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Found 6 results

  1. 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!
  2. Hi everyone! First-timer here. So, first of all, thank you all in advance for any feedback/advice! It seems that Cavalry has sued more than enough people. I haven’t been served yet, but know they’ve filed a claim. Claim is for a credit card debt around $8K From what I am reading, arbitration is the best route to go for this. In the statement of claim, they listed an account statement, bill of sale, and they are saying that I am indebted to them for the debt. Citi has sold the debt to them. At this point, I’m thinking that verification is enough to support their claim to file. However, I’m seeing that they are not a fan of arbitration. Any advice on where I should start? I have not been served yet, but want to respond timely.
  3. Who is the named plaintiff in the suit? Cavarly SPV I, LLC, by counsel of LLYOD & MCDANIEL, PLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) LLYOD & MCDANIEL, PLC 3. How much are you being sued for? $2k , lawyer and court fees 4. Who is the original creditor? (if not the Plaintiff) Citibank 5. How do you know you are being sued? (You were served, right?) Sheriff came and tied a summons to my door. 6. How were you served? (Mail, In person, Notice on door) Notice of Summons delivered by sheriff on gate door. 7. Was the service legal as required by your state? Process Service Requirements by State - Summons Complaint 8. What was your correspondence (if any) with the people suing you before you think you were being sued? I do not recall any correspondence. They may have been calling my cell phone but I don't pick up numbers I dont know. 9. What state and county do you live in? St.Josephs County in Indiana 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) They say 02/2015. I do not believe I made any payments on it since 2013. 11. What is the SOL on the debt? Indiana looks like it has a 6 year SOL 6 yrs. §34-11-2-7 12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). Suit Filed October 13th 2016 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? 20 days. 1. They own are the holder of an account due and owing by me and they are an assignee of Citibank. 2.I am indebted to them in the amount $2k 3. Venue is proper with this court based on defendant residing in St. Joseph county. 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. 1. Affidavit of debt from a designted agent of Cavarly SPV I, LL. It has the last 4 numbers of my account number the amount of $2k . Date of the opening of the account 2012 and last payment 02/2015 from a visa credit card of citibank 2. proof that I am not in active service Please help!!!! Should I call cavarly and try to negoiate down the amount? How much do you think they would do? Or should I just answer the complaint asking for more proof ? How would I go about that? Thanks so much! What are the consequences of filing an answer forcing them to prove their case? or filing a motion to dismiss on lack of standing? Will i end up paying a lot more? will it hurt my credit? Should I just call and try to negotiate? how should I approach the negotiations: starting offer? Like this
  4. Ok. So I got served with a summons for a lawsuit by American Express Centurion Bank. I retained a lawyer because there is no way I'm comfortable going pro se. But at the same time, I want to know what's involved with the process and what would be the best possible defenses. ***will update as I progress***
  5. Hello All - Anyway ever have a Bank fail to submit an Affidavit in the Complaint and Motion for Summary Judgement and then just magically produce a new one dated that week and served that day to Defendent in Court? I did. I have been watching this forum for help as I have decided to fight BIG BANK Discover over a credit card debt. I think I have zeroed in on something but need some case law. 1) They filed the Complaint in October, 2014 using an account stated theory with 1 statement attached for a 10 year account. 2) I filed an answer but not an affidavit. I didn't know that I needed to. But I did find some case law disputing that, but the REAL gangbuster is they neither did they. 3) Then they moved for Sumary Disposition, and I responded with genuine issues of material fact, but in the Motion, they explicitly said twice that they had properly filed and Affidavit to the Complaint and that it was also attached to this Motion. Yet, their exhibit summary did not contain it listed and it wasn't there. 4) The Judge offered them two weeks, and the lawyer shot back one. This was on a Friday when on that next Monday both Michigan and Ohio were shut down, including Courts due to a blizzard. The next Friday was the new hearing. I amended my Response with more time and served them on Wednedsay. On Thursday I went to the court to see if they filed anything yet, and they had filed an Affadavit DATED that previous Monday February 2nd, 2015 not October 2014 when they filed the Complaint. It was the standard Robo Affidavit where Discover Bank has its factory in Franklin Ohio by an Abigail Paton of Discover Financial Products (4 entities removed from Discover Financial Services with which the alleged contract was made). I googled and saw Ms. Patton has signed Affidavits as far away as SanDiego. 5) I prepared a Motion to strike that night. Plaintiffs waited to serve me until the actual hearing, and I served them back my pre-paid Motion. Their lawyer got out his law book and started fliiping through it. I asked the Judge to Move to Strike, and he said he would Strike but then asked the Plaintiff if they would just re-file again and he said yes, so the judge changed his mind and said he would give me more time. I said I didn't need it but he seemed like he wanted my motion in writing. I pointed out that the affidavit they neglected to submit with the Complaint affected their account stated theory, and they have failed to produce 4 years of statements, an orginal agreement with terms on it, so there is no way to determine the amount. The six years I did get had 2 purchases totoalling $700 yet I paid $15,000 (or 1700% interest) as far as what they could prove. He "gave me" 2 more weeks but their lawyer was too busy so it ended up being six weeks. QUESTION: Can the Bank claim they filed an affidavit with a Complaint dated in October 2014 and then again in a January 2015 Motion to dismiss and then when compelled to produce the Affidavit because I showed up (unlike 90% who don't bother) and produce an Affidavit dated the next business day (Monday - blizzard Day) 2015 and use it like it just fell behind a file cabinet and they found it? That would certainly make it cheaper for Banks to eliminate the paperwork until someone demands it. You can't swear in legal proceedings that you did something - have someone with knowledge review your records (even though sehe failed to attach them as required) before filing the Complaint, and wait unti the second hearing for a Summay Disposition to creat a new Affidavit. I know there is a problem there, but can't find the Michigan law or case law to cite for the next hearing. Please help - you scholare are fabulous!
  6. I need to file an answer Monday. Plaintiff is Cavalry SPV I as assignee of FIA Card. The complaint reads as follows: 1. The Plaintiff claims the defendant owes the plaintiff of $4578.04 because: Prin: $4,578.04 Int: $0 AF:$, Total $4,578.04. open account 14-02021-0 The plaintiff also claims from the defendant court costs in the sum of $299.99. That's all that is in the complaint. My records show the last payment to BOA was in Dec 2010 so they are outside the SOL as the complaint is dated 4/07/14, yes? Will a general denial and an affirmative defense of SOL suffice or should I still request full documentation in my answer? Also, am I wrong in thinking this is complaint is lacking? Is this one of those filing where they are assuming I won't answer or appear?