WantItBetterCredit Posted December 30, 2007 Report Share Posted December 30, 2007 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. 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.WANTITBETTERCREDITREBUILDING CREDIT FOR A CHANCE AT THE AMERICAN DREAM12-30-2007 (First step taken) Link to comment Share on other sites More sharing options...
Rick9972 Posted December 30, 2007 Report Share Posted December 30, 2007 Welcome!!!I would suggest you look at the sticky above and file out the form that is there for "when you are being sued". If you do not know the information, then research it. Post this and the information provided will help us answer your questions.The first thing you need to let us truthly know is if this is your debt or not. If it is truly not your debt, then your answers to the summons will be differant than if it may be your debt. Link to comment Share on other sites More sharing options...
StressPot Posted December 30, 2007 Report Share Posted December 30, 2007 3.Also, do I still send the DV letters; they have been addressed and green card attached and ready to mail.Send out the DV's that aren't related to the debt they are suing you over. Do not send the DV that pertains to the Summons you have received.The only way to validate the debt associated with the Summons is to first, Answer the summons, then file for Discovery.Above and beyond that, by all means read the sticky as mentioned before.Lastly, here is a link that may help you. http://www.lscd.com/Home/PublicWebThis will start you in a good direction for reading up on your state laws and court procedures.Good luck!StressPot Link to comment Share on other sites More sharing options...
cjtx Posted December 30, 2007 Report Share Posted December 30, 2007 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.Who does the legal administrator work for? Cavalry or Citi? If it's not from Citi it's hearsay and they can only get it from Citi if they pony up a bunch of money.Is the affidavit dated before the notary's commission expired? If not, it can be argued that it's not admissible, but they can just get a new one from one of their own employees, which again won't be admissible because it's hearsay. Link to comment Share on other sites More sharing options...
montanatim Posted December 31, 2007 Report Share Posted December 31, 2007 This almost sounds as if they are trying to confirm an arbitration award out of NY.(maybe) Please answer the sticky's questions so we'll know what is going on. Link to comment Share on other sites More sharing options...
WantItBetterCredit Posted December 31, 2007 Author Report Share Posted December 31, 2007 Sorry, I'm new to the forum. Here is the answered sticky. Again, thanks for all the help.1. Who is suing you? Cavalry Portfolio Services, LLC as assignee of Cavalry SPV I, LLC as assignee of Citibank, N.A.2. For how much? $2,296.52, plus interest at the rate of 24.99% per annum from March 29, 20043. Who is the original creditor? Citibank4. How do you know you are being sued? I received a summons to answer a complaint at the court of common pleas.5. How were you served? Were you served? Hand delivered by server on Saturday (12/29)6. What was your correspondence (if any) with the people suing you before you think you were being sued? None.7. Where do you live? Delaware8. When is the last time you paid on this account? According the original creditors last verification with Equifax, last payment was 01/2004.9. What is the status of your case (if anything has been opened)? You can find this by a) calling the court or looking it up online (many states have this information posted daily). Awaiting defendant response.10. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) I have disputed with the original creditor once; I didn’t agree with the amount owed. I have not disputed with collection agency; I intended on sending DV letters today (12/31).11. Did you request debt validation before the suit was filed? If not, don't bother doing this now. I have not disputed with collection agency; I intended on sending DV letters today (12/31).12. Does your summons require a response? (Look hard!) If you don't get a questionnaire with your summons, you are still probably required to answer it in writing. If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit? Yes or a default judgment will be rendered.13. What evidence did they send with the summons? An affadavit? A statement from the OC? Anything else they attached as exhibits?Exhibit "A" was listed as an attachment, however,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)14. What is the SOL on the debt? To find out: 4 years, I believe. Link to comment Share on other sites More sharing options...
WantItBetterCredit Posted December 31, 2007 Author Report Share Posted December 31, 2007 Who does the legal administrator work for? Cavalry or Citi?The legal administrator is an employee of cavalry. Link to comment Share on other sites More sharing options...
WantItBetterCredit Posted December 31, 2007 Author Report Share Posted December 31, 2007 Welcome!!!I would suggest you look at the sticky above and file out the form that is there for "when you are being sued". If you do not know the information, then research it. Post this and the information provided will help us answer your questions.The first thing you need to let us truthly know is if this is your debt or not. If it is truly not your debt, then your answers to the summons will be differant than if it may be your debt.I do not know if I own the account. I have relatives which have opened accounts in my name and I am attempting to re-build and restablish my credit in order to purchase my first home. Link to comment Share on other sites More sharing options...
WantItBetterCredit Posted December 31, 2007 Author Report Share Posted December 31, 2007 Send out the DV's that aren't related to the debt they are suing you over. Do not send the DV that pertains to the Summons you have received.The only way to validate the debt associated with the Summons is to first, Answer the summons, then file for Discovery.Above and beyond that, by all means read the sticky as mentioned before.Lastly, here is a link that may help you. http://www.lscd.com/Home/PublicWebThis will start you in a good direction for reading up on your state laws and court procedures.Good luck!StressPot Thanks so much for the link. I don't feel so lost anymore. Link to comment Share on other sites More sharing options...
montanatim Posted December 31, 2007 Report Share Posted December 31, 2007 The thing that is sticking in my mind is the affidavit with ...VS (you) on it. That VS would indicate to me that some kind of court type action took place at some time some where. Does the affidavit look like it is a court filing of any kind? I may be all wet, but I can't see the document and I gotta wonder. Link to comment Share on other sites More sharing options...
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