UPDATE March 2nd! WE WON! Just received summons from Sheriff

[candydandy]

I just had a visit from the Sheriff who gave me some paperwork, and told me I had 14 days to answer the summons. I haven't had a chance yet to look over all the paperwork, but the main things I've noticed glancing through them is that it is Calvary SPV I LLC VS (my hubby's name)

Plaintiff's Attorney is Keixx J Nadxxx (Birmingham, AL)

I have 14 days from the date of this summons to answer it, but the date is listed as 11-9-04 which was two days ago.

Statement of Claims is in the Small Claims Court of xxxxxxxx County.

Plaintiff is Calvary SPV I LLC as Assignee of Providian National Bank

The amount claiming I owe is around $2,100.00.

Am looking for all the advice I can get on this.

Can I do a DV right now? and if so, will this hold off the court date?

Has anybody ever had any experience with Providian taking you to court? If I answer the summons and claim the amount stated I owe is incorrect (one of the options listed on the documents) will they push harder or back off because of the fact that they might not have all the documents they need? wishing hoping)

What about Calvary LLC? Does anybody know anything about them, and their ways of negotiating, or backing off?

What about this law firm? Again, does anybody know anything about them? (Law firm name: Keixx J Nadlxx)

Please help with this, as this is my first time going through anything like this.

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UPDATE Nov 24, 2004

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Okay, I filled out the paperwork denying all charges due to lack of information given by them. I filed (hubby signed) paperwork with county court, and sent a copy to the lawyer. Received confirmation last week (Thursday or Friday) that the lawyer had received it. Today in the mail, I got a letter from the lawyer saying this:

"Please contact our office at the telephone number listed below to discuss how we may resolve the issues in the above referenced account without the necessity of litigation. Should you decide that you want to settle this matter outside of court, we may be able to work out an acceptable solution."

"THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE."

So now my question is....What do I do now?

I feel like I'm playing poker, and trying to figure out if they're bluffing, and what cards they may or may not be holding. Why would they offer me a settlement IF

1-They can prove beyond a shadow of a doubt that I owe this debt.

2-They can take me to court and collect the total amount I owe, plus court fees, plus lawyer fees.

3-Are they just being nice trying to offer me an out?

4-Have they seen our credit report and know that the chances of them actually collecting (even if they do win) are slim, since my hubby is self-employed (can't garnish self employed people I don't think), and I'm not working?

5-They don't have enough to prove anything and am hoping I'll offer to pay something since they couldn't possibly be able to win in court?

These are all scenerios I keep thinking of, but since I have never been a good poker player, and am not used to the game of debt collectors, court cases, etc, I just don't know what my next step should be.

Any advice from y'all here?

******When I tried to edit my post, I accidentally deleted it. Thankfully I have another window open with my up to date post, but by deleting my post, I lost all the replies/responses to the old one. Bummer!

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UPDATED DECEMBER 18TH

Okay, the saga continues. I just got something in the mail today via regular first class mail.

The top of the paper says:

"INSTRUCTIONS FOR PARTIES APPEARING FOR TRIAL ON SMALL CLAIMS CASES AND DISTRICT CIVIL CASES"

The court calendar, which is enclosed, includes your case, which is set for trial on Monday of the week given. Most of the Small Claims Cases listed will be tried on Monday. District Civil Cases are generally tried on Tuesday and Wednesday of that week, although soemtimes they are reached on Monday.

You should bring to court with you all documentation and witnesses, in order to put the court in the position of 'being there' at the time the transaction took place, which resulted in suit being filed. The court can only consider whatever evidence both sides present in the courtroom, during the trial. The court cannot conduct its own investigation of what happened and cannot consider any evidence or witnesses other than what is presented in the courtroom, during the trial.

(It then goes on to explain about subpoena, and what to do if we need to have one issued.)

At the bottom of the page is a stamp with the words "Filed in Office December 16th, 2004"

Then on the next page is a list of several peoples names who are scheduled to appear in small claims that day, as well as the case numbers for each one of them. In another column is the name of the attorneys (if any) (Beside my hubbys name is the name Keixx J Nadxxx.

(On a slightly off topic, there is a lot of credit card companies listed as taking people to court on the same day as we are due to appear, January 10, 2005)

Question: Can I do discovery for small claims court? That sounds like an intersting thing to do. Also, I am more than open to any advice or steps I should take. I know to bring up the name issues (Same people in our area with the same first and last name, and same middle initial as my hubby, and also someone by the same name as myself in our area now. Plan on bringing an old phone book from before E911 was installed to show the also identical names of my hubby and this other guy, as well as almost same identical Rural Route Address. ) Any ideas of how I should ahndle this, and if I'm able to do discovery, what kind of questions I should demand them to answer.

Will keep this thread updated as things occur.

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UPDATE JANUARY 10TH, 2005

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Well we're already back from court. I was expecting to have to spend the entire day in the courtroom waiting on our turn at trial.

The Lawyer representing Calvary never showed up, but a local lawyer from a law firm in town showed up as a favor to Nadler. He was really nice, but I was watching him close and I noticed he spent a lot of time feeling us out for any information. We went in front of the judge to set a time for our trial today. The judge asked us to go out together in the entryway, or hallway and see if we could work things out first. If we couldn't, then to come back and he will set a time for us to have our trial today.

We (me, hubby, and lawyer) went out into the hallway, and he explained why he was here, and not Nadler. He asked if we could work out payments for this debt, and I told him that no, I was waiting for Nadler to send me the debt validation I had requested in December. The lawyer said, "Yeah, but by that time, the court process had already started." I conceeded that I knew that court process had already started, but according to the FDCPA Section 809(, he still has to 'prove' the debt was ours. He then just kinda nodded his head and stared at me.

He then produced a document he said Nadler had faxed to him Friday which 'proved' the debt, and which would be submitted to the court as evidence. He produced one sheet of paper which was a copy of my hubbys monthly billing statement back in October 2003 from Providian. I asked if he had anything else besides that, and he said "no this was what Nadler had to prove his case".

I told him it doesn't:

1-prove the amount of the alleged debt they are trying to collect, or the payment history of this alleged debt,

2-show the original signed contract or loan agreement that was in force at the time of the account opening,

3-prove that Calvary Portfolio even has any right to collect on this debt or has been assigned the debt,

He then said that he actually knew hardly anything about this case since he had just gotten the case to look at, and he would like to suggest that the judge postpone the case for 2 months until Calvary can validate the debt and appear in court themselves.

The judge agreed to that, and told my hubby and I if the plaintiff wants to proceed with this, then we will get a letter in the mail sometime in mid-february letting us know when the court date will be set.

I feel pretty good about this. I am kinda doubting that Calvary will try to set up another court date. I could be wrong, but even if they do, if all they have is that one piece of paper showing the October 2003 monthly statement, then that in no way validates the debt properly.

So, all in all, I am very happy with the outcome. Even if Calvary does take us back to court, I am 80% certain that we'll win.

Any comments on what they think about Calvary having only that one piece of paper as evidence? I am eager for the comments on this as I am thrilled we didn't lose today. Of course, we technically didn't win either, but am pretty confident we will if we have to go to court on this in a few months.

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UPDATE JANUARY 20TH, 2005

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Well, here's another update in the saga

I had requested Debt Validation from the attorney in Birmingham, as well as Calvary Portfolio.

Still haven't heard from Calvary, but got a letter today from that lawyer. (By the way, the improper English IS what they wrote. It's not a typo on my part

It states:

Dear Mr. Mxxxxx,

Be advised that neither federal or state law requires that we provided you with the "validation" you request. The FDCPA obligates our firm to provide verification to you, if requested in writing, within thirty (30) days of the initial disclosure. That disclosure was mailed to you by our firm on September 24, 2004. The Alabama Rules of Civil Procedure do not afford a party a right to discovery in a Small Claims or District Court proceedings except in special circumstances and after following proper procedure.

Calvary SPV I, LLC is the assignee of Providian National Bank having purchased all right and title to your Visa account No. xxxxxxxxxxxxxxxx on November 19, 2003. A copy of the last statement sent to you by Providian is attached. The name and address of the original creditor is:

Providian National Bank

P.O. Box 660548

Dallas, Texas 75266-0548

Should you wish to resolve this matter without further litigation and in a voluntary manner, I suggest you contact our office. Prior to trial we will attempt to work with you on a reasonable payment solution. If a trial is required and a judgement awarded execution will issue unless full payment is received prior to the judgement becoming final.

Federal law requires that I advise you that this is an attempt to collect a debt, and any information obtained will be used for that purpose.

Sincerely

(Lawyers Name)

Now my question is, since ALL they have shown me is a copy of a October 2003 billing statement, how do I go about getting them to send me actual verification. They are suing for around $2200, but the actual billing statement they sent is showing a balance of $1913.48. The billing statement lists my hubbys first name, middle initial, and last name. Again, we have a man two roads over from us with the exact same name as my hubbys (same first and last name, and same middle initial.) The statement also contains our old Rural Route Address. (Since we had E911 installed in this area, all the addresses have been changed to road names and numbers.) It also shows an account number for a GetSmart Visa which is sent by Providian National Bank.

How best to go about refuting the statements he made in the letter? Any help would be greatly appreciated.

__________________

MARCH 2, 2005 UPDATE-----

I'm so excited. I got a call from the lawyer working for Providian today! He filed a motion to dismiss the case because of lack of evidence!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! I'm doing the happy dance! What a great rush!!!!!!!!!!!!!!!!

WE WON! WE WON! WE WON! WE WON!

To be on the safe side, I am going to the courthouse tomorrow, and Friday (in needed) to make sure that he did INDEED file a motion to dismiss. If nothing shows up there, then I'll be there at 9:00 Monday morning just in case, so he can't win by default of us not showing up.

I sent them a total of 3 DV's (which they ignored) as well as sending Calvary 3 DV's (which they also ignored.) THe last DV sent to both of them told them both that I will be taking this to federal court in Montgomery if they persue this case, and thewn I listed off several violations they had against them that I could (probably) win.

I'm SOOOOOOOO excited and happy!

__________________________

[willingtocope]

I'm sure some other folks will jump in here, but let me answer a couple of your questions.

First...you are indeed playing poker...except that they cheat. And just because they're a lawyer they're still a debt collector AND they may not know all the rules.

Anyway...

1. Its unlikely that they can provide all the paperwork. However, that doesn't mean they won't win in court. It depends on the court knowing the rules also...

2. Yes, they can take you to court and win all that stuff. How likely? Unknown? Again, depends on the court...

3. No way does a CA deal from "nice". They will play good cop / bad cop to try to get you to give it up, but none of them are nice.

4. They have seen your credit reports. You might want to pull them just to verify this, but 90% sure they seen them. Remember that they will look at things differently than you...they may have seen you making some payments that while they are important to you (like car), they think that money could go to them instead.

5. It is possible that you could win in court. It is possible they don't have anything.

My advice at this point would be to DV them along with a copy of the letter they just sent. Say something like "Before I will even talk about this you need to provide me with VALIDATION that this is my debt". Do a search for other posts so you'll know just what validation is. If the summons was the first correspondence you got from this particular CA, you might also look for reference to "overshadowing" and point that out in your letter.

Good luck!

[ghacorp]

It's a little too late to request DV once a lawsuit has been initiated. All communications must now occur in court proceedings unless the plaintiff notifies the court at some point the case lacks merit.

[candydandy]

If they looked at our credit report, the only thing on there that shows we are paying anything (other than very baic monthly bills) is our mortgage. And there is not enough equity in that for them to think we can refinance. (We've only paid about $2500 off the total capital of the mortgage loan.

Question: They sent the summons, I replied, they then sent me a letter wanting to negotiate.

Is the court still involved in this, or do the court then have to recieve something from the CA lawyer asking to take the next step?

[Leadhead]

Did the plaintiff attach any documentation demonstrating "original knowledge" of the debt? Chances are, since it's Providian, they have no documentition that evidences creation of the alleged debt...remember that phrase, ALLEGED DEBT. Until any proof is offered by them, the debt is alleged.

Anyway, if they failed to attach documentation, I'd file a Motion to Dismiss, based on the fact their suit is meritless.

[candydandy]

No they didn't attach ANYTHING to the 3 page summons I received from the sheriff. It only contained three pieces of papers. The only personal info on it showing it belonged to our house was my hubbys name, our old Rural Route Address (we've since had our address changed to Road names and numbers once E-911 system was installed in our county last year)

Ironically, before our E-911 system was changed we had someone by the same exact name (Including middle initial) who lived on the same Route number as us. My hubby has a common first and last name. Now to top it off, someone with my first and last name moved into this area within the last 6 months because I am consxtantly getting her mail. My name is NOT anywhere near as common as my hubbys though! (Gina)

For these two reasons I am trying to get all our credit card companies to verify any debt they claim we owe, which is exactly what I plan on telling the court, as well as bring our local phone book which will show all this and will be able to back it up for me.

[willingtocope]

I guess I'd suggest you contact the court to see if any formal papers have actually been filed. Its possible that the lawyer has just filed "intent to file" papers (I don't know what else to call them). At any rate, if you have already responded to the summons, then I'd still suggest you go ahead with the DV. Given all the address confusion, you need to make it clear that you're not about to settle on something that you're not even sure is yours. Do it in writing...don't call...

[Recovering Attorney]

make sure your bases are covered, i.e., that you answer the summons in the manner specified. If you want to talk to teh plaintiff's lawyer to negotiate, fine. Just do not admit the debt, or deny that you owe what they say you owe, and try to negotiate.

[vixg4]

Did the plaintiff attach any documentation demonstrating "original knowledge" of the debt? Chances are, since it's Providian, they have no documentition that evidences creation of the alleged debt...remember that phrase, ALLEGED DEBT. Until any proof is offered by them, the debt is alleged.

Anyway, if they failed to attach documentation, I'd file a Motion to Dismiss, based on the fact their suit is meritless.

I am being sued by a CA after I asked for DV twice. Court is this Thurs. My summons just asks me to appear to answer complaint. Complaint states med bills from hospital, 4 diff balances. Nothing else was attached, however, CA vp signed affidavit on the complaint that this is true. Do I have a defense with what you asked, attachments of original knowledge????

[Leadhead]

That the CA VP signed an affidavit means squat. They can not have "original knowledge" of this debt...only the OC can.

Do a search on this site for case law regarding affidavits of debt...I do believe there's some that refutes the legitimacy of them.

[admin]

I am being sued by a CA after I asked for DV twice. Court is this Thurs. My summons just asks me to appear to answer complaint. Complaint states med bills from hospital, 4 diff balances. Nothing else was attached, however, CA vp signed affidavit on the complaint that this is true. Do I have a defense with what you asked, attachments of original knowledge????

Did they attach a questionnaire-looking thing (also known as an interrogatory)? You MUST answer this in time as well, or they can get a default judgment against you.

[vixg4]

no questionaire, just summons and complaint.

[gdouglaslee]

Plaintiff's Attorney is Keith J Nadler (Birmingham, AL)

I have 14 days from the date of this summons

That's typical.

[schellmis63]

Is this considered small claims in your state? Now I have been told by judges in my state that small claims rules are not etched in stone. I would check to see if this is considered small claims. If so, file your answer now and see what happens. I am in Illinois. Check with your county. Small claims are much more relaxed.

[Tsandy7]

My neice was in the process of being sued by this rotten company,

we went through the same thing, WE WON!!! the attorney that they had

we went toe to toe with him. I had to help her she came to my house crying that she was being sued, this was my first time dealing with an attorney in this capacity. to make a long story short, she was already in

the lawsuit stage (she had ingored letters, worse thing to do). Anyway

we did a DV to the attorney and sent one to the CEO of calvary.

This went on for about 3 or 4 months, I did the discovery and interr and just stayed the course with them.

There were times I wanted quit and let her do it herself, but I couldn't.

The attorney even tried to make her miss the court date, but we were there. The attorney never VD the debt, eventuall he dismissed the case.

Now my neice is quite happy. YOU JUST HAVE TO STICK WITH IT

[candydandy]

What should be my next step?

I know that I can question the name situation (very similiar names of my hubby, and someone that lives near us), but if they pull out his Social Security, then that may end that line.

I also want to ask them in court to verify the amount claimed owed on the bill. My hubby and I DO have a Providian account, but the one they are claiming we owe is not anywhere near the amount our's is.

Should I DV them now, even though the court date is set, and then when they don't answer, I can tell the judge that I tried to get them to verify the debt was ours before the court hearing, but they didn't send me anything to provide proof?

If I can get them to postpone the court (or whatever that is called) so the lawyer may get tired of coming four hours ride each way, they might get tired of fighting it, and be more willing to take a small settlement on this, or drop it altogether. (if it is even mine of course

Perhaps I can go the route of making them prove that the CA which bought this account from Providian even has the legal right to collect on this debt?

So what should I tell them in court, and how should I go about this?

Slightly off topic, but the day we are to appear in court, all of us have to be there at 9:00 AM for any cases heard that day. We are about half way down the list which means we probably won't be heard til sometime in the afternoon. The lawyer who is representing the CA, is only due to represent this CA against us that day. He is not on the docket representing anybody else for that day. He is from Birmingham. That is about a four hour drivefrom here. What's the odds that he will travel 4 hours, be there by 9:00 AM, and then be willing to sit around for 4 -5 hours before our case is heard? Maybe He'll miss the deadline time of checking in (9:00 AM) and it will be dismissed

If it is dismissed by the court, can the same company come back and take me to court again for the same exact bill? (I know about double jeopardy for criminal cases, but is there such a thing for small claims court?) It's probably a stupid question I'm asking, but I really don't know if such a thing exists for small claims court?

Please any advice would be more than welcome. This is kinda exciting thinking I might possibly win, but at the same time it is a scary thought of being taken to court.

[admin]

Here's an article you should read, explaining the difficulty of the collection agency proving they have knowledge of creation of the debt (as leadhead said). It's good reading and you should print it out to educate the judge.

http://www.narca.org/Newsletter/2003/1stquarter/challenges.asp

Also, here's the case law which establishes that they need to provide complete payment history...

http://caselaw.lp.findlaw.com/data2/circs/7th/034108p.pdf

Print this out as well.

[candydandy]

Ooh, that was good. I printed that out from both sites, and plan on showing them both in court. Also the one from Narca, I printed out and highlighted the important parts, and then went and printed out a copy of the page which shows that Nadler is a member of Narca, and therefore should know what evidence is admissable (especially if he tries to bring 'proof' that is clearly listed within that article as not being 'legal admissable proof'.)

Can anyone answer my question on double jeopardy for small claims court, if anything like that even exists.

[candydandy]

Also, a few more comments/questions.

Checking my credit report, Providian is listed on my report as well, which should give me the right to speak up in court, correct? Since I am affected by this case, with it being listed on my credit report, this shouldn't be a problem should it?

When does Discovery come into this? I want to find out what proof they actually have.

Since on the court documents originally received from the Sheriff, it states: Calvary SPV I LLC as assignee of Providian National Bank VS (my hubbys name) Looking at my credit report, they are NOT HIRED or acting as an agent of Providian, but instead BOUGHT the account from Providian. I can prove that by showing them my credit report. gdouglaslee posted earlier in the thread about "A debt collector’s misrepresentation that it is an assignee is actionable. Gearing v. Check Brokerage Corp., 233 F.3d 469 (7th Cir. 2000)."

Can I get a motion to dismiss on these grounds?

Also, when we were served, it did not contain ANY documentation demonstrating "original knowledge" of the debt, so should the judge be able to dismiss on these grounds?

Where can I find this document named above online to print off and show the judge? I have no idea how to go about finding these kind of documents online.

How do I file a motion to dismiss? Does that have to wait until the day of court?

The lawyers secretary has called me nearly every day for the last week, and left messages on my answering machine to call them back. Should I speak to them and give them a chance to see if they are wanting to negotiate? I would record tyhe conversation if I did call. If this is what you all think I should do, what should I say? (I know to deny everything, and not give them any information, but instead try to get them to give up any valid info to me that they already have)

I know these questions are long, and time consuming, but I really don't have also the knowledge I need to face these people in court, and am trying to get as much as I possibly can to win this. Maybe with time, I will be one of the people on the board helping others with the same type of situation.

[LadynRed]

The equivalent of 'double jeopardy' in civil court is called RES JUDICATA.

Unless the case is dismissed WITH PREJUDICE, they CAN re-file.

[candydandy]

My Small Claims Court date is 12 days away now, and I thought I'd come here, and ask all of you who have the great knowledge, experience, and information for your opinion on my planned response in court.

I plan on:

1-Asking the judge to make the lawyer prove that his client Calvary Portfolio even has the legal right to collect on this debt since NO proof or paperwork was attached to the court papers I received, (I will also ask that the case be dismissed "because the lawyer nor the CA did NOT attach any documentation demonstrating "original knowledge" of the debt)

2-I will ask that the lawyer provide specifics on how the amount being sought was calculated.

3-(I sent out a DV to Calvary Portfolio this week, as well as planning on mailing one out to the lawyer today) Since they probably will not answer, perhaps that will give me a little edge when I tell the judge that I have requested DV from Calvary, and the Lawyer, but have not heard back from either one of them showing any proof of this debt.

4-Show that on the court documents I received, that Calvary is listed as 'assignee' when in fact they are not 'assignee', but rather owner of this account now as shown on my and my hubbys credit report.

Someone please critique these ideas, and please please please give me any advice or suggestions you may have.

[admin]

1-Asking the judge to make the lawyer prove that his client Calvary Portfolio even has the legal right to collect on this debt since NO proof or paperwork was attached to the court papers I received, (I will also ask that the case be dismissed "because the lawyer nor the CA did NOT attach any documentation demonstrating "original knowledge" of the debt)

Good idea. Make sure you cite the appropriate law or case law, or the judge may not be interested. He needs to understand that these things are required.

2-I will ask that the lawyer provide specifics on how the amount being sought was calculated.

Good idea. Make sure you cite the appropriate law or case law, or the judge may not be interested. He needs to understand that these things are required.

3-(I sent out a DV to Calvary Portfolio this week, as well as planning on mailing one out to the lawyer today) Since they probably will not answer, perhaps that will give me a little edge when I tell the judge that I have requested DV from Calvary, and the Lawyer, but have not heard back from either one of them showing any proof of this debt.

Good idea. Make sure you cite the appropriate law or case law, or the judge may not be interested. He needs to understand that these things are required.

4-Show that on the court documents I received, that Calvary is listed as 'assignee' when in fact they are not 'assignee', but rather owner of this account now as shown on my and my hubbys credit report.

Good idea. Make sure you cite the appropriate law or case law, or the judge may not be interested. He needs to understand that these things are required.

I'm sure you can see the trend here.

In small claims, you aren't allowed discovery, so you can't see what kind of documents they have in advance. You really need educate the judge, bring in highlighted versions of the FDCPA or any case law you want to point out. And always, your response to the question "is this your debt?" is "I don't know your honor, no one has provided me with any proof that it is."

[candydandy]

Okay, am looking up case law now, but have a question.

For example:

§ 813. Civil liability

Exactly how would this be 'said'?

[candydandy]

Well, we only have 6 more days before appearing in court over this suit. This is my first time EVER to step foot inside a court room. I'm nervous, but at the same time, I am hopeful we'll get the case dismissed (with prejudice?)

I am in need of some last minute advice, and tips. I do not know how courts and judges work, so am picturing a thousand different scenerios here :-l

QUOTE BY LEADHEAD

Did the plaintiff attach any documentation demonstrating "original knowledge" of the debt? Chances are, since it's Providian, they have no documentition that evidences creation of the alleged debt. Anyway, if they failed to attach documentation, I'd file a Motion to Dismiss, based on the fact their suit is meritless.

Nothing at all was attached to the summons other than the 3 page summons itself. Nothing from Calvary, nothing from lawyer, nothing from Providian. How would I go about asking/filing for a motion to dismiss? Do I wait until I go to court that morning? Do I wait until the judge, and all the rest of us are in the courtroom? Can I go to the courthouse ahead of time and ask for a motion to dismiss?

I have DVed the lawyer, and Calvary separately. I have not gotten the green cards back yet, but should have them anytime now. Have not heard from Calvary about the DV, but I didn't really expect too yet since it is still early. I WILL bring the slips to court from the Post Office showing they were sent.

I also finally returned the phone call from lawyer who has had his secretary call every day and leave a message. Was kinda disapointed when I called. All she did, was ask me if I want to admit to the debt and settle out of court for $1700. The original amount they are asking for is $2200. Before she told me the amount they were willing to settle for, I told her that I don't believe the debt is mine, BUT, I "might consider" settling this alleged debt for a few hundred if it would get them off my back. She then stated $1700? I told her No way, nevermind, I'll see them in court next Monday.

I am re-reading through this entire thread, to organize my thoughts.

Point 1

I will bring in a old phone book to show the similiarities between my hubby and another person with the same first, last, and middle initial as my hubby. As well as show proof that the addresses of these two were very similiar before the new E-911 system was put into place here a few years back. All the correspondance we have received on this case has been addressed to our old Rural Route Address by the way. Not sure how far I'll get with that though if they show they have hubbys social security number. BUT.... on the original summons we recieved on this, back in November, on the line where it says my hubbys social security number, it shows:

000-00-0000

Did they do this for privacy reasons, or do they really not have his social security number?

That wouldn't make much sense though since Calvary has pulled his credit report on 8/17/04, and then pulled an 'account review' on his credit report on:

12/2004

7/2004

6/2004

4/2004

4/2004

1/2004

10/2003

These are all according to looking at my hubbys credit report that I recently received. BTW, Hubbys Calvary Account on his credit report is listed as 'Open', can I use this to my advantage? As a matter of fact, Calvary Portfolio, Franklin Collection (old medical bill), Medical Data Systems (another old medical bill), and NCO Financial (which bought Citi Account that had been charged off) are ALL showing as ACCOUNT TYPE: OPEN ACCOUNT on his credit report.

Question: Can I use the lack of social security number on the Summons as reason to ask the judge to dismiss this case? Or will the lawyer just possibly show proof of social security number right then and there?

Point 2

Plaintiff is Calvary SPV I LLC as Assignee of Providian National Bank

This is two violations. A debt collector’s misrepresentation that it is an assignee is actionable. Gearing v. Check Brokerage Corp., 233 F.3d 469 (7th Cir. 2000).

How would I clarify this to the judge? Any specific part of the FDCPA or FCRA I should point out? I have the FDCPA, and the FCRA printed off and ready to take to court with me on Monday. I have also highlighted some points I want the judge to look at. I am bringing copies of Hubbys credit report, which shows that Providian sold the account to Calvary, therefore, the part on the Summons showing Calvary as assignee to Providian should easily be proved false......right? Do I just quote Gearing v. Check Brokerage Corp., 233 F.3d 469 (7th Cir. 2000) and give the judge a copy of this document which I'll have with me in court that day? Can I then ask the judge to dismiss WITH PREJUDICE? (So they can't take me back to court on this later.) Also, if the lawyer tries to bring in documents from Providian, Can I then object on that as heresay? (I read somewhere on this forum that if you do not object to documents being shown in court, you cannot later say anything about them since by your silence you accepted them into evidence. Am I correct on this?

Point 3

My hubby and I DID have a Providian account at one time, but the amount they are claiming, and the amount they say we now owe is WAYYYYYYY off! Can I ask them for proof on how they reached that amount, and if so, by law, will they have to show this in court? I have a copy of Fields Vs. Wilbur Law Firm, but since this case took place in Illinois, will it carry any weight in a Alabama Courtroom?

Point 4

Can I legally go the route of making them prove that Calvary which bought this account from Providian even has the legal right to collect on this debt? If so, which is the best way to go about it? I suspect that the lawyer will probably have a copy of the sale of this account from Providian to Calvary, but will make sure to ask to see this proof that they even own this account. Even if he does have this sale documents, it still doesn't prove that this is a valid debt. Credit Companies make mistakes all the time. (Off topic, I had a credit card company charge off one of my CC and sell it to a collection agent, when in fact I had paid that CC off and closed the account 6 months prior! I was successful in getting them to forget the whole thing...But I had piles and piles of proof including cancelled checks.)

Point 5

I have DVed both Providian and Calvary, and have not heard anything yet from them (I'm not too surprised though). Can I tell the judge that I have requested Debt Validation as is my right under the FDCPA, but since I have not heard back from them, I would like to have this case postponed until they do validate this debt.

IF the judge does postpone our case to a later date, perhaps this will be to my advantage. Any opinions on results from postponing until they validate the debt? Good move, bad move?

One last thing:

§ 813. Civil liability

How is this 'said' in court?

I don't think the judge would be too impressed with me if I said "You know your honor, the two little ess's stacked on top of each other!"

[KentWA]

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