new and need help

[muchneeded]

New here, definitely need help!!

September 12 was served papers from Cavalry SPV on a debt from an old BofA credit card.

I went down to the court within days to find out what this was about as I had never been contacted from Cavalry---ever. Court had no record of this being filed, said to call back later.

I decided to send Cavalry a check for $10 to start a payment plan, I faxed in info requesting them to call me as well.

I never received a call so I went online to see if I could work out a settlement that way. The paperwork I have says I owe $14k and change. On the website when I list my file number it shows I owe $24k.

Called them again to try to work out a payment plan. Spoke with someone and explained that my husband recently lost his job of 20 years, I am straight commission and I have a child with special medical needs. She said that she would see if they could grant a hardship and work out small monthly payments, she would get back with me.

No one got back to me, I called again today and the response was that they can't grant me a hardship status as I'm employed, albeit all commission. They said that they would settle for $21k or I can give them $500 up front and $250/month---neither situation will work whatsoever.

Court date is Wednesday-----what do I do????

I truly don't have the money to pay those kind of payments, but willing to make payment plans. No denying the debt is mine, however I was not aware that automatic payments to them stopped years ago (still making payments to other creditors)

[alexander323bc]

I am confused, you say you have court Wednesday but you started off by saying the court had no record the suit. Can you explain that? And did they cash that payment?

[BrunoTheJDBkiller]

Oh, they'd settle for 21K? You bet they would. Don't give it to them. They are a bottom feeding junk debt buyer who paid no more than $300 for your account. Bet they don't have the paperwork to prove it, either, they never do. Better strategy is to beat them, which is not hard to do.

[BV80]

Considering the court case is Wednesday (today or next Wednesday), I'm assuming the case was filed with the court?

Check to see when it was filed. According to the CO Rules of Civil Procedure, if you're served before the case is filed with the court, the Plaintiff (Cavalry) must file the case within 14 days after serving you. Make sure they filed in within 14 days of service.

Did you answer the Complaint and file it with the court?

[Public Enemy]

Did you actually send the $10 payment to Cavalry?

How long does the paperwork you recieved say you have to file an answer with the court?

What does the paperwork say you are going to court for?

Do you know when you opened the BoA card and when the last payment was made?

If you don't know you can get a free copy of you credit report at AnnualCreditReport.com once per year. If it was 6 years ago or longer it is probably past the statute of limitations.

[Rivertime]

Please answer the question in this link http://www.creditinfocenter.com/forums/there-lawyer-house/242744-qs-answer-when-posting-forum-please-read.html It will give the information needed for people to help you. You can beat this if you want to put in the work.

PLEASE keep in mind you DO NOT owe these people anything, if the account is actually an old account of yours, you owe the original credit (OC) card company. The OC sold this debt for pennis on the dollar and have nothing more to do with it.

Good lick,

rt

[BV80]

We first need to find out if the OP answered the complaint. We also need to find out what this hearing is for. If the OP didn't answer the complaint, it could be a default judgment hearing.

Also, if the OP did send $10, the SOL has been restarted.

[muchneeded]

thank you for your quick replies!!

My court date is Nov 7th.

When I went to court on the Monday following being served, it was not filed, will call and see when they filed it.

I had 35 days to file complaint per paperwork. I faxed them info, but never heard from them. I do not see from my bank that they cashed the check.

I did call BofA and they said that my account was charged off, that I would have to make payments to Cavalry

[racecar]

You owe Bank of America not Cavalry SPV Dont send them any money,they buy your debt for pennies on the dollar and try to collect the whole amount from you.They buy a cd that has your name and a thousand other people's names and try to collect on it.

I sure it says something to the effect that you made purchases on the account and were charged accurately for these purchases. you received the monthly statements that were mailed to your address. you never notified Bank of america of any disputes with regard to the purchases made on his account, nor were you entitled to any credits, offsets, or deductions regarding these purchases. The balance sought by Calvary is due and owing.

[muchneeded]

I have not received monthly statements from BofA for years.

I worked with BofA back in 2007 to set up payment plans and did pay monthly payments, stopped getting statements. Life got busy in that time, won't bother with excuses since we all have them:roll:

So, since I didn't file an answer with the courts does that mean I'll automatically owe Cavalry the money?

I don't have that kind of money.

Does it matter that the papers which I was served show a different amount than what Cavalry shows online? I do realize how they go about buying the junk debt. Will do my best to read through old posts later today.

[ArtVandelay]

I know its hard to do when your sued, but please calm down and give the posters here the information they need in order to help you out. Answer these questions and definitely let them know if you actually paid the 10.00. Many times the JDBs pull a stunt like this just to restart your SOL.

You might want to answer Racecar's 20 Questions in a post so more people will be able to help you. Just don't list any personal information or exact figures. I read over this thread and can't even find the name of the JDB.

1. Who is the named plaintiff in the suit?

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

3. How much are you being sued for?

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

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

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

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

Process Service Requirements by State - Summons Complaint

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

9. What state and county do you live in?

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

11. What is the SOL on the debt?

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).

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

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.

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?

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

[muchneeded]

1. Who is the named plaintiff in the suit? Cavalry

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

3. How much are you being sued for? $14283

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

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

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

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

Process Service Requirements by State - Summons Complaint

8. What was your correspondence (if any) with the people suing you before you think you were being sued? none, they made no attempt to contact me prior to this

9. What state and county do you live in? douglas county co

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) I believe 2008

11. What is the SOL on the debt? 6 years?

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).

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? I received nothing, no interrogatory, was not able to file an answer as when I went down to the court they had nothing on file at that time

16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. absolutely nothing!

***************

[muchneeded]

I did not make a payment, I faxed in the request to make payment arrangements but never received a response

[ArtVandelay]

So did you actually send the 10.00? I can't tell you how important it is to know if you actually did this.

[ArtVandelay]

I did not make a payment, I faxed in the request to make payment arrangements but never received a response

Great! Now that really opens up your options. Not sure if your fax will mean anything, but just paying them a penny would have been a huge problem.

Now that you have your information posted listen to the more experience posters here and they will guide you in the right direction. At this point the main thing I can tell you is not to communicate with them unless it something required with your case. You have a great chance of winning this as long as you are willing to put in the time and effort it takes.

Good Luck!

AV

[BV80]

I have not received monthly statements from BofA for years.

I worked with BofA back in 2007 to set up payment plans and did pay monthly payments, stopped getting statements. Life got busy in that time, won't bother with excuses since we all have them:roll:

So, since I didn't file an answer with the courts does that mean I'll automatically owe Cavalry the money?

I don't have that kind of money.

Does it matter that the papers which I was served show a different amount than what Cavalry shows online? I do realize how they go about buying the junk debt. Will do my best to read through old posts later today.

Cavalry is a junk debt buyer. BofA allegedly sold your account to them. BofA is now out of the picture.

BUT, Cavalry should have to show they purchased your account. Anyone on the street can walk up to you and tell you they've purchased an account and you owe them money. Where's the proof?

Most JDBs (junk debt buyers) provide a "bill of sale" that shows they bought some account from an original creditor such as BofA, but that bill of sale never references the name and account number of the debtor. That's not proof they bought YOUR specific account.

Show up at the hearing. Considering you didn't answer the complaint, I'm assuming this is a default judgment hearing. Does the docket state the reason for the hearing?

I don't know what goes on in your courts. Hopefully, you'll be able to speak to the judge. You can honestly say you have never heard of Cavalry. You don't know who they are.

If he asks if the account is yours, you don't know. You had an account with BofA, but you don't know if this is your account because they didn't provide any evidence. Nor did they provide any proof that they bought any account related to you.

All of the above is assuming the judge will let you speak. He may have some compassion and decide to let you answer the complaint. At that point, we'll do our best to help you.

But, he may decide that because you didn't answer the complaint, Cavalry gets their judgment. Just in case, you need to read your state laws regarding garnishment and execution of judgments.

If the judge grants their motion, is there a possibility that you could declare bankruptcy? Bankruptcy is no longer taboo. It's a way to get a fresh start.

Edited October 31, 2012 by BV80

[muchneeded]

how can they garnish wages if I'm not paid wages? I'm 1099.

I am an insurance broker, paid by insurance companies, however I'm not an employee of them.

Bankruptcy would not be good as companies can refuse to offer me contracts as a result, would prohibit me from making money in future.

[Public Enemy]

Would it do any good for muchneeded to file their answer at this late date?

They sent a fax to Calvery in time, and even though it probably was not an official answer, it could show an attempt to do what was required. I have seen it work in my state but judges tend to be somewhat forgiving in Pro Se matters here.

[muchneeded]

When I spoke with Cavalry, or their attorney's office today, they said that they would not accept my offer and I would have to go to court.

I called the court and they have yet to file!!! Court has no record and they (Cavalry) are telling me to go to court on 11/7

[Rivertime]

First off, there are a lot of people on here that know a great deal more about this than I, but, for what it's worth: I would file my answer as soon as I could and send it overnight express to plaintiff. File it with the court and be sure to provide a "Proof of Service" for as required by your state. Make sure your answers are in line with your rules of civil procedure with regard to form and such. In California we have a general denial form that pretty straight forward and easy to fill out. See of your state offers something like that.

At least if the answers are filed, all be it late, you could argue you went to the court, attempting to be pro-active, and didn't see anything filed, then realized you had this court date and did what you could to properly prepare.

If there are any other suggestions, I'm sure OP would appreciate them.

Good luck,

rt

P.S. Forget this post, it appears you have nothing to answer if they never filed (see BV80's post about 14 days) I would recommend going to the court, talking to the clerk and making sure there is nothing on the calendar with your name on it for 11-7. If that is the case, tell them to go pound sand. Remember, as I understand it, if you pay them anything, you re-set the clock for Statute of Limitations (SOL) That is time within which they can legally sue you for the debt.

Edited October 31, 2012 by Rivertime

[BrunoTheJDBkiller]

1400? Arbitration should get rid of them, see Linda7

[Rivertime]

1400? Arbitration should get rid of them, see Linda7

I think the amount is $14,000.00

[muchneeded]

Should I file an answer even if the court has no record of them filing? I'm not close to the court, but would definitely make the trip down there again if it is worth it

[BV80]

Should I file an answer even if the court has no record of them filing? I'm not close to the court, but would definitely make the trip down there again if it is worth it

2 Questions:

1. When was the last time you called the court to see if the complaint was filed?

2. Who sent you the notice of a scheduled hearing?

[muchneeded]

I called the court today, they said nothing has been filed.

It was Cavalry today who said that she thought I had a court date.

They have been very flakey, no response to a fax of mine to set up payment, no returned calls, guess its in my favor now that they have not responded.