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Found 3 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. I was just served last Friday Night. I have been following the threads on here an the advice so far has been unbelievable. I have a couple of questions that I wanted to double check. The first is I didn't see any thing that was labeled VERIFIED, the only thing that was attached was a statement from August 2013 showing that my last payment was made July 2013. I am assuming this means it is unverified? I just wanted to make sure that my first step is filing a POS - 050 or genial denial http://www.courts.ca.gov/documents/pld050.pdf. Also, a notice of case assignment was attached. Does that mean anything separately? It's a CRC 3.740 case. What I am confused about is it says a defendant must general appear within 30 days of service of the complaint. My next question is do I have to file a POS - 030 as well? I am a bit confused as to if it is necessary or not. Also, does the BOP have to come from someone else or can it be mailed from me? I am bit confused on that as well. My last question is part of the documents filed was copies of a suit against someone else in Fresno with their name on it, not me. My cases paperwork filed in San Diego is attached as well, but I am confused as to why the paperwork from a case against a lady was attached as well? I apologize if these are simple questions. I honestly had no idea what to do until I found this site and all the responses & realized that I can fight this & win. I have answered the questions below as well. Thank you for you help in advance! 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.) Lawyers out of Fullerton, Ca 3. How much are you being sued for? $4,800 4. Who is the original creditor? (if not the Plaintiff) Citibank 5. How do you know you are being sued? (You were served, right?) Yes 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? A letter saying that they now had the debt & to verify in 30 days, which I didn't 9. What state and county do you live in? San Diego, California 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) July 2013 11. What is the SOL on the debt? 4 years 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 served. I have 30 days to answer 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 to respond; Does 1 to 10 Inclusive ( I think this is what is meant) 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. An old Citibank statement from 08/2013
  3. I have been sued by Cavalry SPV I. LLC, an assignee of Wells Fargo Bank represented by Winn Law Group on 05/11/2012 for $17K. The complaint included a copy of a redacted signed credit application. I filed a General Denial on 06/12/2012 with affirmative defenses. On July 31 I was served with Discovery documents, Request for Admissions, Form Interrogatory and Special Interrogatory. The Request of Admissions included an exhibit that had a some printout statements and another copy of signed credit application agreement. After spending 3 weeks reading and studying TONS of threads in this website, I was able to complete the responses and I sent them off to Winn yesterday Aug, 29. There is a Case Management Conference scheduled for 11/14/2012. I saw many threads sending discovery documents to the plaintiff and others filing Burden of Proof (which I think I am too late for). Also, I see that I need to complete a Case Management Conference Statement. My question is what do I do next? Can I still serve discovery documents on Winn? Will this help my case or should I skip it? Are there any other documents or filings that I should be aware of before the CMC? How and When do I fill out a CMC statement? Thank you all for your assistance in Advance!! This forum has been GREAT help!