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While I was on vacation for Thanksgiving someone gave my mom my serving papers. I am being sued by Cavalry SPV. It's stated that they were assigned the rights by Capital One. The cause for the action are Breach of Contract and Common Counts. I haven't made a payment to this account in over 3 years, possibly 4. I believe the original bank might have been HSBC or GE Money as well. The amount they are asking for is around $1700 plus atty fees. 

 

Can they serve me by giving the papers to my mom? What should I do first? I also have a car I paid cash for, will that be a problem? My wife just wants me to settle but I do not even know these people.

 

I appreciate all your help

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I wouldn't worry about the way you were served being legal or not. You have about 30 days to learn, and you need to answer the complaint on time. Even if you were to settle, you first need to answer, and you will get a better deal if you fight them. Also; if your last payment was 4 years ago; you are past the statute of limitations to legally be sued.

 

If the complaint is not verified you can file a general denial (form PLD-050). Most of the forms you need are here www.courtinfo.ca.gov

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I wouldn't worry about the way you were served being legal or not. You have about 30 days to learn, and you need to answer the complaint on time. Even if you were to settle, you first need to answer, and you will get a better deal if you fight them. Also; if your last payment was 4 years ago; you are past the statute of limitations to legally be sued.

 

If the complaint is not verified you can file a general denial (form PLD-050). Most of the forms you need are here www.courtinfo.ca.gov

I am not sure if it is verified. There is a page that says "declaration regarding statement of venue".

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No that's not it. It is unlikely that it's verified, but if it is; there will be a page with the word VERIFICATION on top. It will say that the information has been inspected, and believed to be true, the client is away from the lawyers office etc. and it will be signed by the lawyer. If you don't see it then it is not verified.

 

Use your time you have to answer, and answer when it's due, or a few days sooner. File it with the court and send the lawyer a copy with a proof of service (also filed with the court)

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Whatever you do just make sure you answer whatever is needed before the deadline. Your main concern right now is to avoid receiving a default judgement for not answering/appearing. It is probably from HSBC since Cap One bought their credit card division. If the account was in default when Cap One took over then they probably don't have all the information. Even if they do have the information Calvary is probably not going to buy it. 

Calvary can be defeated. They play very loose when it comes to these lawsuits. Make sure and keep any letters they have sent you including the envelopes. Keep any messages they leave for you recorded in a safe place. They are also notorious for adding interest and fees which may not be legal unless they can produce the original contract/agreement. I would not consider giving them a dime considering they probably paid around 30.-40 for your account. 

 

I strongly suggest you answer the following questions. It will make it much easier for others to help you. Just leave out any personal info and round off all numbers. You might also want to post the documents they sent you. Just black out any personal info.

 

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    B) 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.

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Did they (Plaintiff) file the suit in small claims?  $1700 dollars clearly meets the small claims threshold.  If it was small claims it will cost you a lot less to answer; however, if they filed it as a limited civil action, it is going to probably cost you $270 to answer.

 

Good luck, there is a lot of great help here and you are among friends.

 

rt

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Whatever you do just make sure you answer whatever is needed before the deadline. Your main concern right now is to avoid receiving a default judgement for not answering/appearing. It is probably from HSBC since Cap One bought their credit card division. If the account was in default when Cap One took over then they probably don't have all the information. Even if they do have the information Calvary is probably not going to buy it. 

Calvary can be defeated. They play very loose when it comes to these lawsuits. Make sure and keep any letters they have sent you including the envelopes. Keep any messages they leave for you recorded in a safe place. They are also notorious for adding interest and fees which may not be legal unless they can produce the original contract/agreement. I would not consider giving them a dime considering they probably paid around 30.-40 for your account. 

 

I strongly suggest you answer the following questions. It will make it much easier for others to help you. Just leave out any personal info and round off all numbers. You might also want to post the documents they sent you. Just black out any personal info.

 

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.) William G Buttry. LANG,RICHERT & PATCH, 5200 North Palm Ave. Suite 401, Fresno CA 93704

3. How much are you being sued for? $1654.54 and atty fees

4. Who is the original creditor? (if not the Plaintiff) Capital One, N A/ Saks Fifth Avenue, but I believe this was originally GE or HSBC

5. How do you know you are being sued? (You were served, right?) Papers given to my mom outside my house

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

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

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? Not sure if they sent mail

9. What state and county do you live in? CA, Alameda

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 3-4 years ago? How do I check, its been that long?

11. What is the SOL on the debt? Dont know

12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or    B) looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). Filed on 11/14/13, got papers on 12/1?

13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) Have not checked if Cavalry is on there.

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? 30 days

16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Essential terms of agreement with last 4 numbers of account. No statements or exhibit.

 

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Well first of all they claim they

 

While I was on vacation for Thanksgiving someone gave my mom my serving papers. I am being sued by Cavalry SPV. It's stated that they were assigned the rights by Capital One. The cause for the action are Breach of Contract and Common Counts. I haven't made a payment to this account in over 3 years, possibly 4. I believe the original bank might have been HSBC or GE Money as well. The amount they are asking for is around $1700 plus atty fees. 

Since they claim they were assigned the rights to sue they need to cough up the contract that says so or they will not have standing to sue.  Since they claim breach of contract they also need to present the contract. BOP is also in order since they claim breech.

Can they serve me by giving the papers to my mom? What should I do first? I also have a car I paid cash for, will that be a problem? My wife just wants me to settle but I do not even know these people.

 

I appreciate all your help

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Looks like the last payment I made was in June 2011...

 

Can I still settle this with Saks or I have to deal with Cavalry now that I am being sued? Will Cavalry settle for less and will Saks put charge off paid on the credit reports?

 

If the last payment was 2011 they are within the SOL.

 

Calvary is the "owner" of the account, so Saks has nothing to do with it. Since they no longer own the debt the amount should be listed as 0. with Saks. Just because Calvary "owns" the account doesn't mean they have proof of ownership. You will need to ask others here if you want to settle. The probably paid around $20.00 - $30.00 for the account and even with administrative costs they still have less than $100.00 invested. The only cost they have above this would be the court filing fee. 

 

I would look at fighting them. The only way they can beat you is through legal procedure and/or if you go against a "creditor friendly" judge. Even with a difficult judge you can beat them if you put in the time and effort needed. We have a lot of California posters here who can help you.

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Make them prove they own the debt, they need to provide the sales contract, which should contain their rights of assignment. You will also want a copy of the sales receipt it needs to show your particular debt being sold to them. If they cannot prove they own it they have no standing to sue and you ask for a dismissal.

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You only need to list affirmative defenses if you have some. Lack of standing is already addressed with the general denial so you really do not need to assert it.

 

After you answer you send them a BOP. It's just a simple 1 page document (there should be plenty of examples of it here)

 

I would think that any thoughts of settlement are definitely premature at this point (in my opinion). And the OC is going to tarnish your credit with that charge off listed for 7 years regardless of any outcome in this case (although you may be able to  do something about it after wining the case).

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There are many affirmative defenses available, but it may be that they don't apply to your case.

 

IF they have done something unjust or illegal (this early in the game), you could use UNCLEAN HANDS. The law requires those coming to court seeking justice to do justice themselves. You can research the law for this defense in CCP section 3572.

 

some people do apply FAILURE TO MITIGATE DAMAGES. The law does not compensate plaintiffs for damages that could have been avoided by reasonable effort or expense. Defendant's argue that the bottom feeder knew the alleged account was in default, and that it was a risky investment before they purchased it, and that they caused there own damages by doing so.

 

I am not saying they apply to you, but you may look into it. No sense answering the complaint early (but don't be late)

 

ALSO, BEFORE IT STARTS: @people who may read this post: I am not looking to (or going to participate) in anyone's affirmative defense debate

 

Sometimes this topic opens up a big can of worms. GOOD LUCK

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