vanwim Posted November 30, 2006 Report Share Posted November 30, 2006 I live in MN..I have read through other complaints against Cavalry Porfolio. Their lawyers had a sheriff drop off a summons yesterday and I am trying to put together an answer as quickly as possible. I have had conflicting answers about how to go about doing it. Their DOLA is showing Feb 2001. I pulled a credit report today and it shows 8/2000.I dont remember this debt, I have no paperwork on it. I havent received any correspondence from them until this summons.. However, the summons was in my maiden name. I have been married for several years and any mail I receive with my maiden name is junk so I usually throw it out.. Can I use a SOL as a defense? I have 2 counts on this summons form. On the answer form from mn courts I am not sure if and where i could put this affirmative defense. Any response would be helpful:-) Thanks! Link to comment Share on other sites More sharing options...
E. Normis Debtor Posted November 30, 2006 Report Share Posted November 30, 2006 Contact the OC and try and determine when the account went delinquent or when you made the last payment. A CBR is not competent evidence in court to prove when the breach occurred, which is when the SOL began to run. If necessary, you can subpoena their business records. You'll still want to answer using the SOL defense, but you will need back up. Link to comment Share on other sites More sharing options...
vanwim Posted November 30, 2006 Author Report Share Posted November 30, 2006 Contact the OC and try and determine when the account went delinquent or when you made the last payment. A CBR is not competent evidence in court to prove when the breach occurred, which is when the SOL began to run. If necessary, you can subpoena their business records. You'll still want to answer using the SOL defense, but you will need back up.If it shows MBNA on the report and they have merged with Bank of America. Would they still have information that could possibly be 6+ years old. if in fact they do have the information, what are the chances that they would be willing to send a letter to me in regards to the account? Link to comment Share on other sites More sharing options...
E. Normis Debtor Posted November 30, 2006 Report Share Posted November 30, 2006 They should still have the records, though it might take them a few days to retrieve the information.Speak to someone in authority. Let them know that if they don't supply the information being requested (and there is no valid reason they shouldn't), you'd be more than happy to subpoena the business records, in addition to deposing a custodian of such records. Link to comment Share on other sites More sharing options...
vanwim Posted November 30, 2006 Author Report Share Posted November 30, 2006 Thanks for the info! A few more questions (hopefully thats it!), If I contact the OC by phone, this will not start the clock over in regards to SOL correct? I just want them to verifythe information in writing.Also, the counts that are against me how would I respond?Count 1. I do live in the county they are stating. but towards the end they say I owe them X amount of $$ starting 2/2001 plus interest. i agree with the first statement and not the others. Can I put this in the answer.Count 2. They have contacted me and I have said nothing.. if i havent received. but then again i dont open mail with my maiden name on it.(see first post). should i deny or say not enough information to confirm or deny? This is such a help, to have knowledgeable people on this board. Link to comment Share on other sites More sharing options...
luv2bhappy Posted November 30, 2006 Report Share Posted November 30, 2006 Contact the OC and try and determine when the account went delinquent or when you made the last payment. A CBR is not competent evidence in court to prove when the breach occurred, which is when the SOL began to run. If necessary, you can subpoena their business records. You'll still want to answer using the SOL defense, but you will need back up.What happens when the OC won't confirm to you the last payment? I tried this w/ Chase. I called and they would only tell me that the account had been sold. This is fairly recent, and I know w/ no uncertainty that my last payment on this account was Aug 05. My CRB shows this differently. That's why I called Chase. So how do you prove if you know the date of your last payment? Can you ask for a statement of account or something of that sort? Link to comment Share on other sites More sharing options...
E. Normis Debtor Posted November 30, 2006 Report Share Posted November 30, 2006 Well luv, the easiest way would be to subpoena the records from the OC; they have no choice to give up what they have. Additionally, requesting the documentation from the JDB during discovery will reveal whether or not they have competent evidence to support their claim a payment was made.The burden of a JDB to prove a payment was made is subtantial once you make a proper challenge to it. Link to comment Share on other sites More sharing options...
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