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NEED HELP- HERE IS WHAT I HAVE SO FAR


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:cry: Attorney is suing again for cavalry SPV llc (debt Collector)

I am trying to complete the answer: (

Compliant for money on an account stated;

amount claimed $2,614.53

Plaintiff: cavlary: is the purchaser and assignee of the obligation under suit (copy of the purchased document is attched as exhibit A), and/or as the authorize representative, states for it compliant:

1.Defendant was hold of a credit card.

2.plaintiff's sell extended credit to defendant

3. Defendant made purchases using his credit card.

4.Defendant is now in default withrespect to the account that defines the terms of the issuance of credit.

5.Since being issued a credit card, Defendant has been provided with monthly statements as to the amount due and owing under the terms of the issurance of credit.

6.Defendant has not complied with the terms of the Account, and has failed to pay the balance of $2,614.53 due and owing on the accunt.

7. Defendand received statements of the amount due on the account and Defendant owers the balance on the account stated.

8. Athough a demand has been made, Defendant has faied to pay the balance.

9.Defendan owes Plaintiff the sume of $2,614.53 plus interest at the rate of 24.99% per annum pursuant to the Account and Security Agreement from September 30, 2003 (HAVE NOT IDEA WHAT THAT IS!!!)

wherefor, Plaintiff demands judgment against the Defendant in the amount of $2,614.53 plus prejudgment interest at the rate of 24.99% per annum and post judgement interest at the rate of 24.99% per annum from the date of judgment and costs.

SORRY FOR THIS BEING SO LONG, BUT I NEED HELP - MUST HAVE COMPLETED IN LESS THAN 28 DAYS (ohio)

THIS IS PART OF MY RESPONSE:

I. ANSWER

In response to Case No. 2004CVFXXXXXX, Ann hereby DENIES this compliant.

1. Defendant was holder of a credit card; credit card was reported lost/stolen to the plaintiffs

seller. Defendant has not been provided with a complete payment history , not provided

with an original contract between Defendant and Plaintiff. Bill of Sale provided is not proof of

anything.

2. Plaintiffs seller extended credit to the Defendant. Amount owed is in dispute.

3. Defendant made purchases using seller's credit card. Amount owed is in dispute.

4. Defendant denies default status due to Plaintiff failure for numerous requests to validate debt.

5. Defendant denies receiving statements on a monthly basis.

6. Defendant denies owing the amount claimed $2,614.53, since debt has not been validated.

7. Defendant denies receiving statements on a monthly basis as Defendant had moved to various addresses.

8. Defendant agrees a demand has been made. Defendant does not agree with failure to pay, but will need verification of what is being paid..

9. Defendant is without knowledge of the truthfulness of the allegation concerning the plaintiffs alleged demand for sum due. Defendant disputes the $2,614.53 as the plaintiff has failed to provide validation of the debt.

III. AFFIRMATIVE DEFENSES:

.1 Plaintiffs compliant violate the statute of Frauds as the purported contract or agreement falls within a class of contracts or agreements required to be in writing. The purported contract or agreement alleged in the complaint is not in writing and signed by the Defendant or by some other person authorized by the Defendant and who was to answer for the alleged debt, default or miscarriage of another person.

2. Defendant claims a Failure of Consideration, as there has never been any exchange of any

Money or item of value between the plaintiff and the Defendant.

3. Defendant claims a lack of privy as Defendant has never entered into any contractual or

Debtor/creditor arrangements with the Plaintiff.

4. Defendant alleges that the compliant includes references to alleged agreements made outside

Of the alleged written contract, violating the Parol Evidence Rule.

5. Plaintiff's compliant fails to allege a valid assignment and there are no averments as to the

nature of the purported assignment or evidence of valuable consideration.

6. Plaintiff's compliant fails to allege whether or not the purported assignment was partial or

Complete and there is no evidence that the purported assignment was bona fide.

7. Plaintiff's compliant fails to allege that the Assignor even has knowledge of this action or that the Assignor has conveyed all rights and control to the Plaintiff. The record does not disclose

this information and it cannot be assumed without creating an unfair prejudice against the Defendant.

8. The Plaintiff is not an Assignee for the purported agreement and no evidence appears in the

record to support any related assumptions.

9. Defendant claims Accord and Satisfaction as Defendant alleges that the original creditor accepted payment from a third party for the alleged debt, or a portion of the alleged debt, or that the original creditor received other compensation in the form of monies and/or credits.

10. Plaintiff has violated the FDCPA, FCRA, & COLLECTION AGENCY ACT.

11. Defendant is not given Equal Protection under the law.

12. I was not given full disclosure of all the terms of the purported agreement.

fOUND OUT FROM THE FIRST COURT SESSION JUDG DID NOT READ MATERIAL AND LAWYER FOR PLAINTIFF DID NOT SHOW UP;

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Did Calvary scumbags send you some sort of affidavit prior to the lawsuit ? An affidavit that basically said 'yes, we swear we bought the debt and you owe it' kinda thing...and signed by some Calvary flunky ??

Those affidavits are crap.. they have NO legal standing.. they have NO detailed knowledge of the transactions creating the original debt !

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all they sent was a Bill of Sale, this has been going on since July,

they have an attorney out of Cincinnati. I have did all the VOD as required.

went to court in Nov, the Judge told my neice that the did not read all her material. Cavalry's attorney dismissed the case without prejudice, now he is back.

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I would consider filing a countersuit as well.. look in your rules of trial procedure to see if you can still do this.

Sometimes you have more time to file countersuit.. not sure how Ohio works.

Calvary are SCUMSUCKERS and I hope you put them in their place.

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I did go into the internet for ohio municipal court and anderson publishing online docs stated that for ohio. You must file a cunterclaim withthe court and must serve the plaintiff and all other parties with a copy of the counter claim at lest seven days prior to the date of the trial of the plaintiff's claim."

Also I filed a compliat with the Ohio Attorney General, if that would help any, but I am not going to count on it.

please excuse my spelling and grammer, I do this when I am mad.

THANKS FOR THE ADVICE.

:!:

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