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I'm being sued by winn law group please help

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I received a summons from the Winn Law Group who is suing me on behalf of Cavalry Portfolio Services, LLc as assignee of Cavalry SPV I, LLC as assignee of HSBC Bank nevada, N.A. \ Orchard Bank. I received this summons on 6/27/11 and have 30 days to respond before it go's into a default judgement. I called the Winn Law Group but they're demanding money and really no terms for a settlement (20% off $4000+). I have very little money and they want $300 down payment and $150 per month. If I had that I wouldn't be in this position right now. I definately want to avoid a default judgement but I'm scared and don't know what to do. My gut is saying answer the summons, which I'm not really sure how to do, but then what will happen? If anyone has any suggestions or help it would be so greatly appreciated.

Thanks - HG

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I'd like to fight this but I'm not sure how to respond. Searched the internet all day looking for a form. An Answer form or a General Denial Form. Couldn't find either. Luckily or by an act of God I found this forum.

I just read the post - Being sued in Az by JDB..need help please!!. It sounds a lot like my situation. My summons say's my letter must be in proper legal form for it to be heard by the court. I'm in Orange County California. Can anyone tell me what proper form means. Do I need those numbers down the left side? Probably ridiculous questions but luckily first time being sued. Any help would be appreciated. 14 days and counting.

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I called the Winn Law Group but they're demanding money and really no terms for a settlement (20% off $4000+). I have very little money and they want $300 down payment and $150 per month.

:ROFLMAO2:

A JDB demanding 80% as a settlement!!!

Sorry but that was just too funny right there. Yes, you should file and answer denying their complaint. Look up the rules of procedure for your state.

It will give you the format and time from for the answer. Most likely you can just deny their allegations and that will stop an immediate default.

That will give you time to research on fighting a JDB. There are probably weeks of reading on the subject.

Bottom line is they can usually not even prove standing and most of the time have a spreadsheet with a name and amount due. When challenged in court or pre-trial motions, they usually lose right then or just move to somebody that won't fight.

Good luck !!

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Alright I'm a moron. I thought JDB was a law group like Winn. Now I'm really confused. Help

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Thanks for all the help. I'm making some headway. I found a download for pleading paper which I printewd out. Also Form PLD - C 010 (answer - contract) which I also have. Any advice if one is better than the other. Please help

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For Calif, either is acceptable.

Personally, I use my pleading template so I can customize as needed.

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In my answer do I just respond to the causes of action? Or do I need to address the first part of the summons concerning the true names and capacities of defendants.

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Junk Debt Buyer? My brain is frazzled.

A JDB (junk debt buyer) is a company that buys defaulted debts for pennies on the dollar. The debts are purchased in portfolios (in bulk). There can hundreds, perhaps more, in one portfolio. The JDB may purchase these debt for as little as five cents on the dollar. Then they go after the debtor for the full amount plus interest, court costs, and attorney's fees.

If a JDB can't recover on a debt, the company will sell the debt to another JDB. The debt can change hands any number of times.

Cavalry Portfolio is a JDB. They are not the orginal creditor (OC) of the debt. Cavalry bought it either from the OC or another JDB. The attorney for Winn Law is not a JDB. He's a debt collection attorney representing Cavalry.

Read your court's Rules of Civil procedure. Find out when you can request discovery. That might be in the form of a Bill of Particulars, or a Request for Production of Documents, etc.

In my answer do I just respond to the causes of action? Or do I need to address the first part of the summons concerning the true names and capacities of defendants.

You respond to each allegation they have in the Complaint. Your RCPs (rules of civil procedure) give you more information. Perhaps there's a downloadable form you can use. If not, you probably just need to use the same format the Plaintiff used in the Complaint...court header, case number, title (Defendant's Answer to Plaintiff's Complaint), etc.

Hopefully some members from CA will chime in.

What documentation, if any, was included with the Complaint?

Edited by BV80

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For Calif, you can use the general denial, but I'd combine it with all the other causes of action.

Add affirmative defenses also

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Thanks BV80,

Summons consisted of a cover letter, documented and stamped, Individual defendant checked mark. Page 2 starts the pleading paper, with a summary of 5 items. Plaintiff Calvary Portfolio Services, LLC, as assignee of Calvary SPV I, LLC, as Assignee of HSBC BANK NEVADA, N.A. \ Orchard Bank, Complains of Defendants, and each of them singularly and collectively, that.

1, True names of the Defendants. 2, Servants and Employees of each other. 3, Plaintiff duly organized and authorized to do business in CA. 4, Believes I'm an Individual who resides in Irvine CA. 5, Plaintiff informed me they were going to take legal action. Then it goes into First Cause of Action, at the bottom of the third page. This I believe to be the actual alligations. There are 2 Causes for action. The first has 5 counts and is titled Account Stated. The second having 2, and titled Money Lent. The first basically saying I incurred the debt with HBSC. The account was sold to Calvary and I haven't paid them anything. It gives a payoff amount of 3706.92 plus interest of 7% from July 31, 2010. When I talked to them the amount they gave me was over $4000. The second cause of action 1, I have become endebted to Plaintiff for 3706.92. 2, Nothing has been paid leaving a balance of $3706.92 plus 7% and the cost of the suit.

Then below that on the fourth page - For the first cause of action - 4 items

Principal of $3706.92

Interest of 7%

Costs of suit

Such other relief as the court may deem just and proper.

Page 5 - For the second cause of action

Same exact thing as the first

Then signed by the attorney

Page six still on pleading paper - The declaration RE: Venue

two page document signed by the attorney

Page 8 another cover sheet, Civil Case Cover Sheet, With rule 3.740 checked marked

Then a 3 copied set about ADR

And that's the whole package. Sorry if it's too wordy a lot of info.

That first section. About True names and defendants, do I respond to those?

Thanks -HG

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Is an answer - contract (plead) considered and general denial?

Here's the definition of "general denial" according to uslegal.com:

A general denial in legal pleadings is a statement such as "defendant denies each and every allegation contained in the complaint" in a defendant's answer to a complaint. It denies everything alleged in the complaint without specifically denying any allegation.

You can state the general denial before addressing the allegations. My suggestion is to look up the posts from calawyer. I'm not saying that 1stStep doesn't know what he's talking about. Not at all. It's just that calawyer is an attorney in CA.

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Is an answer - contract (plead) considered and general denial?

Why don't you go to the courthouse and pull cases where the Plaintiff attorney was involved. There are probably hundred's of cases. It might be on-line.

It is free and public. You can then get free samples. Of course, I would pay special attention to any pleadings where the other side lost.

You can get free law school if you go sit in court and watch and/or do research in the clerk's office. Almost all records are public and in my area even on-line so I can research for free and never leave the house.

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I'm a part time student. I have a bindery company I'm trying to keep afloat as well as learn law. I looked and no on-line webite I can find for the superior court of CA, Orange County, Harbor Justice Center, Laguna Hills Facility. I do plan to stop by there hopefully tomorrow. BV80 will check calawyer posts as well. BV80. Does a lot of what's in JDB Arizona Help's post go for me as well?

Thanks - everyone.

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I'm a part time student. I have a bindery company I'm trying to keep afloat as well as learn law. I looked and no on-line webite I can find for the superior court of CA, Orange County, Harbor Justice Center, Laguna Hills Facility. I do plan to stop by there hopefully tomorrow. BV80 will check calawyer posts as well. BV80. Does a lot of what's in JDB Arizona Help's post go for me as well?Thanks - everyone.

I'm not sure. Some states follow the Federal Rules of Civil Procedure. Others can add their own rules or amendments. For instance, in Georgia, your case would probably be in the magistrate court. Magistrate court in GA does not allow discovery requests.

Here's a suggestion. In my state, if I contact the state bar association and request the name of a consumer attorney in my area, they'll provide a name. Because they provided the name, that attorney will give me a free consultation. You could call your state bar, and see if they do the same thing. You'd be able to ask the attorney to explain any rule you're unsure about.

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I'm a part time student. I have a bindery company I'm trying to keep afloat as well as learn law. I looked and no on-line webite I can find for the superior court of CA, Orange County, Harbor Justice Center, Laguna Hills Facility. I do plan to stop by there hopefully tomorrow. BV80 will check calawyer posts as well. BV80. Does a lot of what's in JDB Arizona Help's post go for me as well?

Thanks - everyone.

Ok, where are you in the process? Have you submitted a response yet? FYI - I'm in the same position as you are, dealing with WLG and Calvary...I've received a lot of help on this forum, and I'll pay it forward.

First thing you need to do is file your answer. Then send them a demand for bill of particulars.

If you need help with either of these, let me know.

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Thanks. I need all the help I can get. I have to write and send the letter. Just decided with the help of this site to fight this, yesterday. I downloaded a form for contract which I mentioned earlier. Also 8 sheets of pleading paper. Trying to decide which would be better. Plus all the other info I received today. Trying to formulate a plan. Still a little confused about what this letter should contain. A general denial seems to be the consensus but then again I'm not 100% sure how to properly form that letter. Learning seems to be where I'm at. How far along are you with your case?

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Pulled up some previous cases involving Winn. Can't see where any of them were not default judgements. Maybe I'm reading them wrong? Also the most current case on the Orange County CA Superior court website was filed on 2/29/09. Am I missing something?

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Go ahead and pull any cases involving the JDB...the attorney doesn't matter. However, look for cases where there's a defendant answer and has a lot of filings...that's the key in knowing that defendant is fighting.

It's going to be tough because Calvary gets a ton of default judgments.

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I did the same, went to the courthouse and pulled all files related to Calvary...EVERY SINGLE ONE was default judgement...

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Big sister, thanks for the website info. It answered lots of questions. I didn't get any paper work with my summons. I found the complaint and I assume the 2 sections of cause of actions are part of the complaint. Like it said on that website my summons contains no account numbers or anything like it. Very general and Generic. I will continue digging. Thanks again

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Scientific, I'm with you. Every Cavalry case a default Judgement. Have yo sent your answer letter already. If so Have they responded? I must have my letter in before the 27of July.

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