case assigned to judge

[slowhand2]

I am presently being sued by calvary llc, these people purchased the providian account that i once had before they sent it to collections.

the limit was 1800.00. Now the attorney for this company is sueing me for 3,000.00 in the suit the want pre intrest and post interest. I have never been sued before. I really do not know what to do. My aunt is helping me, we did answer the claim, took everything to the court personally and had it stamped and the sent the attorney cmrr. I do not want a judgement, i am a single mother and cannot afford an attorney.

I have never receive any correspondence from calvary let alone ever hear of them. Is there some way i can fight this. Is there a recourse.

It seems as if the lawyer and judges always win. Some of us do not know law. Do i need an attorney for small claims court? The collection agent is in new york and the attorney is in cincinnati and i am in columbus ohio

HELPPPPPPPPPPP!!!!!!!!

SLOWHAND2

[Guest]

How did you answer the complaint???

Did you deny all the allegations they stated?

If you did.. then you might be in trouble..

I dont know that we could help much if you have already answered...

Give some more information on how you answered the complaint and if they ever sent you any other correspondence about the debt and we can go from there.

[Recovering Attorney]

You can always amend your answer. And as Sky suggests, if you let us know what you said, maybe we can help

First, though, what is your defense to the card? How old is this? How would you propose to settle it with them?

[Methuss]

Did you ever get any letters from Calvary stating you had a right to request validation of the debt? The Fair Debt Collection Practices Act requires that they send this to you in writing or include it in the summons/complaint. If the first contact you had with Calvary was the court summons, then Calvary had 5 days from the time the summons was served to send you this required notice.

If they did not send it at all, you can counter-sue for $1000 for violating section 809a et. seq. of the FDCPA. If you can prove this then Calvary also must pay your attorney fees and court costs associated with the countersuit as well.

This may be sufficient to get them to either to come to the bargaining table or will generate a substantial offset against their claim to reduce the amount you would have to pay.

[slowhand2]

for

Cavalry SPV I, LLC (Portfolio Services)

7 Skyline Drive, 2nd or 3rd floor

Hawthorne, NY 10532

Re: Providian National Bank/Summons/case#: 2004 CVF

Attention: Mr Linn (Mr Linn is the attorney in cincinnati)

Dear Mr. Linn :

This letter is being sent to you in response to your attached letter sent to me on July 27,2004. Be advised that this is not a refusal to pay, but a notice that your claim is disputed.

Under the Fair Debt Collections Practices Act (FDCPA), 15USC 1692g Sec.809( your claim is disputed and validation is requested. I have the right to request validation of the debt you say I owe you. I am requesting proof that I am indeed the party you are asking to pay this debt, and there is some contractual obligation which is binding on me to pay this debt.

This is not a request for "verification"or proof of my mailing address, but a request for VALIDATION made pursuant to the above named Title and Section. I respectfully request that your offices provide me with competent evidence that I have any legal obligation to pay you.

Below are a few questions to answer which may help you to resolve these mistakes.

You should also be aware that reporting such invalidated information to major credit bureaus might constitute defamation of character, as the negative marks on my credit report harm my credit and prevent me from enjoying all the benefits of good credit. I’m sure your legal staff will agree that non-compliance with this request could put your company in serious legal trouble with the FTC,The Department of Commerce, and other state or federal agencies.

In addition to the questionnaire below, please attach copies of:

· Agreement with your client that grants you the authority to collect on this alleged debt

· Agreement that bears the signature of the alleged debtor wherein he agreed to pay the creditor.

· Any insurance claims been made by any creditor regarding this account

· Any judgments been obtained by any creditor regarding this account

· Provide me with copies of any papers that show i agreed to pay what you say I owe

· show me that you are licensed to collect in my state

· provide me with you license numbers and Registered Agent

At this time I will also inform you that if your offices have reported invalidated information to any of the 3 major Credit Bureau's (Equifax, Experian or TransUnion) this action might constitute fraud under both Federal and State Laws. Due to this fact, if any negative mark is found on any of my credit reports by your company or the company that you represent I will not hesitate in bringing leagal action against you for the following:

· Violation of the Fair Credit Reporting Act

· Violation of the Fair Debt Collection Practices Act

· Defamation of Character

If your offices are able to provide the proper documentation as requested in the following Declaration, I will require at least 30 days to investigate this information and during such time all collection activity must cease and desist.

Also during this validation period , if any action is take which could be considerd detrimental to any of my credit reports, I will consult with my legal counsel for suit (counter suit). This includes any listing information or unauthorized inquiries to a credit reporting repository that could be inaccurate or invalidated or verifying an account as accurate when infact there is no provided proof that it is.

Best regards,

____________________

l

cc: Franklin County Municipal Court

Cavalry SPV I, LLC: Mr. Andrew Zaro, President

File

CREDITOR/DEBT COLLECTOR DECLARATION

Please provide all of the following information and submit the appropriate forms and paperwork

within 30 days from the date of your receipt of this request for validation.

Original Creditor’s Name:

Name of Debtor:

Address of Debtor:

Balance of Account:

Date you acquired this debt:

This Debt was: assigned purchased , if purchased how much paid.

Explain and show me how you calculated what you say I owe:

Please indicated any credit bureaus to which you have reported negative marks:

Experian ______

Equifax ______

TransUnion ______

This is basically what i replied with.(above)

1.In answer to your question I did not deny all the allegations they stated.

QUESTION: If I had denied all allegation why would I be in touble? (I am new to all this, never been sued before)

2 To the very best of my knowledge I did not receive at letter from them,

3.would they have sent if certified?

4. Calvary pulled my credit report(06-01-04) using an old address and they were never listed on my credit report only providian.

5. Also I had reported the credit card lost to providian. I never did find it.

6. On my credit report it states opend 02/2000 , then the credit report states paid off 11/03 and then charged off as a bad debt in 11/03.

I thing this is when calvary purchased.

7. a company called allied interstate had the account before calvary.

I don't mind settling, but I do not want to pay for something and I don't know the exact cost. Calvary is located in hawthorne ny and the attorney is in cincinnati, Ohio.

Can I be Helped?????

I had about 8 items on my credit report and I paid all but this one.

Before i could do anything with this i was being sued.

I did state that I did not agree with the amount of money being asked for.