The Cavalry has been Sent for Me

[Charlie23]

In Ohio

Being sued by Cavalry for about $1400

Original creditor HSBC

So......I found out I am being sued because I received multiple letters from local bankruptcy attorneys letting me know they are there to help.

Which means, I nor any adult in my residence has been served with any of Ohio's required documents for proper processing of a law suit.

Obviously I do not want a default judgment against me, which will occur if I do nothing.

How do I respond to a suit with which I have not been served?

I recently moved, so the JDB would not have my new info. Also, I have never had communications with JDB.

Do I goto court to see the what requests were made in suit so I can appropriately respond?

I realize failure to be served properly could be a defense, but how without ignoring it???

Please help......I don't even know how much time I have except that it would be under 30 days at this point.

Thank you in advance for any and all advice...

[Rookie]

You may be able to go to your court's website and search your name. Or go to the clerk at your local court and ask him to look it up. He should be able to give you case number. The clerk should also be able to tell you who the plaintiff claims was served or if it was indeed served. 

If they have filed a complaint then you'll need to answer it. If they haven't filed, yet, send them a debt validation letter. 

[shellieh98]

If you can look it up online, look it up. Just because they filed it doesn't mean they have served you. In ohio they have 6 months to serve you after they file.

If you can look it up online, I would check to see if they say you were served. If not, just check it daily and wait for service. No sense in making it easy for them.

[nobk4me]

In Ohio, the courts usually serve summons by certified mail.  You don't have to answer until you are served, then you have 28 days.

 

If you are getting letters from the BK lawyers, it is likely the court has your correct address, as that is where the lawyers are getting this info.

 

I would just wait until they serve you, but keep an eye on the case's online docket.

[Charlie23]

I got the summons today. It came forwarded through regular mail.

There was attached a page from the actual court that said if summons fails delivery through certified mail then an attempt may be made through regular mail in accordance with court rules such and such....so looks like I have 28 days.

The complaint is eight basic points....

1. Defendant resides in and/or activities giving rise to the claims stated herein occurred in Hamilton County, Ohio. Plaintiff, Calvary SPV I, LLC is the assignee of the Defendants HSBC Card Services account, account *************1111

2. Defendant open the account to obtain an extension of credit and then used the account to obtain goods, services, and or cash advances per the terms of the Account Agreement.

3. Defendant received monthly statements on the account.

4. Defendant breached the Agreement by failing to make payment on the Account as required.

5. As a result of said breach, Defendant owes the Plaintiff the sum of $1334. A copy of a statement created by the Plaintiff, Cavalry SPV I, LLC, from the electronic records provided to it evidencing the sum owed by Defendant to Plaintiff is attached hereto and incorporated as Exhibit A.

6. Plaintiff, or its agents, has made demand on Defendant, but defendant has failed to comply with such demand.

7. Defendant received benefit from said Account.

8. Said Account was not conferred gratuitously, Defendant was expected to pay on said Account, and as a result Defendant has been unjustly enriched, all in the sum of $1334.

About Exhibit "A"

It is titled Statement of Account. This is on Cavalry letterhead. It has my name and former address. It is dated 8/6/2013 (which I did not reside at that address on that date). My complete social security and an account number were on it (which were either highlighted or marked out before the photocopy was made...very dark but still legible). A Cavalry reference number. Current Statement Date (8/6/2013), Date of Purchase (6/28/2012), Principal as of 8/6/2013, amount of interest owed, costs $0, other Charges $0, Interest Rate .0000%

So....how do I respond from here?

Don't know what to do about the Evidence?

Apparently they have electronic records....but shouldn't those have been submitted?

I have never communicated with Calvary.

I would greatly appreciate any and all advice as to how to respond to this. How to understand the weight of that Evidence in this situation.....

Thank you in advance!!

[nobk4me]

First, you moved, so is this filed in the correct court?  If not, you can move to dismiss for lack of personal jurisdiction.

 

If it is the correct court, you need to answer the complaint.  You need to deny all their allegations, and include affirmative defenses.

 

I would also look into the arbitration strategy.  JDBs absolutely hate arb, especially in JAMS.  HSBC agreements include JAMS.

 

Look here: www.cardmemberagreements,org for an applicable agreement.

[Charlie23]

Unfortunately jurisdiction isn't issue. It is in correct court.

JAMS is new terminology to me. Please explain. Meanwhile I will look into that link.

Not sure on approach here. I have never had any relationship/ communication/ agreement with the JDB.

Is the document they included considered ample proof in a court of ownership of debt? How can that be used in their favor or mine?

Thank you.....

Running out of time.

[nobk4me]

JAMS is an arbitration forum, and is very expensive for creditors.  JDBs absolutely hate it!

 

Check this link for more info on arbitration:

 

http://www.creditinfocenter.com/community/forum/199-arbitration/

[Charlie23]

Thank you.

So for now, should I respond to the complaint to avoid default?

I what point at all do I introduce JAMS into the equation??

I saw four agreements from HSBC that wrote in the option of JAMS.

Thanks!

[nobk4me]

For arb, you need to find an agreement, for HSBC with JAMS, that covers the time period in which you allegedly had the card.

 

You do need to respond to the complaint to avoid default.

 

 

Then you can work on the arb motion.

[Charlie23]

OK, thank you. Unfortunately this isn't the first time I have had a complaint issued from a JDB. This past year I had one, responded to the complaint, went through Request for Admissions (responding to them and making my own requests)..... and the JDB dropped the complaint.

May I ask why you would suggest Arbitration for this one? Is there something you see in the complaint, or know anything about the OC or JDB that would have you suggest it? Or that I am not terribly knowledgeable?

Just curious.....I would like to see this go away. And I do know, but may not be able to prove that I do know owe that amount of money....not even close.

Truly I appreciate your help and candor.

[shellieh98]

If the card agreement has a clause for arbitration with JAMS, and you elect it, and gets approved by the court, chances are Calvary will dismiss. jAMS is VERY expensive for them, they would have to spend upwards of 2k to 5 k just for them to arb, and not all those fees are recoverable if they win. They are looking for easy quick default judgements and are most likely to dismiss rather than pay jams fees.

[shellieh98]

Elect arb with jams in your answer, you have to do it early. So answer with a denial, and state you elect arb thru jams. You may have to file thru jams first so they can't try to get arb thru another arb forum. Read linda7's post on arb in the arb forum

[Charlie23]

OK....I gave a lot to take in regarding JAMS. I would like to back up to the complaint itself, as I need to get this out. I included above all documentation that was with the complaint. What if any affirmative defenses can I use? There are no jurisdiction issues, time violations for outdated debt, or estoppels......

So with what reasons do I deny??

Lack of information detailing amount of debt, improper documentation verifying Calvary is bona fide assignee, etc???

Sorry, but I am overwhelmed and need help.

Thank you all for everything so far....and anything to come.

[nobk4me]

Here are a few affirmative defenses:

 

- The plaintiff has failed to state a claim on which relief can be granted.

 

- The plaintiff's claim is subject to private contractual arbitration.

 

-  The plaintiff  has not shown it has standing to sue in his case.

[Charlie23]

Thanks. Also, I have not received communication from Cavalry before. The exhibit A letter is dated 8/6/13. Does this violate FDCPA that they didn't allow time before initiating a complaint??

If yes, how do I word that in my Answer??

[nobk4me]

If you want to use the FDCPA against them, that would be a counterclaim.  But I'm not sure it's a violation.

 

I will send you a PM with info about a good consumer attorney in Ohio.  You might want to consult with them regarding FDCPA violations.