Summons received in AZ. Please Help.

[PleaseEducateMe]

1. Who is the named plaintiff in the suit?

Cavalry Portfolio Services, LLC as assignee of Cavalry SPV I, LLC, as assignee of HSBC bank nevada, N.A.

2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.)

Ewing & Ewing Attorneys P.C. AZ

3. How much are you being sued for?

~$1200

4. Who is the original creditor? (if not the Plaintiff)

HSBC

5. How do you know you are being sued? (You were served, right?)

Served on 01/27/2012.

6. How were you served? (Mail, In person, Notice on door)

In Person

7. Was the service legal as required by your state?

Yes. Left with adult at my residence.

8. What was your correspondence (if any) with the people suing you before you think you were being sued?

None

9. What state and county do you live in?

AZ, Maricopa

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations)

07/2010

11. What is the SOL on the debt? To find out:

6 yrs.

12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name).

Not online yet.

13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?)

No

14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late.

No

15. How long do you have to respond to the suit? (This should be in your paperwork). 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?

20 days from date above.

16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits.

None, total summons is 4 pages. Pages 3 & 4 consist of causes and complaint Plaintiff allegations including:

1. Plaintiff is LLC entitled to bring action under Statutes of the State of Arizona. That Defendant(s) are residents of the State of Arizona. That Defendant(s) are husband and wife, and the acts alleged herein were done for and behalf of their marital community. Jurisdiction and venue are proper within MARICOPA county and this Court.

2. That on or about 11/24/2006, the Defendant(s) made, executed and delivered to HSBC Bank Nevada, N.A. Orchard Bank, a revolving Credit Account Application (Agreement).

3. That Defendant(s) have defaulted in payment of the indebtedness owed to Plaintiff under the Agreement in the present principal sum of $1,XXX, with accrued interest in the present sum of $XX.XX, and with accruing interest at the contractual rate of 10 percent per annum from date of judgement, until paid, after deducting all payments and just credits.

4. That Plaintiff has made demand upon Defendant(s) for payment of all sums due pursuant to the Agreement, but Defendant(s) have failed and refused to pay the amount.

5. Pursuant to the express written provisions in the Agreement, Plaintiff is entitled to recover from the Defendant(s) its resonable attorney's fees and costs incurred in the prosecution of this action, and the collection of any judgment rendered. That Plaintiff alleges that the sum of $3XX.XX is a reasonable sum to be allowed as and for its attorney's fees herein, in the event Judgment is rendered by default.

Im not sure how to answer the summons while protecting my best interests. I am an individual Defendant on this summons.

Thank you so much the expertise and knowledge I have gained so far on this site.

[1stStep]

Calvary is easy to beat...

File an answer to the complaint and deny where it's appropriate. File the answer with the court - you've only got a few days left before they file for default...

///

Since this is a CC debt, there's probably an arbitration clause to look into

[PleaseEducateMe]

Calvary is easy to beat...

File an answer to the complaint and deny where it's appropriate. File the answer with the court - you've only got a few days left before they file for default...

///

Since this is a CC debt, there's probably an arbitration clause to look into

Thank you so much for replying.

Saying they are easy to beat is encouraging. Can you give me any details on why? Would the arbitration clause be in the docs I was provided at summons?

Im assuming I deny everything except the fact I live in AZ correct? Should I fill out the courts document or provide my own letter?

Im unsure when/if I entered an agreement with HSBC in the past.

Do I need to use any legal verbiage in my denials?

Thank you so much once again.

[1stStep]

Often times Calvary cannot come up with documents that prove you owe the amount or that they legally purchased your account via bill of sale (the mythical Exhibit 'A'). They try to use affidavits that Calvary employees fill out which are hearsay.

As far as arbitration, it will be in a cardholder agreement - which you will want to request during disclosure.

As far as answering goes, you want to use the court's form. A simple "DENY" is sufficient.

[PleaseEducateMe]

I am heading down to the court Friday to submit the answer. I received the form last Friday and wanted to get additional guidance. For that, I thank you.

Is there anything additional I need to file or request?

Does the disclosure occur after the court date is set?

[Beergoggles]

Does the disclosure occur after the court date is set?

You have 40 days in Az to disclose after answer is filed. It will say in the instructions you received with the answer form

[Beergoggles]

watch this!

[PleaseEducateMe]

Often times Calvary cannot come up with documents that prove you owe the amount or that they legally purchased your account via bill of sale (the mythical Exhibit 'A'). They try to use affidavits that Calvary employees fill out which are hearsay.

As far as arbitration, it will be in a cardholder agreement - which you will want to request during disclosure.

As far as answering goes, you want to use the court's form. A simple "DENY" is sufficient.

Thanks for the advice.

Please clarify the following:

The answer form reads

1. I admit/deny that this court has jurisdiction over this matter.

(If denied, state reasons why)

2. I admit the following portion(s) of the Plaintiffs complaint.

3. The Plaintiff is not entitled to judgement for the following reasons.

Then a sentence after #3 stating:

I am asking the court to deny plaintiffs claim. I am also asking for reimbursement of my court costs. (Not sure if I'm supposed to circle this or what.) Im thinking this is just confirming what filling out number 3 suggests.

Should I list numbers 1-5 and follow each with the word "DENY" or just simply put the single word "DENY" as a general denial in the body of #3

[First Timer]

watch this!

This needs to get stickied at the top of this forum. Pretty good and could give people some hope that they can do this.

[PleaseEducateMe]

Is there an expert that can help with this. Copied from post #8.

Please clarify the following:

The answer form reads

1. I admit/deny that this court has jurisdiction over this matter.

(If denied, state reasons why)

2. I admit the following portion(s) of the Plaintiffs complaint.

3. The Plaintiff is not entitled to judgement for the following reasons.

Then a sentence after #3 stating:

I am asking the court to deny plaintiffs claim. I am also asking for reimbursement of my court costs. (Not sure if I'm supposed to circle this or what.) Im thinking this is just confirming what filling out number 3 suggests.

Should I list numbers 1-5 and follow each with the word "DENY" or just simply put the single word "DENY" as a general denial in the body of #3

[1stStep]

#1 - OK so I have a couple of ideas...since this appears to be a CC debt, you can say 'no' and the reason being there is contractual arbitration available...on the other hand, saying yes could waive your rights to that arbitration...

#2 - None

#3- Plaintiff lacks standing to sue.

[PleaseEducateMe]

#1 - OK so I have a couple of ideas...since this appears to be a CC debt, you can say 'no' and the reason being there is contractual arbitration available...on the other hand, saying yes could waive your rights to that arbitration...

#2 - None

#3- Plaintiff lacks standing to sue.

Thanks for your help, your input has been a confidence builder. Im trying not to be overwhelmed and feel this is over my head.

On number 1. Should I include stipulations if arbitration is available. Or do I just have to put my chips on black or red?

[legaleagle]

1. Plaintiff is LLC entitled to bring action under Statutes of the State of Arizona. That Defendant(s) are residents of the State of Arizona. That Defendant(s) are husband and wife, and the acts alleged herein were done for and behalf of their marital community. Jurisdiction and venue are proper within MARICOPA county and this Court.

Defendant and spouse are residents of Arizona. Defendant denies the rest of the allegations set forth in this paragraph. Defendant has no comment concerning jurisdiction and venue at this time, as it calls for a legal conclusion on the part of the defendant.

2. That on or about 11/24/2006, the Defendant(s) made, executed and delivered to HSBC Bank Nevada, N.A. Orchard Bank, a revolving Credit Account Application (Agreement).

Defendant denies the allegation contained in this paragraph. No such application was appended to the complaint. Said application will be requested in discovery, considering the fact that plaintiff has stated that it does exist.

3. That Defendant(s) have defaulted in payment of the indebtedness owed to Plaintiff under the Agreement in the present principal sum of $1,XXX, with accrued interest in the present sum of $XX.XX, and with accruing interest at the contractual rate of 10 percent per annum from date of judgement, until paid, after deducting all payments and just credits.

Defendant denies the allegation connected to default. Said term has not been defined, nor has any "Agreement" been appended to the Complaint.

4. That Plaintiff has made demand upon Defendant(s) for payment of all sums due pursuant to the Agreement, but Defendant(s) have failed and refused to pay the amount.

Defendant admits that plainitff has made an unproven demand for money based upon an agreement which has not been provided or proven to be valid. The remainder is denied.

5. Pursuant to the express written provisions in the Agreement, Plaintiff is entitled to recover from the Defendant(s) its resonable attorney's fees and costs incurred in the prosecution of this action, and the collection of any judgment rendered. That Plaintiff alleges that the sum of $3XX.XX is a reasonable sum to be allowed as and for its attorney's fees herein, in the event Judgment is rendered by default.

Defendant generally denies the allegations set forth in the paragraph. The paragraph is argumentative and depends upon documents not provided. The paragraph also calls for a legal conclusion connected to liability, which is best left to the trier of fact.

[PleaseEducateMe]

legaleagle,

I really appreciate all of the info. You are an asset to this community.

In order to submit those answers I need to provide my own answer form, since these wont fit on the court form provided.

1stStep suggested I use the court provided form and answer in brief. Is there any advantage/dis advantage to either of these tactics. I am heading to the court this afternoon. Also, is there anything else I need to include if submitted my own form?

Best regards!

[legaleagle]

In order to submit those answers I need to provide my own answer form, since these wont fit on the court form provided.

AZ has the worst rules I have ever tried to decipher. I would do this: file the form and attach the additional response to it. That way you get it on the record. Maybe somewhere in AZ's rules, there is a provision to do this. Me, I'd just do it anyway. Lots of things can be responded to in courts that are not provided for in the official rules.

[Beergoggles]

I am in Arizona and I just typed it up and wrote in SEE ATTACHED then stapled it to the answer form and the clerks said that was just fine. I just did this on Tues of this week

[Beergoggles]

here is AZ's civil court rules for you http://weblinks.westlaw.com/toc/default.aspx?Abbr=az-rules-web&Action=ExpandTree&AP=N090D27A070CB11DAA16E8D4AC7636430&ItemKey=N090D27A070CB11DAA16E8D4AC7636430&RP=%2Ftoc%2Fdefault.wl&Service=TOC&RS=WEBL12.01&VR=2.0&SPa=AZR-1000&fragment#N090D27A070CB11DAA16E8D4AC7636430

[PleaseEducateMe]

In order to submit those answers I need to provide my own answer form, since these wont fit on the court form provided.

AZ has the worst rules I have ever tried to decipher. I would do this: file the form and attach the additional response to it. That way you get it on the record. Maybe somewhere in AZ's rules, there is a provision to do this. Me, I'd just do it anyway. Lots of things can be responded to in courts that are not provided for in the official rules.

Thanks again legaleagle! I actually decided to type up an answer including most of the information from their form including certain legal jargon and the accusations along with my answers. The clerk found this satisfactory.

Unfortunately on the way to the post office to send a stamped copy to the Plaintiffs attorney there was an accident and somebody had to be airlifted from the scene and they used the post office parking lot as a landing pad. I drove to the next closest post office and it was closed. Will this affect my case? I believe I was supposed to send the same day I filed my answers with the court.

Thanks

[PleaseEducateMe]

UPDATE: Please help. Do I need to file a defense?

My answer was filed and a stamped copy was sent to Cavalry's Attorneys.

In the mail today I received a letter from the attorneys office including the following:

APPLICATION FOR ENTRY OF DEFAULT AND NOTICE

Application

Pursuant to Rule 55(a), Arizona Rules of Civil Procedure, Plaintiff hereby applies for an entry of default against the following defendant.

Notice

NOTICE IS HEREBY GIVEN to:

Defendants - Followed by my information

That upon the experation of ten (10) days after the filing of this Application and Notice, a default entered by the clerk shall become effective against the defendant(s) named above unless said defendant(s) pleads or otherwise defends as provided by the Arizona Rules of Civil Procedure prior to the expiration of ten (10) days from the filing of the application for entry of default.

DATED FEB 23 2012.

[PleaseEducateMe]

Can anyone help explain this?

[1stStep]

It's probably SOP for them...it should get rejected by the court since you filed your response.

[PleaseEducateMe]

Update:

Mediation has been set for 05/15.

What do I need to do to prepare for this?

I have not seen anything from the prosecuting attorney. Should I?

Any advice to my situation will be great.

Thanks.

[PleaseEducateMe]

Please give me some advice on mediation. What to expect? What to bring. Its 2 weeks away now.

Thank you all.

[1stStep]

You and their attorney will be directed into the hall, or possibly in the courtroom to see if there can be a settlement reached.

The attorney might have some "evidence" - affidavit or possibly 1 statement. Remember to object to the affidavit as hearsay and the statement as unauthentic.

If you meet with the mediator - same thing - the affidavit is hearsay and any statements are unauthenticated.

[PleaseEducateMe]

So my mediation is this coming Tuesday.

Yesterday I received a packet from the Prosecuting attorney with the following in it.

Plaintiffs Initial Rule 26.1 Disclosure Statement

A bill of sale between HSBC card services and Cavalry signed by HSBC VP and Senior VP.

Affidavit of Assignment signed by Cavalry Attorney in Fact

Copy of HSBC statements with my name, address and balance information.

Copy of Credit Card Cardmember Agreement.

How do I proceed? Is this all the information they need?

Please let me know my options. This all came with a phone number to settle before Tuesday.

Thanks very much.