Cavalry Portfolio Services Summons...

[WantItBetterCredit]

So, I have been reviewing this site for sometime now. I was referred to such after my sister mysteriously fell upon it and began to repair her credit. I thought if she can repair hers than surely I can mine. Well, I began the process-pulled my free credit report from all the CRA. I noticed a lot of TLs from Cavalry. I composed the DV letters and even picked up the green cards to accompany my letters. The envelopes were all sealed and ready to be mailed on Monday(12/31). I got served early Saturday(12/29) afternoon (a summons from Cavalry Portfolio Services, LLC as assignee of Cavalry SPV I, LLC as assignee of Citibank, N.A.---i.e. how they are listed as the plaintiff on the summons).

I have carefully reviewed the material presented. There is even a certificate of value which identifies an attorney in my state as the attorney for the plaintiffs.

In paragraph #4 of the complaint, it reads "The aforesaid Defendant(s) owes the aforesaid Plaintiff(s) the principal sum of $2,296.52, plus interest at the rate of 24.99% per annum from March 29, 2004, pursuant to a debt , note, contract, deficiency balance and/or legal obligation identified further as Exhibit "A" annexed hereto.[/i] The only thing affixed to this summons is an affidavit of claim from the state of new york wherein it is listed again

Cavalry Portfolio Services, LLC as assignee of Cavalry SPV I, LLC as assignee of Citibank, N.A. (original creditor)

vs.

(Myself)

It is signed by a legal administrator and subscribed and sworn to before a notary public whose commission expired April 28th, 2007.

My thoughts:

I know I have to answer the summons to avoid a default judgement.

1.In my summons do I mention that I did not get Exhibit A which they mention in complaint #4?

2.Do I also mention that the notary public whom signed and sworn the affidavit of claim commission has expired or do I totally ignore until a court date is set?

3.Also, do I still send the DV letters; they have been addressed and green card attached and ready to mail.

Has anyone else experienced this process with Cavalry? I saw a few members were started court proceedings but not to mean documented their outcome or the process.

Any and all help is greatly appreciated.

WANTITBETTERCREDIT

REBUILDING CREDIT FOR A CHANCE AT THE AMERICAN DREAM

12-30-2007 (First step taken)

[Debt Guy]

I am not an attorney and I do not know the details of NY law. So, my answer is generalized based on my experience:

1.In my summons do I mention that I did not get Exhibit A which they mention in complaint #4?

You say "summons" and I am sure you mean "answer". Right?

Personally, I don't think the failure to attach a referenced document is much more than a clerical error. I don't think it is a defect that would be grounds for dismissal. I guess I could go either way on "mentioning" it or not.

I think the key issue of your answer is your defense. What will be the grounds on which you want to prevail? Is the debt out of statute? Is the amount wrong? Are you the right person? You need to address this question.

Some would encourage you to file a general denial. A general denial essentially says "I don't know what you are talking about cause I don't owe any money. The bet in this approach is that the plaintiff will not be able to prove up the debt. In order to make this strategy work, you will need to undertake discovery.

Now, the words you use lead me to think you have not been down this path before. Your lack of knowledge is a significant handicap. To overcome this handicap, you must either hire an attorney to represent you (which may be a too expensive given the amount involved) or call the attorney for the plaintiff and try to settle this before court or put your nose to the grindstone and learn how to represent yourself.

If you chose the latter course I recommend nolo.com. Nolo sells a series of self-help legal guides.

Your answer must be filed by the deadline and must be in the format required by the court and use all the lawyer words, etc. You should speak to the court clerk. Some courts have fill in forms online for answers in small value cases. Alternatively, the clerk should be able to show you a sample of an answer to use as a goby.

2.Do I also mention that the notary public whom signed and sworn the affidavit of claim commission has expired or do I totally ignore until a court date is set?

Again, this strikes me as a clerical matter that is easily cured. I would not base my defense on such an issue.

3.Also, do I still send the DV letters; they have been addressed and green card attached and ready to mail.

Save the postage. The DV letters are useless at this point. You have been sued and the place to dispute things is in the courtroom and in discovery.

[brokeinok]

Good answers, but I disagree on the issue of the notary public. Signing, swearing and sealing a document with an expired license is a no-no. I would definitely mention this in my answers. You should look up the specific statutes and rules dealing with notary public commissions so that you can quote the law intelligently.

[brokeinok]

Does CITIBANK still own the account or did they sell it? What does your credit report say under CITIBANK "sold/transferred" or something like that? Whether CITIBANK owns the debt or Calvary will have a great impact on exactly how you will need to prepare your answer.

[Debt Guy]

Whether CITIBANK owns the debt or Calvary will have a great impact on exactly how you will need to prepare your answer.

The summons was from Calvary. That means Calvary owns the debt. Calvary would have no standing to bring the action if Citibank still owned the debt.

I disagree on the issue of the notary public. Signing, swearing and sealing a document with an expired license is a no-no.

I guess I would agree if there was an intent to defraud. Scrivner's errors are seldom grounds to boot a case. Regardless, I still would not base my case on an issue easily cured. I just don't see the judge getting his pants in a knot over this.

Besides, my guess is that the OP would not have a clue how and where to look to cite the statute for notary licenses or to make the argument cogently. My thought is to always keep it simple. The failure or success of the defense will rest on other things.

[WantItBetterCredit]

Thanks for all your responses. I am not looking for a dismissal (as of right now). I am merely asking questions so that I can prepare an adequate answer to the complaint.

brokeinok:

According to my credit report from EQ, Citibank still owns the account. Cavalry is not listed on this report and there is no indication that the account has been transferred; it is listed as a charged-off closed account. Yet on my TU account, Cavalry is listed as the TL and original creditor:08 Citibank.

Is that an advantage or disadvantage?

WANTITBETTERCREDIT

REBUILDING CREDIT FOR A CHANCE AT THE AMERICAN DREAM

12-30-2007 (First step taken)

[Debt Guy]

Is that an advantage or disadvantage?

Neither. What it says on your credit report is not relevant. Information on credit reports often is in error and/or lags real time. Also, such information is rarely admissible even if it was relevant.

I discourage you from pinning your hopes for a dismissal on some sort of technicality as you will almost surely be disappointed. At best, you might be able to have the case dismissed without prejudice in which case the plaintiff will just correct the defect and refile. In most cases, the judge will allow the plaintiff to correct any defect by amendment.

If you do not have a solid defense, I encourage you to consider calling the plaintiff's attorney and try to strike a deal. Going all the way and losing is a bad deal in terms of greatly increased costs that get passed to you and the major whack to your credit with the judgment. Garnishments are nasty also. Judgments last a really long time -- like 10 to 20 years.

[SOC]

I would also send the letters to request validation as the summons would be thier first contact i assume? So they still have 30 days to validate.

[Debt Guy]

I would also send the letters to request validation as the summons would be thier first contact i assume? So they still have 30 days to validate.

Based on the OP's remarks, it would appear that the summons is the first contact. If so, the summons/complaint should contain the appropriate language regarding the consumer's right to dispute the debt. If not, there is potentially an FDCPA violation to capitalize upon.

However, I am mindful that validation is no more than the name and address of the original creditor -- information that has already been disclosed. What is the point except to waste postage and get the OP's hopes up?

[SOC]

well, because in michigan an afidavid based on information and beliefrather than personal knowlegeis not admissable into court and should not beconcidered by trial court. So if that was supposed to be attatched as exibit A, then there is no proof of the debt. (no matter how many out of date stamps are on it.) I am going to assume there is similar laws in other states. so by disputing and they have no proof, then its taking an action they know they cannot take, and continued collection activity, and its fun to wait thier time.. So other than protecting your own intrest there may not be a reason to waist the certified mail. NOT STAMP.

[Debt Guy]

What on earth does your response have to do with the earlier two posts in the thread where you recommended mailing the validation requests and I pointed out that it was a useless exercise?

well, because in michigan

The OP lives in Delaware, which last time I checked was half a continent away from Michigan and to my knowledge developed their legal systems about 150 years separate in time and likely have a few differences.

Even if your argument is a winner, it is fixable and the case will just come back to stomp on the OP again. Why not focus on a real solution instead of gimmicks?

OP. You do whatever you want. I told you what I thought and why. You have another poster saying differently. Therein is the problem with seeking advice on the internet -- you get different answers and it is hard to tell which one (if any) is accurate and workable. If you want a second opinion, I suggest you go to www.freeadvice.com and query the debt collections board -- there are several attorneys and even a retired judge who post there regularly. If you want a real honest to God answer, seek advice from a local attorney.

I'm happy to help any way I can. Good luck to you.