Skittlethat Posted August 7, 2013 Report Share Posted August 7, 2013 This was my original thread. Please let me know if I should transfer all that info to this thread for more advice.http://www.creditinfocenter.com/community/topic/320935-help-please-received-a-summons-from-superior-court-of-nj/ I was summoned for a suit filed by Cavalry SPV I, LLC for a Bank of America/FIA Card Serviced debt. Based on advice written on this forum I filed my answer denying all 5 claims they put in the complaint and left them to prove it. I did not at that time make any specific discovery requests or list any affirmative defenses because New Jersey's form for answering complaints in the Superior Court Special Civil Part did not say for me to include those things. The court date is for mid October. Yesterday I received an envelope from the attorneys with what they claim to be documents associated with the credit card debt they're suing me for. The envelope included a piece of paper labeled Exhibit C, Bill of sale and assignment of loans. That document was basically a paragraph that supposedly explained that Bank of America/FIA Card Services sold my account to Cavalry SPV I, LLC in June of 2011. There is also another sheet of paper that repeats the purchase date along with the account number, date opened which is listed as October of 2006, Last payment date which is listed as December of 2008, and my social and last balance which was slightly over $4000.00. Lastly they included a copy of what is supposedly my July 2009 credit card statement. I know the rules are different in every state. Should I request a copy of a signed user agreement that proves this was ever my account? Also, based on information here it seems that Bank of America/FIA Card Services agreements listed Delaware law and the SOL should be 3 years which should be over if my last payment was as these people claim, made in 2008. Is that correct? I'm not sure what to do next and while I'm googling and searching this forum like crazy, I also don't understand a lot of the terms and language so I figured I'd better ask. Link to comment Share on other sites More sharing options...
hot in az Posted August 7, 2013 Report Share Posted August 7, 2013 Hi, I am not from your state but here is what help I can offer. You are in the discovery phase and that is what they sent you. What they sent is what they can use at trial. To give you info Google What is the process for discovery in New jersey. Go to section 9(bee) Discovery runs from the date the first answer is filed or from 90 days after the defendant is served, whichever comes first. The discovery end dates for all pending civil cases are posted on the Judiciary's website. www.njcourtsonline.com. So being you are in discovery now is the time to hit them with YOUR request for Admissions and Request for production of Documents. You have lots of time before trial to file Motions in Limine to strike what they send you. Try to find a post on discovery from someone in your state. Hope this helps Link to comment Share on other sites More sharing options...
hot in az Posted August 8, 2013 Report Share Posted August 8, 2013 There is quite a bit of confusion on the delaware choice of law and SOL. I would check your state law on the application of sol in a cc defense and what your state laws sol is in regards to that. Try to find some credit cases where sol was used in defense. it takes a litlle digging but you should be able to come up with some answers. sometimes you could go to a local law library and they will answer a lot of questions for you. or even a college law dept. Link to comment Share on other sites More sharing options...
hot in az Posted August 13, 2013 Report Share Posted August 13, 2013 How's it going? Do you need more help Link to comment Share on other sites More sharing options...
Skittlethat Posted August 29, 2013 Author Report Share Posted August 29, 2013 Every piece of information they have sent me states my last payment date as December of 2008 but so far they've provided nothing but that one supposed credit card statement. How do they think they have a case if they're admitting the last payment was in 2008 and Delaware law has a 3 year SOL? I feel like I'm missing something. Link to comment Share on other sites More sharing options...
Savoir Posted August 29, 2013 Report Share Posted August 29, 2013 No ........ you're not missing anything ....... in fact you have something that most debt collectors don't have. Smarts.You are assuming that debt collectors are smart enough to know the law.They are assuming (hoping) that you don't know the law.They're trying to bluff you into submission. I don't know your civil procedure and haven't read the linked posts but, that being said and according to what I've read in this thread; this debt SHOULD be time barred. Did you include the SOL defense in your answer/affirmative defense? Link to comment Share on other sites More sharing options...
Recommended Posts