Notice Of Intent To File Litigation

[cj1capp]

Hi all, I just got a letter from the Winn Law Group it says that within the next 10 days they will file litigation against me. What action should I take if any.

Some of the particulars of the letter state

debt owed, $7,423.18 total due $8,700.37 plus the attorney fees if I am found responsible.

original creditor : cavalry portfolio services

[montanatim]

Find out everything you can about the account they want you to pay, from your records or the entry on your credit reports.

Some things you want to know are: who is claiming the debt now, and how old is it for SOL calculation.

[cj1capp]

Find out everything you can about the account they want you to pay, from your records or the entry on your credit reports.

Some things you want to know are: who is claiming the debt now, and how old is it for SOL calculation.

Thank you. Im not sure what sol calculation can you explain.do you think they are serious ? will they really sue me should i ask for DV or is it to late?

[montanatim]

If you have received nothing previous from this collector I say yes, send a request for DV. If they don't answer you will get your info from discovery.

Statute Of Limitations. In Calif. I think it is 4 years. meaning that if the day you sent the last payment on the account is more then about 4 years and a month it is technically un-sue-able as the SOL has expired.

[cj1capp]

If you have received nothing previous from this collector I say yes, send a request for DV. If they don't answer you will get your info from discovery.

Statute Of Limitations. In Calif. I think it is 4 years. meaning that if the day you sent the last payment on the account is more then about 4 years and a month it is technically un-sue-able as the SOL has expired.

Awesome info , thank you very much !!

[NYMatt]

If you have received nothing previous from this collector I say yes, send a request for DV. If they don't answer you will get your info from discovery.

Statute Of Limitations. In Calif. I think it is 4 years. meaning that if the day you sent the last payment on the account is more then about 4 years and a month it is technically un-sue-able as the SOL has expired.

You can still be sued if the sol has expired.

[cj1capp]

You can still be sued if the sol has expired.

please explain, then what good is sol?

[cj1capp]

If you have received nothing previous from this collector I say yes, send a request for DV. If they don't answer you will get your info from discovery.

Statute Of Limitations. In Calif. I think it is 4 years. meaning that if the day you sent the last payment on the account is more then about 4 years and a month it is technically un-sue-able as the SOL has expired.

this the first letter I have gotten but my ex says she got a letter 30 days ago asking for a responce, she has not been sent this letter of intent to file.any thoughts?

[debtorshusband]

Here's my story, a mixture of facts and opinions.

My wife got a letter from Winn & Sims, also on behalf of Cavalry Portfolio Services. She ignored it. (She was in head-in-the-sand mode all around.)

Next thing you know, she was served with a lawsuit. That's when I got involved.

IMHO, if you don't respond, they will very likely file, hoping to win by default. Definitely send a DV letter ASAP; that may make them hesitate to file a lawsuit. If not, no harm done.

To answer one of your questions about SOL, they can still sue, and you must raise the expired SOL as an affirmative defense. If the SOL has indeed expired, it should be a slam-dunk to have the suit dismissed. However, if the SOL has indeed expired, and you let them know you know it's expired, they may have the sense not to bother filing a lawsuit.

Here's the end of my story: Filed a General Denial as an Answer. They sent Discovery requests. Hired a lawyer, who helped us respond to Discovery and send Discovery requests of our own. Responses from Winn were crap. Headed for trial. First trial, their rent-a-lawyer asked for a continuance "because their witness who would have to fly from New York was sick." Continuance granted over objection. Next trial, they dismissed the day before.

Good luck.

DH

[Methuss]

please explain, then what good is sol?

It is a rule of fairness set by each State that says if a claim is too old -- to a point that no reasonable person could have documentation to support a defense -- then the claimant is barred from being granted judgment. It is an affirmative defense, which means you must show up in court to claim it.

It goes like this:

Junk debt buyer sues you for debt that is too old.

You file your answer to the complaint with a motion to dismiss with prejudice* based on the SoL expired.

You show up in court on the return date with your proof that the SoL is expired and voice your affirmative defense.

The judge dismisses their claim. (if the judge does not dismiss and your evidence is solid, you appeal based on error of law to a higher court).

*with prejudice means they are forever barred from suing you for it again.

[avn1970]

what would qualify as evidence that the SOL has expired?... would credit reports showing the date of last activity suffice?

[cracrap]

calvary is a jdb not an original creditor, who sold the account to them? and when was the last payment?..ask for validation and last payment date..cali sol is 4 years..cali allows u to request validation at any time...let their records provide the date of last payment if u can...

[cj1capp]

Here's my story, a mixture of facts and opinions.

My wife got a letter from Winn & Sims, also on behalf of Cavalry Portfolio Services. She ignored it. (She was in head-in-the-sand mode all around.)

Next thing you know, she was served with a lawsuit. That's when I got involved.

IMHO, if you don't respond, they will very likely file, hoping to win by default. Definitely send a DV letter ASAP; that may make them hesitate to file a lawsuit. If not, no harm done.

To answer one of your questions about SOL, they can still sue, and you must raise the expired SOL as an affirmative defense. If the SOL has indeed expired, it should be a slam-dunk to have the suit dismissed. However, if the SOL has indeed expired, and you let them know you know it's expired, they may have the sense not to bother filing a lawsuit.

Here's the end of my story: Filed a General Denial as an Answer. They sent Discovery requests. Hired a lawyer, who helped us respond to Discovery and send Discovery requests of our own. Responses from Winn were crap. Headed for trial. First trial, their rent-a-lawyer asked for a continuance "because their witness who would have to fly from New York was sick." Continuance granted over objection. Next trial, they dismissed the day before.

Good luck.

DH

thank you , perhaps there is some hope.

[cj1capp]

If you have received nothing previous from this collector I say yes, send a request for DV. If they don't answer you will get your info from discovery.

Statute Of Limitations. In Calif. I think it is 4 years. meaning that if the day you sent the last payment on the account is more then about 4 years and a month it is technically un-sue-able as the SOL has expired.

just read this bit of info , thanks MT i hope i made the cut time for sol looking into it now.

[cj1capp]

ok after going over the DV papers sent to me by the winn law group i think I am in the clear. Winn sent a copy of the notice of intent to sell property this is dated 02/012/05 I think I made a payment perhaps three months prior to that date. As i understand it this put me well over the 4 years and on month SOL date. Dose that seem correct?

[Credithis]

Junk debt buyer sues you for debt that is too old.

You file your answer to the complaint with a motion to dismiss with prejudice* based on the SoL expired.

You show up in court on the return date with your proof that the SoL is expired and voice your affirmative defense.

The judge dismisses their claim. (if the judge does not dismiss and your evidence is solid, you appeal based on error of law to a higher court).

More than an error of law. The court would have lacked subject matter jurisdiction. This is an often overlooked way to set aside default judgements even if the time to set aside defaults has occured if SOL had ran prior to suit..

[cj1capp]

Junk debt buyer sues you for debt that is too old.

You file your answer to the complaint with a motion to dismiss with prejudice* based on the SoL expired.

You show up in court on the return date with your proof that the SoL is expired and voice your affirmative defense.

The judge dismisses their claim. (if the judge does not dismiss and your evidence is solid, you appeal based on error of law to a higher court).

More than an error of law. The court would have lacked subject matter jurisdiction. This is an often overlooked way to set aside default judgements even if the time to set aside defaults has occured if SOL had ran prior to suit..

THANK YOU !!