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Found 2 results

  1. 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? (should be listed at the top of the complaint.) Shindler & Joyce (Keith Shindler) However today an attorney named Thea Rubin was at court and filed out my paperwork 3. How much are you being sued for? $4270.31 plus court costs 4. Who is the original creditor? (if not the Plaintiff) In their complaint they say Synchrony Bank, but it is a Sam's Club account statement that is presented which has no account number on it 5. How do you know you are being sued? (You were served, right?) I was served & appeared per the Summons-however it was like a big clearinghouse of lawyers sitting with defendants filling out a form to settle with the plaintiff of the case. Then I had to pay an answer fee and either deny or admit to the suit. I of course denied. 6. How were you served? (Mail, In person, Notice on door) In person 7. Was the service legal as required by your state? I believe so 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 had never heard of them before I was served. I have never even seen the account statements they provided to the court. 9. What state and county do you live in? 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) It said the last payment was on or about 11-6-2014 11. What is the SOL on the debt? In Illinois it is 5 years, however this account is from Missouri which is 5 as well. I have no clue as to any other SOL that may apply, but have no clue what this account even is. 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 was Served and I did file the Answer/Appearance Form 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No because I did not know it was even on my account 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-however, I did send a form letter that was given to me by a law firm when I contacted them about representation (However, they can't represent me because we live too far away) I did try to get representation here, but it seems as if everyone settles and no one denies the suit. 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 did not get an interrogatory questionnaire. I am attaching the answer I filed. I will have to scan the summons and pleadings and will upload that tomorrow. 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. They attached an affidavit- that appears to be a form letter but is missing some of the information on the affidavit that is in the forms that is part of Law. They also submitted 2 Account Statements that do not have account numbers on them and seem to be missing other information. I have also never seen these Account Statements in my life. I have attached the answer and the form letter I sent to the lawyer. I have so many questions, but to start where would I find samples of motions to strike evidence, motions to dismiss, request for Discovery, and anything else I might need to file. Also, I am in St. Clair County Illinois in a Circuit Court-can I state federal and state law. I at times think I need to go to law school. I could use a sounding board and won't reference anyone as my lawyer.
  2. Not quite sure where to begin, so here goes. I'm going to admit right off the bat I handled this very poorly. Got a summons from Calvary Portfolio for $1425.79. Spoke with a local lawyer, and he said don't show up for court they will just garnish you. You see I finally have a very good job, and maybe he thought I could afford to be garnished. I was dumbfounded, and left feeling I should try and work out payments with them. Well I called, and simply said, "I didn't have that kind of money, can I make payments?" The man didn't identify himself but said, "I don't know who you think you're talking to, this is an attorney, not a debt collector!" I said, "I can't afford that much money." He said he would see me in court, and hung up. This all happened about 2 weeks before court. I thought, if a lawyer told me not to go, I'd lose anyway. A few days after that I found a great article, explaining all about these debt collectors, and how my original credit card Orchard Bank, HSBC had actually charged off the account in 2009, and Calvary bought it. Call me stupid, I had no idea how it all worked till that article. It was suggested to send a request for production letter. Not sure if that's what they call it in Illinois, but I never received a certified letter, and I knew there was no time to do it. So I decided to go and defend myself. It was Monday March 18th. I had all my notes, was scared to death, but ready. Finally the Judge called my name. First thing he asked me was did I want to talk to the Plaintiffs Attorney, I said no. He then said the amount, and asked if I agreed or disagreed? Disagree, I said. After a long pause he said, "why?" I said, "Plaintiff has failed to state a claim upon which relief may be granted." Immediately Plaintiffs Attorney said to the Judge, "internet!" And they both laughed. Then I got a 5 minute lecture about defending myself, ending with him saying have your witnesses and evidence ready we will set this for trial. It was all I could do not to scream and say, "I thought the burden of proof was the plaintiffs!" I knew to keep my mouth shut or I would have lost then. So trial is set for May 6th. Am looking for advice on how to proceed from the experts here. I truly feel I am not going to get a fair trial anyway. Also found it interesting that Giovanni Rodriguez who had duly sworn Affidavit Of Claim, was no where in the courtroom to even be questioned. I guess Plaintiff knew he wouldn't need him. Thanks in advance to all who can help! Cathy
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