Jump to content

Received Court Summons for Credit Card Debt in Maryland. Need Help!!


Recommended Posts

1. Who is the named plaintiff in the suit? - Cavalry SPV I, LLC

 

2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) - Stuart R. Blatt and Jeffrey N Pritzker

 

3. How much are you being sued for? - $2627.91

 

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?) - Was served

 

6. How were you served? (Mail, In person, Notice on door) - In Person, left with someone at the house

 

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

 

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?  ,- I have never talked to plaintiff.

 

9. What state and county do you live in?   - Maryland

 

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) - According to the papers they sent, March 16 2010

 

11. What is the SOL on the debt? To find out: - 3 years for Maryland

 

 

 

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).   Status: - Court date is May 15 2013, the status is active

 

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 dont see a list of complaints but there is a form I need to fill out and return to court within 15 days after I receive the summons. It's  called a Notice of Intention to Defend.

 

 

16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits.  -Statements, their receipt for acquisition of the debt and a credit card contract

 

 

I have no idea how to answer this and am not sure what to do. I don't have the money for a lawyer and even then I am not sure if I have the leverage to win this case. Is there any chance to settle outside of court? Should I try to settle outside of court? I have really no idea what to do. Any help and advice would be appreciated

Link to comment
Share on other sites

If the account was opened prior to 2010 you may be able to invoke (elect) arbitration through the credit card agreement. This can cost Cavalry 500 per hour, and they have to pay for it. Considering they paid maybe 60 bucks for your account, they will not go for this. Would you? See Linda7's posts for how to file for arbitration.

Link to comment
Share on other sites

If the account was opened prior to 2010 you may be able to invoke (elecet) arbitration through the credit card agreement. This can cost Cavalry 500 per hour, and they have to pay for it. Considering they paid maybe 60 bucks for your account, they will not go for this. Would you? See Linda7's posts for how to file for arbitration.

. If you mean if the card was issued before 2010, then yes. I believe the card was issued around 2006-2007. where can I see these posts??

Link to comment
Share on other sites

I am about to get served papers from them, It also says on my credit report my last payment was in 2010 and there never was such payment made. So that being said thats a lie and now it falls in my states SOL. so I do not know if I should fight with them or just settle. I thought there was a way I could settle before they even serve me but not sure. I will continue to follow this . Our states are not the same but I need to know what to do as well. I think they are suing me for 1800 thats what the credit report says, the charge off amount was 1300. But im sure they threw in their court fee's for me to pay. I just have to wait on the summons.

Link to comment
Share on other sites

If the account was opened prior to 2010 you may be able to invoke (elecet) arbitration through the credit card agreement. This can cost Cavalry 500 per hour, and they have to pay for it. Considering they paid maybe 60 bucks for your account, they will not go for this. Would you? See Linda7's posts for how to file for arbitration.

 

The threat of having to pay to arbitrate isn't as intimidating as some would like to think. In many federal court jurisdictions, the court is requiring the parties to participate in mediation, where they must split the cost. At $350/$400 bucks an hour, usually with a 3 hour minimum, court ordered mediation can be costly too. Also, in some states (California, for example) a party can move the court to order mediation, or the court can order it sua sponte. Even though there is usually no charge for the first two or three hours, anything over that can be billed at market rates. Again, potentially expensive.

 

And don't forget; it was only two or three short years ago that creditors were dragging consumers into arbitration any way they could (remember NAF?) because the process is so inherently unfair to consumers. Have things really changed that much in such a short time? It isn't arbitration per se, nor a savvy consumer that causes debt collectors to abandon claims. They do it because it's just not productive. Why waste resources litigating with a consumer when those same resources can be used to obtain multiple default judgments? If a debt collector digs in on a particular case, its because they want to make an example of someone (a head on stick, so to speak), or they see an issue in the case that they've been wanting to some favorable case law about. (If you want to make new case law, it's much easier to do it against an over-matched opponent). 

Link to comment
Share on other sites

I have never personally attempted to use arbitration through a credit card agreement, but Linda7 seems to have had remarkable success with the people she guides through the process. Many junk debt buyers and even OCs dismissed when faced with paying thousands up front for JAMS etc. It doesn't seem to be in their business model to put that much money at risk pursuing people who default on credit cards and are likely to file BK if they lose. It may not always work, but for one motion to file, it's worth a shot. The theory is economics; most of these people we help have no job, no assets, and no prospects of having anything any time soon. Spending upwards of 5,000 to collect a debt of maybe 2,000 makes no sense.

Link to comment
Share on other sites

Guest
This topic is now closed to further replies.
 Share

×
×
  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.. For more information, please see our Privacy Policy and Terms of Use.