looking to establish what card agreement may be applicable)? 2006? 13. What is the SOL on the debt? To find out: 4 Years Statute of Limitations on Debts 14. 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). Served 15. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No 16. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request before being sued, it likely won't help create FDCPA violations, but disputing after being sued could be useful to show the court that you dispute the debt ('account stated' vs. 'breach of contract'). No 17. How long do you have to respond to the suit? 30 days, by 7/24. (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.1) account stated 2) money lent Did you receive an interrogatory (questionnaire) regarding the lawsuit? No. Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits 18. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. They included the 3/16 statement as exhibit A 19. Read this article: I have Sued by a Debt Collector - Learn How to Fight Debt Lawsuits
  2. Hi Everybody, I am being sued by Cavalry SPV I, LLC for a Citibank credit card account I defaulted on while I was having a very rough few years (depression, divorce, joblessness, underemployment, homelessness, loss of family member, etc.). Things have turned around since - credit score recovering and thankfully, never had to file bankruptcy. I believe in paying back my debts but Citibank got too greedy and lost me. Had their terms not have kept changing, they'd probably still be reaping the minimum payments off me (that is, of course their whole purpose as an institution?). I had gotten the card while in college to use for emergencies and to build credit. I used the card for about 9 years, usually paying it off entirely but occasionally racking up a big debt following a vacation, for instance, or when I had to buy a new computer, buy a suit for a wedding, etc. I should have known better than to just make the minimum payments on it as the debt never got any smaller. They got greedy and hiked the interest rate from its initial 11.99% or 14.99% to 29.99% suddenly, which was a shock as I had never been late on a payment and was always utilizing below 50% of my limit. I called to see if they could lower it but their response was "that's just how it is - but we can reduce it to 27.99% for a month since you're a valued customer etc". This happened about 3 times. My wife and I separated and I moved back to California where I changed careers and started working freelance resulting in unreliable income and sleeping on couches. My income became too scant to make those minimum payments. After 9-ish years of always paying on time, I defaulted one month. I called Citibank and asked if I could postpone the $250 min payment for a month due to financial difficulty and they simply said no. An overdue paycheck finally landed and I was ready to make that minimum payment but when I logged in to do so, the minimum payment had now jumped to $600 (late fee and previous minimum payment). I defaulted another month and again when I got paid and was keen to make a payment the new minimum had jumped again to a figure that was even further out-of-reach. I called Citibank to see about options I had - whether I needed to close the account or create a repayment plan but they wanted a huge chunk right upfront to even initiated something, plus a commitment to pay another large chunk the next month. I was effectively buried. And meanwhile they kept adding late fees and accruing interest. The amount owed ballooned to a figure nearly double what I had ever spent on the card in the first place. Had I been smarter, maybe I would have tried to get a loan with lower interest to pay off the account or something but the priority of this Citibank thing began to be lower as I started facing some other real problems. It's all been a very valuable lesson on interest rates and credit cards and it's unfortunate I wasn't able to keep paying it before they sent it to collections. Cue the sad violins. I've been reading tons of posts and am hoping to beat this. Here's my answers to the standard questions - I hope to get all my questions answered as well as keep you all posted on how I do... 1. Who is the named plaintiff in the suit? Cavalry SPV I, LLC, as Assignee of Citibank, N.A. 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Mandarich Law Group, LLP. 3. How much are you being sued for? ~$8,500. 4. Who is the original creditor? (if not the Plaintiff) Citibank. 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) 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? None. 9. What state and county do you live in? Los Angeles, CA. 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 3 years, 4 months ago. 11. When did you open the account (looking to establish what card agreement may be applicable)? 2006. 12. What is the SOL on the debt? To find out: 4 years. 13. What is the status of your case? Suit served? Motions filed? "Pending" 14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No. 15. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request before being sued, it likely won't help create FDCPA violations, but disputing after being sued could be useful to show the court that you dispute the debt ('account stated' vs. 'breach of contract'). No. 16. 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. Did not receive an interrogatory. Here's what they are claiming: Cavalry is the owner of the debt I owed to Citibank and I have to pay them. 1. The damages and money in the sum of [$8,500]; 2. Cost of suit incurred; 3. Other such relief as the Court deems just and proper; 4. Plaintiff remits all damages in excess of the jurisdictional amount of this Court. 17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Just statements. Just statements from the OC. Exhibit A: Account Stated (a statement from when I first defaulted); Exhibit B: Open Book Account (a statement from a few months later) That's it. 18. How did you find out about this site? Googled "Sued by Cavalry SPV" After reading a lot of threads, I'm planning on doing a General Denial and asking for BOP. Just wondering, anybody else that is dealing with this (or has before) what did you put on your General Denial form?
  3. Hello, I just received a summons from Cavarly. I would like some advice on how to proceed. I read some old posts regarding filing a motion to dismiss and/or an answer. I would like to see if those older posts from a few years ago still apply in Michigan. Please advise. I appreciate all the help. Thank you.
  4. 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.) NY Law Firm 3. How much are you being sued for? Just under $2500 4. Who is the original creditor? (if not the Plaintiff) Citibank N.A. 5. How do you know you are being sued? (You were served, right?) Received Summons in the mail, was not served. 6. How were you served? (Mail, In person, Notice on door) Mail 7. Was the service legal as required by your state? I don’t think it was. I got a hold of the Affidavit of Service and it states that they made one attempt to serve me, at a time when it can be reasonably assumed i was at work (i was), and apparently they left it with a John Doe, a male Co-resident. my only co-resident is my girlfriend. they also describe the door/ wall/ floor and its totally off. they have either made a mistake and delivered it to the wrong house or never bothered to do it in the first place and just filled in nonsense on the affidavit. 8. What was your correspondence (if any) with the people suing you before you think you were being sued? no correspondence 9. What state and county do you live in? New York, Kings County 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Mid 2013 (i have a few months before i'm outside the SOL) 11. What is the SOL on the debt? 6 years (NY) 6 years (S Dakota, where Citibank is incorporated) 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? (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? I have a few more weeks to respond, based on the date the Affidavit of Service was filed. I'm planning on getting all my ducks in order and answering next week. they allege the following: Paintiff is JDB Plaintiff is the purchaser of account Defendant is Me On date, Plaintiff purchased debt that Defendant is obliged to pay Defendant and OC entered into agreement wherein he received credit Defendant agreed to pay said credit Defendant failed to make payments Payment has been demanded and remains unpaid Plaintiff has suffered damages for XX amount. Wherefore plaintiff asks judgment for xx amount with interest from the date of any judgment granted and all costs and disbursements of this action and any further relief the court deems proper. i have not received an interrogatory questionnaire. 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. 2 pages from Last Statement from OC ——————————————————————————— I was hoping to use the arbitration strategy to fight this suit but i’m starting to suspect that it might not be applicable in my case. any advice on how to move forward would be appreciated! so my concern is the “small claims” limit on arbitration in the Citibank credit card agreement: "Arbitration limits • Individual Claims filed in a small claims court are not subject to arbitration, as long as the matter stays in small claims court." My suit is filed in the Kings county CIVIL COURT, at first i was hoping that this was different from a small claims court but i think it might be the same thing. “The Civil Court of the City of New York has jurisdiction over civil cases involving amounts up to $25,000 and other civil matters referred to it by the Supreme Court. It includes a small claims part for informal dispositions of matters not exceeding $5,000 and a landlord and tenant/housing part for landlord-tenant matters of unlimited amounts and housing code violations.” Has anyone here from Brooklyn been able to successfully get an MTC arbitration? Does this mean that arbitration is a no-go? Any other ways for me to fight this? the only other chink in the JDB’s case i’m seeing is the fact that they haven’t served me properly. I’ve seen lots of cases with judgements being dismissed in appeals court for bad service/ lack of due diligence ect, but can this be used to get the case dismissed from the start? it seems like they can just ask the court to give them another chance to serve me properly. Is it a very terrible idea to let a default judgment be made and then appeal to have the judgment vacated for bad service? could they sue me again after that for the same debt if i’m successful in having it vacated, would the SOL still be tolled at the current date if they did that or is it possible that by then i would be outside the SOL? Also Kings County Civil Court is not yet open for e-filing, does this mean i need to hire a process server to serve the answer to Grossman & Karaszewski? or is filing with the Court Clerk enough? i've tried looking for legal counsel but people are hesitant to take me on because of the low amount of debt. it doesn't seem to make much sense financially for me, they are all advising me to settle if possible, so at the end of the day im either paying money to the JDB or the JDB + layer, it comes out to about the same if they can settle or more if they cant. thank you for your time!
  5. 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
  6. In question is a debt of $12,000 from an old Citibank card charged off July 2012, junk collector Cavalry SPV is now pursuing me. Case is ongoing in my municipality in Ohio. I have answered all of their requests and interrogatories and attended a pre trial conference May 2. I believe I caught them offguard as they assigned a new local lawyer that very morning. At the Pretrial I denied everything and the Cavalry Lawyer kept badgering me for my birthdate and social security, I simply stated you guys should already have this and know who I am. Long story short, the Judge asked Cavalry as to where is the signed contract? The Cavalry attorney pulled out 100’s of pages of statements, 4 years worth showing my name. The Judge smirked and asked, again, where is the signed contract to show the defendant is the owner, the Cavalry Attorney sat silent. To which the Judge scheduled yet another pre-trial in June. Being a novice pro se, I immediately the next day filed a request for production, the first request was to “produce any credit application signed by the defendant”. Today I did indeed receive a response to my request that states, “Objection the request calls for the production of documents in excess of the two year record retention period set forth in CFR 226.25 Plaintiff states that it is not in possession of any document which may be responsive to this request.” So now my question is, do I wait for the next pretrial and see what the Judge says, or in the meantime file a more definitive motion? Their evidence is 4 years of credit card statments from 2008-2012. Card charged off July 2012. I highly doubt they are in possession of any signed contract, whether it be physical or electronic. What is the best course of action?
  7. The pre-trial meeting for a debt collection is coming up shortly and the attorney for Cavalry SPV has provided the discovery, which includes the following: As per the suit, the Citibank account was opened in 2006 1.) EXHIBIT A: A typewritten cover page (no letterhead) with only the last four digits of the credit card account, dated 5/8/2016 and an address that I have never used for any financial account (This address also does not match the statements they provided). 2.) Exhibit B: They provided a generic credit card agreement, which is dated July 2013. Note: The account was opened in 2006 3.) Exhibit 😄 Cavalry provided a copy of a letter they stated was sent to me in October 2017 ....I have no record of this letter. 4.) Exhibit 😧 Cavalry provided a data drop, which shows the account number and a lot of other details, which would not make sense to someone who does not know the coding, but what I pulled from the report was: A) Application date: 2006 B.) Signature Indicator = Y C.) Electronic Signature = N D.) Two other account numbers were stated in the data file, as well. 5.) Exhibit E: This exhibit included the Assignment from Citibank NA to Cavalry. A.) The Affidavit of Sale states 'On or about March 30, 2017, CBNA sold a pool of charged off accounts. B.) Affidavit of Sale was signed: April 12, 2017 (C.) Bill of Sale was dated: March 30, 2017 (D.) Purchase and Sale dated: 3/28/17 (E.) Bill of Sale further states: 'Accounts described in Exhibit 1' Note: I received Exhibit 1, which states a Purchase date of 8/1/2017 ****I live in Massachusetts and the debt collection regulations are as follow: 940CMR 7: If the debtor, or any attorney for the debtor, notifies the creditor in writing within the 30-day period described in 940 CMR 7.08(1), that the debt, or any portion thereof, is disputed, the creditor shall cease collection of the debt, or any disputed portion thereof, until the creditor verifies the debt and provides the debtor, or any attorney of the debtor, by first class mail, the following materials: (a) All documents, including electronic records or images, which bear the signature of the debtor and which concern the debt being collected; (b) A ledger, account card, account statement copy, or similar record, whether paper or electronic, which reflects the date and amount of payments, credits, balances, and charges concerning the debt, including but not limited to interest, fees, charges or expenses incidental to the principal obligation which the creditor is expressly authorized to collect by the agreement creating the debt or permitted to collect by law; (c) The name and address of the original creditor, if different from the collecting creditor; and (d) A copy of any judgment against the debtor. Pursuant to 940 CMR 7.08(2), the creditor must provide those materials described in 940 CMR 7.08(2)(a) through (d) which are in the possession, custody or control of the creditor. If the creditor does not possess, have custody of, or control the materials described in 940 CMR 7.08(2)(a) through (d), the creditor shall cease collection of the debt until the creditor has made reasonable efforts to obtain the necessary information and provide this information to the debtor. https://www.mass.gov/files/documents/2017/09/13/940cmr7.pdf Question 1: Based on 940CMR 7 above, 'Section (a) All documents, including electronic records or images, which bear the signature of the debtor and which concern the debt being collected' DOES THIS MEAN THE CREDITOR NEEDS TO PROVIDE ME WITH A SIGNED ITEM, in order for this to be a valid lawsuit? Question 2: Since the date of the Bill of Sale states a purchase date of March 30, 2017 and their Exhibit 1 states a Purchase date of 8/1/2017; is the suit invalid? Question 3: The attorney for the debt collector sent me a pretrial memorandum. I am not 100% sure how to complete the memo, since they want me to consolidate it into one memo. Do I provide them with my findings above or just state that the validation of debt is invalid? I really hope someone can help me with this. I have to get the memo back to the plaintiff on Monday. Thank you in advance.
  8. In question is a debt of $12,000 from an old Citibank card, junk collector Cavalry SPV is now pursuing me. I have answered all of their requests and interrogatories and attended a pre trial conference May 2. I believe I caught them offguard as they assigned a new local lawyer that very morning. At the Pretrial I denied everything and the Cavalry Lawyer kept badgering me for my birthdate and social security, I simply stated you guys should already have this and know who I am. Long story short, the Judge asked Cavalry as to where is the signed contract? The Cavalry attorney stated here is 100’s of pages of statements, 4 years worth showing plaintiffs name. The Judge (luckily a notorious anti-junk debt judge) again, smirked and asked, again, where is the signed contract to show the defendant is the owner, the Cavalry Attorney sat silent. To which the Judge scheduled yet another pre-trial in June. Being a novice pro se, I immediately the next day filed a request for production, the first request was to “produce any credit application signed by the defendant”. Today I did indeed receive a response to my request that states, “Objection the request calls for the production of documents in excess of the two year record retention period set forth in CFR 226.25 Plaintiff states that it is not in possession of any document which may be responsive to this request.” So now my question is, do I wait for the next pretrial and see what the Judge says, or in the meantime file a more definitive motion ? Their evidence is 4 years of credit card statments from 2008-2012. Card charged off in 2012. What is the best course of action?
  9. 1. Who is the named plaintiff in the suit? Cavalry SPV I, LLC 2. What is the name of the law firm handling the suit? Roosen, Varchetti & Oliver, PLLC 3. How much are you being sued for? $2,400 4. Who is the original creditor? Citibank, N.A. 5. How do you know you are being sued? Served papers 6. How were you served? 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? They contacted me by phone several times, i would just tell them i was unable to talk at the time. I believe I received mail from them also. 9. What state and county do you live in? Bay County, Michigan 10. When is the last time you paid on this account?early 2014 i believe. I tried to find OC on my credit report but it is no longer there. Though while looking i noticed that Cavalry reported tat my balance went down 100 bucks last month... strange 11. What is the SOL on the debt? 6 years 12. What is the status of your case? Suit served? Motions filed? Summons and Complaint served, need to file response this week. 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? Did you receive an interrogatory (questionnaire) regarding the lawsuit? only have a few days left 16. What evidence did they send with the summons? A very vague bill of sale from Citibank to Cavalry , no acct specified, an Asset Schedule that shows three bulk lots with their sale id and cut off date of 9/20/16., and then the final statement from CITI showing the full balance due which is same amount they are after. There is not an affidavit attached. 1) Defendant entered into a contract with plaintiff or plaintiffs assignor, the acct #xxxx and pursuant to MCR2.113(F)(1)(b)Plaintiffs claim is based on on a written instrument which is not attached as it is in the possession of the adverse party 2) defendant defaulted under the terms and conditions of the contract 3) Plaintiff and/or its assignor completed the performance under the terms and conditions of the contract 4)That Statements were sent to the defendant detailing the amount owed on the account and defendant has failed to object to said statements. 5) The acct has been stated and/or is open between the parties 6) As a result of defendants default plaintiff claims breach of contract, open account,account stated, and/or unjust enrichment 7)The current claim amount due and owing by defendant to plaintiff is $2,4xx plus interest, cost and attorney fees. I have done a ton of reading on here, the Michigan cases in particular. I have a decent idea of my options moving forward. I am trying to decide which way should proceed. Im really leaning toward arbitration and filing MTC in Lieu of answer , but havent been able to find the cardmember agreement from when the account was still active. Im still having trouble with filing an answer if i proceed that way.
  10. A few months ago, I was contacted by Quall Cordot and Assoc. (Fresno, CA) on behalf of Cavalry for a debt from Citibank of about $7900. I requested and received debt validation documents which I am not sure are valid but they did send a packet of statements and final debt statement, etc. I sent them a settlement offer of $2000 which they responded to by asking for $4300. I am not able to raise that amount of money. So, now they have sent a letter of "intent to sue", I have not received an actual lawsuit yet but assume they will file soon since the SOL on this debt ends this October. I have also been contacted previously by two other debt collection companies regarding this debt so I think it has been bought and sold a few times. I am a bit overwhelmed and quite frankly, intimidated by my lack of legal knowledge on how to proceed. I found the Fullman firm online and am wondering whether you think now is the time to hire a law firm and if anyone here has had any experience with this firm. Any advice is appreciated, thank you!
  11. Okay! I apologize if this is a repeat. Really trying to get all my ducks in a row before I head to the courthouse tomorrow. I was served a complaint by Cavalry on Monday. I have 15 days to respond. I wish to proceed with private contractual arbitration. I am going to file my answer tomorrow. Do I NEED to file a MTC arbitration now? Or can I state my affirmative defense in my answer and wait for the plaintiff to take the next step? I am electing arbitration via JAMS as per my CC agreement. Help! The steps are so confusing.
  12. I have edited this post to include this introductory statement because there's a lot here and I feel it's important to read through this saga knowing ahead of time how it will end. You will see how much work and attention to detail I gave this case but it was not enough to come out on top. I lost in Justice Court when the Plaintiff filed a Motion for Summary Judgment (MSJ) and was unable to get the appellate court to reverse the lower court's ruling. Here is the thread for my appeal: http://www.creditinfocenter.com/community/topic/323330-arizona-lost-to-cavalry-on-msj-also-lost-on-appeal/ I have learned several things along the way. The most significant one is that in most cases, there is no "absolute" way a Justice Court judge has to rule on evidence. He can rule one way on admitting certain evidence and another judge can rule the exact opposite way. If both cases went to appeal, the appellate court can rule that neither judge committed error. To wit, winning in Arizona is mostly luck of the draw and as time marches on, good luck seems to be evermore diminishing . The reason for this is because appellate courts in AZ (and most other places) review the admission of evidence for an "abuse of discretion". This means they are not looking for a specific outcome with the admission of evidence (admitted or rejected), but instead are looking for something to indicate the judge had a basis for his decision. Furthermore, if there is nothing on the record that shows the judge had no basis for his ruling, the appellate courts usually won't assume facts that aren't there. This means the evidence itself must be lacking some fundamental element in order to have the appellate court reverse the Justice Court decision. The next important thing I learned is that there is a case here in Arizona named Parker that appeals courts have been applying to JDB lawsuits. Parker says that a witness can testify about business records even if that witness did not create the records or has no knowledge of the person that created them or the manner in which they were created. The way this is being applied to JDB lawsuits is an employee of a JDB can testify about your credit card statements even though the JDB's employee has never seen the records before reviewing them in preparation of giving her testimony. The only criteria for giving this testimony is that the testimony must state 1.) the witness is a custodian of the JDBs records; 2.) the witness has reviewed the records being introduced (and specifically identifies them); 3.) the records were incorporated into the JDBs own records; and 4.) the JDB relied on the records in its normal course of business. If all 4 of those things are present in the witness testimony (or affidavit on MSJ), the Justice Court is free to admit the evidence and the appellate court won't reverse that decision on objections of hearsay or lack of foundation. This doesn't mean the evidence admission cannot be reversed based on some fundamental defect with the evidence itself, however. Examples of this would be a date that doesn't match up with other dates or dollar amounts among the records are discrepant with no rational explanation. It's YOUR job to raise these questions with the lower court. If you don't address them with the lower court, the appellate court won't consider them on appeal. The last important thing I learned is that JDBs are now entering into 'capped legal fee' agreements with their attorneys. This means that the lawyer agrees to represent the JDB for a modest fee if the defendant does not contest the lawsuit (including defaults) and then a maximum amount the JDB will pay on contested lawsuits. In my own case the cap was set at $1,500. The lawyer submitted an affidavit that they spent over $11,000 in time, but stated that due to 'contractual arrangements' they could only charge $1,500 of that to Cavalry. The significance of this is that a few years ago, if a defendant contested the lawsuit and started running up the JDB's legal tab, the JDB would be more inclined to drop the case and walk away. Now, when they know they will spend no more than $1,500, once they reach that $1,500 limit (right around the 2-3 month mark of the lawsuit when discovery takes place), they have no incentive to back down. It will cost the JDB the same to litigate the case all the way to trial and beyond (I appealed and Cavalry never paid more than $1,500) as it would to settle the case once the cap is reached. The cautionary tale here is that JDBs (at least here in AZ) have figured out exactly what they need to do in order to keep a Justice Court decision in their favor from getting reversed. My philosophy is to do whatever you can to keep the Arizona Court System from deciding your fate on a debt collection lawsuit. At this time, the most effective way to do that is via arbitration. There is an arbitration forum here on CIC. I suggest asking for advice there. Also, here is an example of how arbitration was used in Arizona to beat a JDB: http://www.creditinfocenter.com/community/topic/326349-retired-and-being-sued-by-unifund/ Here is a Justice Court Appeals Ruling discussing the use of arbitration in debt collection cases. http://www.courtminutes.maricopa.gov/docs/Lower Court/082016/m7481002.pdf Update 12-21-2015: The CFPB smacked Midland and Portfolio Financial Services (PFS) pretty hard in a consent order earlier this year. You can read the details here: http://www.consumerfinance.gov/newsroom/cfpb-takes-action-against-the-two-largest-debt-buyers-for-using-deceptive-tactics-to-collect-bad-debts/ The reason this is significant is some of the Justice Courts here have reconsidered how they are treating Midland and PFS when consumers contest the lawsuits they bring. This is from a Justice Court case that was reversed on appeal: http://www.courtminutes.maricopa.gov/docs/Lower%20Court/102015/m7064645.pdf There have been a couple reports of the Justice Courts taking it upon themselves to reject the evidence, even when the defendant doesn't raise the issues of the CFPB findings. Of course, if you are sued by Midland or PFS, certainly address the CFPB findings when objecting to summary judgment or at trial when Midland/PFS tries to introduce their evidence. Update 04-06-2016: It seems the Justice Court appellate court has had a change of heart: http://courtminutes.maricopa.gov/docs/Lower%20Court/022016/m7204120.pdf Ok, on to my story.
  13. So I have a small claims suit against me in a few months with a JDB. Citibank is the OC and the debt is within SOL. The JDB is Calvary and I'm unsure if their validation letter is legitimate. Second, I'm unsure if arbitration is allowed in small claims for the user agreement. I only have mobile and it will not let me attach the user agreement. Any help is appreciated. I'd like to settle the debt favorably with what I have available which is about 60% of the total cost alleged. IS arbitration recommended or should I attempt negotiating with JDB?
  14. I am being sued by Cavalry SPV I, LLC as assignee of Capital One Bank. Their lawyer is Winn Law Group. For $3,700.00. Since I was never served at all by mail or at home, I submitted a Motion to Quash. The company they hired to serve me stated they served a person who is about three inches taller than I am and of a different race! I have no one who fits that description who lives or has visted my house. I believe the company that was supposed to serve the papers did sewer service (which to me means they claimed they served the papers but did not). Anyway, the judge accused me of getting the papers and being the person they described in the proof of service. I was and still am really mad about that since I know I wasn't served at all. Anyway, the Motion to Quash was denied and I was given ten days to file an ANSWER. I need all the help I can get. I was hoping to submit my answer today since I have ten days to submit the ANSWER. I might have to wait until Monday If I can't figure out exactly how to fill out the form. I would appreciate any help I can get.
  15. Missouri resident. OC were 3 credit cards. I tried to work things out a few years ago but could pay nothing. They sold the debt, a few different times. Cavalry ended up with it. I am now in a better place financially, was gathering funds and trying to prep my tax return to call and make an offer. It took longer than expected. I have since received letters from the attorney for a law firm representing them. Questions: I can sum up the questions as: “What do I do?” but more specifically….. 1- Is this when they truly become litigious, or is this another bargaining tool? 2- I don’t have the funds to pay the full amount, though I could probably come up with 60%. Do I send letters of DV to buy a little time while I attempt to scrape together more? 3- Do I go to a credit counselor and let them fight and bargain with the attorney? 4 - Do I dare attempt an offer letter to the attorney? Law firm based in Kansas City, KS but licensed in MO and KS. Will provide name of firm if helpful. Letters summarized with what I understand to be pertinent information. THANKS FOR THE HELP!!! ---------------------------------------- 1st letter: Jan 23, 2017 RE: Account balance w Cavalry SPV Cavalry account No: 111111111 (not real number) Original Creditor: Citibank, NA Creditor: Cavalry SPV The above debt has been referred to our law office….we hereby demand payment of debt (~$4500) as of Jan 23. Please direct all phone calls, payments and inquiries to our office. You may call and ask for Jane Doe ext 123. Notice: This is a from a debt collector and is an attempt to collect a debt. Unless you notify this office within 30 days, etc, etc. (Please return this portion w/payment to: XYZ Law Group. Amount paid: $_________ ) ---------------------------------------- 2nd letter: Jan 26, 2017 RE: Account balance w Cavalry SPV Cavalry account No: 111111222 Original Creditor: Citibank, NA Creditor: Cavalry SPV The above debt has been referred to our law office….we hereby demand payment of debt (~$3900) as of Jan 23. Please direct all phone calls, payments and inquiries to our office. You may call and ask for Jane Doe ext 123. Notice: This is a from a debt collector and is an attempt to collect a debt. Unless you notify this office within 30 days, etc, etc. (Please return this portion w/payment to: XYZ Law Group. Amount paid: $_________ ) ---------------------------------------- 3rd letter: Feb 10, 2017 RE: Account balance w Cavalry SPV Cavalry account No: 111111333 Original Creditor: Citibank, NA Creditor: Cavalry SPV The above debt has been referred to our law office….we hereby demand payment of debt (~$2300) as of Jan 23. Please direct all phone calls, payments and inquiries to our office. You may call and ask for Jane Doe ext 123. Notice: This is a from a debt collector and is an attempt to collect a debt. Unless you notify this office within 30 days, etc, etc. (Please return this portion w/payment to: XYZ Law Group. Amount paid: $_________ )
  16. Recently I noticed a sharp drop in my CS (50 points) and all three CRAs showed a collection for 5900.00 by Cavalry Portfolio Services, with the OC being Citibank. It shows date of last payment as 2014, and in Minnesota I believe has a 6 year SOL. To date, I have not been contacted by Cavalry or any of their partners, that I know of. I have checked state court filings and a suit has not yet been filed. My question is: what is my first move? Should I send a DV? Should I file for arbitration? Or should I attempt a PFD? I have doubts on the amount, and believe the OC may have charged me interest and fees in violation of the SCRA when I was active duty. I have typed up a request for information/validation letter I found on the CFPB page, but after reading some posts hear, I did not send it.I am in the process of reading through these posts, this is the last derogatory on my history. Any information or assistance you could provide would be greatly appreciated. Thank you in advance for your assistance.
  17. 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
  18. Hello! I'll try to show some brevity. I have absolutely 0 legal knowledge, so please be gentle with me. I'm doing my best to research but this all very overwhelming. I thank everyone who responds for their time, patience, and answers. I live in Washington but found out through a relative that I was being sued in Ohio. I used all my money recently on a sick parent, and currently don't have funds or the time from my job needed to return to Ohio for court. I'm considering just letting them get their judgment and then paying off the judgment little by little, because I simply can't afford going back to Ohio. A bunch of letters also came in the mail, apparently, requesting to give me legal aid, but I can't even afford an attorney. Are there any other solutions? I definitely want to file an answer, but I would rather have the case held in Washington. Even then, I'm moving to California in March. Here are some answers to the general questions: The suit is filed in a Cuyahoga County Common Pleas court. 1. Who is the named plaintiff in the suit? Cavalry SPV I. 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Will get back to you. Don't have physical copy of the form. 3. How much are you being sued for? Roughly 3k. 4. Who is the original creditor? (if not the Plaintiff) Citibank. 5. How do you know you are being sued? (You were served, right?) Was told by a relative that they got a letter from Fedex. 6. How were you served? (Mail, In person, Notice on door) Fedex. 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? I live in King County, Washington now, but I am being sued in Cuyahoga County, Ohio. 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) I think 2012. Perfectly within the 6 year SOL. 11. What is the SOL on the debt? 6 years. 12. What is the status of your case? Suit served? Motions filed? It just says Active for the status and newly filed for its disposition. I can call if needed. 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) Not at all. 14. Did you request debt validation before the suit was filed? No. 15. How long do you have to respond to the suit? (This should be in your paperwork). 20 days. 16. What evidence did they send with the summons? Nothing as far as I know.
  19. Hi Everyone. This is my first post. I have no idea really where to begin but I have court at 10 am tomorrow morning 9/21 I am working on my answer under simplified civil procedure. I'd like to make sure I am answering correctly. Here is how the form (answer under simplified civil procedure) is set up:The Defendant(s)__________answer(s) the complaint as follows:1. The amount of damages claimed to be due to the Plaintiff by the complaint in this action is not due and owing for the following reasons: Defendant denies complaint due to lack of sufficient information as to the exact debt and manner of calculation, since the plaintiff has not provided verification of the alleged debt or manner of calculation, in violation of the fair debt collections practices act.2. (if applicable) The Defendant(s)___________assert(s) the following counterclaim or setoff against the Plaintiff:________________3.(If applicable) The Defendant(s)____________asserts the following cross claim against______________, named Defendant (You are limited to the jurisdiction of the Court) :_________________4. If a counterclaim is asserted above, you must check one of the following statements:_______The amount of the counterclaim does not exceed the jurisdiction of the Court (County Court filing fee required)________The amount of the counterclaim exceeds the jurisdiction of the Court, but I wish to limit m recovery to the jurisdiction of the Court (County Court fee req.)________The amounat of the counterclaim exceeds the jurisdiction of the Court, and I wish the casde transferred to the District Court (District Court filing fee required).5. The Defendant(s) does (do)____, does (do) not_____demand trial by jury. (If dimand is made, a jury fee must be paid).Place for signaturesCertificate of mailing I have inserted my answer for #1 which I basically got from the website you referred and I don't think 2, 3,or 4 are applicable. For #5, I will check "does not" demand a jury trial.Am I doing this right? Will this work for my answer for court tomorrow morning??? Please someone let me know. I am so nervous
  20. Greetings, and thank you for any help! I’ve been reading many threads on the forum about this JDB in the last few days. I know that nobody can accurately predict the future. However, I would appreciate any opinions and/or insight from anyone knowledgeable about this JDB law firm and/or California law. Recently, I received a form letter from Winn Law Group saying that they intend to pursue litigation against me in California. The alleged debt is supposedly owned by Cavalry SPV I for an amount under $10K. Apparently, it seems that this alleged debt is approximately one month short of being time-barred by the SOL. I feel that the timing of this letter is too near the SOL to be a coincidence. I haven’t replied to any communication from either Cavalry or Winn regarding this alleged debt. I understand that this is merely a form letter and not an official court document; it’s just that the verbiage of this letter seems odd to me as it doesn’t contain an offer of settlement or request to contact the JDB like other correspondents I’ve received. The letter cites the Code of Civil Procedure Section 1033(b)(2). Reading this section leads me to believe that Winn is providing notice in anticipation of filing a complaint in the very near future. I also know that JDBs like to use fear and intimidation tactics in order to get a profitable settlement. Has anyone else received one of these letters from Winn Law? If so, were you served shortly thereafter, or did nothing come of it? Am I being paranoid and premature, or should I begin researching now in anticipation of litigation? I’m currently unemployed, so I don’t have many assets, but I do have time that I can devote to defending myself. If they do file a complaint, I intend to fight all the way to trial and beyond if necessary. Also, if they do file litigation, is the complaint required to be filed in the county where I currently reside, or can they legally file in a different county? I lived in Southern California when I began having credit problems, but I’ve been residing in NorCal for the past few years. I’m concerned that they may attempt sewer service in order to get a default judgement. Sorry for the length of this post. Again, I am very grateful for any opinions and/or insight that can be provided. Thank you!
  21. So, my wages are being garnished as of my last paycheck (5/5/16). Today I got the court stuff in the mail. I know I owe money to student loan people, but I don't think this is for that. My questions are : 1) How do I find out exactly what this debt is from? The research I've done shows that Cavalry is a company that buys debts. In my case they are being represented by Machol & Johannes. 2) How do I stop the garnishment? Thanks in advance!
  22. In 2013 I was sued by Cavalry from an HSBC card I had no idea about from 2008. Only reason I even found out was I got junk mail from an attorney saying we noticed you where being sued here is our info if you need help. I was crazy confused. The week before DH left for a year long deployment the day he left, that night my father died. Basket case I was and had never had any legal issues before. I did hire an attorney and the case was dismissed with prejudice also stating a release on all liability for account. OK well I was ok with this but not understanding it completely however I had other issues to deal with. Two of the CRA had been reporting this HSBC account as in collections with a trade line (just found out what that meant) also stating as derogatory charge off. I contacted Cavalry who gave me a date of April 2013 when it reported to them the status and deleteion of account. However just this past month when I disputed with the one CRA the tradeline was gone. However I have proof that HSBC reported on it for three years. My question is what in the world is the point of this judgment if it still reports and charge off collections and negative? Seems like I would have rather taken my chances proving my case to get it off my report but silly me assumed that the whole point of that was to clear it up. So basicaly all for nothing but the chance of not being sued again and that was not exactly my concern well yes it was but more so having it not negative on my CRA . Thoughts?
  23. Hello All,I've read a bunch and was able to answer the complaint. I wasn't able to afford the lawyer I wanted in time so I'm having to pro se, and hoping for some guidance with the Request for Admissions I've received. Here are the forum questions first: 1. Who is the named plaintiff in the suit? Cavalry SPV 2. What is the name of the law firm handling the suit? Machol& Johannes 3. How much are you being sued for? 8,xxx 4. Who is the original creditor? BOA 5. How do you know you are being sued? Served papers 6. How were you served? In person, at the door 7. Was the service legal as required by your state? As far as I know, yes. I was handed the letter, the person walked off 8. What was your correspondence (if any) with the people suing you before you think you were being sued? I haven't contacted them before 9. What state and county do you live in? Oregon, Multnomah 10. When is the last time you paid on this account? Late Summer/early Fall 2009, so a couple months short of SOL 11. What is the SOL on the debt? 6 years 12. What is the status of your case? Suit served? Motions filed? I sent an answer to their complaint, they sent me a First Request for Admissions 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No. If only I knew better then 14. Did you request debt validation before the suit was filed? No 15. How long do you have to respond to the suit? Did you receive an interrogatory (questionnaire) regarding the lawsuit? 30 days for the complaint, 30 days to respond to the Admissions, and no questionnaire. 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? Nothing with the complaint. I sent a letter asking when the last payment was on the account and they sent a 1 page statement in response. So from here, I'm hoping for some help with the admissions (I can post their statements in a little bit if that would be ok). I'm also wondering if its too late to elect JAMS since I recall reading something about having to do so within 60 days of their filing the complaint, and prior to me answering them. From what I've read, the mandatory arbitration in OR is not my friend. Also, along with the request for admissions, they sent a letter asking me to call their office to discuss a possible resolution of the case. Thank you all for your time and responses in advance.
  24. On March 28, 2015, Cavalry SPV filed a suit against me according to the Clerk of the Court's records. A pre-trial hearing set for 30 days after the papers were filed. We're on day 18 now and still have not been served. (For the first 12 days after the suit was filed, we were on "stay-cation" and spent all day/every day working in the yard. We were easy to find!) Last night, we were out when a process server taped a business card to our door. I have not yet called this person back...wanted some advice first. From reading many of the posts on the forum, I think we may grounds to have the case dismissed. But still not being served just 12 days before our hearing, I'm getting concerned we won't have time to prepare ourselves properly. Can anyone help us get started? I would be very grateful!
  25. Ok, I am nearing my deadline for filing my appelant's brief to which I have to attach a transcript relevant portion of judge's position from the hearing. Here is the transcript. Note the judge's position and his wilingness to argue on the behalf of the plaintiff. JUDGE: Cavalry SPV I LLC vs ME JUDGE: Now, this is a lawsuit against Ms. ME, case #XXXXXXX, the origin of the complaints was that there was monies due on her account for a credit card. And there was an alleged balance due XXXX, plus costs and fees associated thereto… you answered the complaint… and you made a general denial… okay… and then what happened… first request for production of documents…that is one not done before this court… what was before this court was a motion for summary judgment…now…rescheduled as of 5/20… as of right now I do not see any reply to the summary judgment… You had ample here time to reply but you never submitted any documentation to the court in the regards to this. Is there a reason? ME: Actually, I filed my opposition to summary judgment, Your Honor JUDGE: you did? When was that? ME: I submitted the court paper yesterday. JDB's ATTORNEY (the only time he spoke during the whole proceeding, by the way): Here it is, your Honor(it appeared that paper didn't go through to the judge and judge had to review my opposition for a few minutes) JUDGE: Ms. ME, in review of your response to the summary judgment motion… you are… first of all… objecting to the assignment of debt, bill of sale, the assignments of the loan… whatever it may be… but in particular there are a couple of statements contained in the affidavit submitted in support of the plaintiff’s position and one such that there was an account which was opened by you or FIA NA Card Services Alaska Airlines in MM/YYYY, which account became delinquent and charged off on MM/DD/YYYY… now in support thereof of this credit card debt, other than you saying that these records, perhaps, were not kept in the ordinary course of business, we have a number of documents reflecting the Alaska Airlines Visa Card showing a balance of 10,XXX, payments made, credit card agreements, etc. although unsigned, perhaps, but there is never within these documents a denial of the debt ME: I deny that owe to the plaintiff JUDGE: You deny you owe the plaintiff because of the progression are coming from the credit card to another company to another company to the purchase by Cavalry SPV ME: Correct… JUDGE: That is what you are objecting to? ME: I object that I owe to the Plaintiff, yes, your Honor JUDGE: Okay, I… really… that is no merit to me and I can go ahead and look at some documents that track it to them, that they purchased it… my name could be on this as plaintiff… I could have purchased this debt from the credit card company… and if I had purchased the debt from the credit card company, the only thing you can object to is the underlying debt… if I paid them even 5 cents on the dollar to buy this 10,000 dollar debt and I have got a bill of sale, that is all it takes… What I want you to do is if in fact you are going to deny the debt, deny the debt… NOT the procedure used to get to this point or plaintiff who owns this debt. That is what I haven’t seen here!...