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tandemchick

New member in TX, being sued by Cavalry SPV I, have some questions

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I have some questions that I can't seem to find answers to (it's very possible they've been posted, and I just haven't found them yet). I checked the mail yesterday and had a letter addressed to my maiden name (Mr. at that) from a lawyer in Houston, telling me I'd been sued on Dec. 18th by Cavalry SPV I and that they could help me fight it. Imagine my confusion since this was the first time I'd been apprised of this. I did some searching on the Travis County District Court website and was able to pull up the case and find out that I am indeed being sued.

 

But I haven't been served. I contacted the court earlier to see how I could get the documents, and they told me to just pull them off the internet (they cc'd the attorney on this). I was able to get the unofficial documents that way. Please do not tell me I screwed the pooch by doing this (that would very well be my luck).

 

It's my understanding that I can have this completely invalidated because of the fact that I haven't been served, but I'm not entirely sure how to go about that. I'll go ahead and include the rest of the information here, just as reference, but thanks in advance for any answers/help.

 

1. Who is the named plaintiff in the suit? CAVALRY SPV I, LLC ASSIGNEE OF BANK OF AMERICA/FIA CARD SERVICES, N.A.

2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) REGENT AND ASSOCIATES, ANH H. REGENT, HOUSTON, TX

3. How much are you being sued for? $7102.97 PLUS ATTORNEY'S FEES

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?) EXPLAINED THIS INITIALLY. BUT NO, I HAVE NOT BEEN SERVED.

6. How were you served? (Mail, In person, Notice on door) HAVEN'T BEEN SERVED

7. Was the service legal as required by your state? NO, TEXAS LAW REQUIRES THAT SOMEONE ABOVE THE AGE OF 17 SIGN THE DOCUMENTS

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? THIS IS THE FIRST TIME I'VE HEARD OF CAVALRY OR THIS ANH REGENT PERSON

9. What state and county do you live in? TRAVIS COUNTY, TX (THIS CREDIT CARD WAS OPENED IN MCLENNAN COUNTY, TX UNDER MY MAIDEN NAME, FWIW)

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) IT LOOKS LIKE MARCH 17, 2010, SO UNFORTUNATELY I'M JUST INSIDE THE SOL

11. What is the SOL on the debt? To find out: 4 YEARS (I'M JUST INSIDE THAT)

Statute of Limitations on Debts

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). STATUS IS CV PENDING

13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) NO AND NO (ALTHOUGH I HAVE HAD A FREEZE ON  MY CREDIT SINCE AUGUST)

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, SINCE THIS IS THE FIRST TIME I'VE BEEN CONTACTED BY THESE PEOPLE

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? 

THIS IS ALSO INTERESTING. ON THE CITATION COVER PAGE IT SAYS I HAVE 20 DAYS AFTER THE DATE I WAS SERVED. IN THE LAWSUIT ITSELF IT SAYS I HAVE 50 DAYS. 

 

YES, THERE'S A QUESTIONNAIRE. I'VE ATTACHED IT FOR REFERENCE SINCE IT'S PRETTY LONG.

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

questionnaire.docx

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1.You were likely served by mail to your last known address which is allowed: Travis County online will confirm

 

2.You are running out of time if served that way 20 days + 3 for mailing. is allowed, the date posted online means 20 days from that date

 

3.Questionare is actually Discovery and is important, I saw Admissions which can screw you if not responded to within 30 days of service.

 

4. Focus on getting an Answer sent back to the court and the other attorney, most important as least amount of time left. Use CMRRR when sending to court and especially to other attorney.

 

5. What court will this be in? Justice Court or County Court at Law. Important because CCL is more formal and responses must be better formatted. JC has their own form (usually) that you can get on line. Deny everything.

 

6. The attached doc  also has Disclosures which is part of Discovery. These have a slightly longer time fromae for responding than Admissions

 

7. Don't waste time with DV's and other stuff, focus on getting your Answer

 

How much $ are they asking for. At this late date if this is overwhelming you or you cant deal with the time demands (gonna be heavy) consider an Attorney.

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1.You were likely served by mail to your last known address which is allowed: Travis County online will confirm They have my correct address on all of the legal docs, so I would assume if I had been served it would have been to my home address.


 


2.You are running out of time if served that way 20 days + 3 for mailing. is allowed, the date posted online means 20 days from that date 


 


3.Questionare is actually Discovery and is important, I saw Admissions which can screw you if not responded to within 30 days of service


 


4. Focus on getting an Answer sent back to the court and the other attorney, most important as least amount of time left


 


5. What court will this be in? Justice Court or County Court at Law. Important because CCL is more formal and responses must be better formatted. JC has their own form (usually) that you can get on line. Deny everything. County Court at Law #1


 


Thanks for the response. I'm guessing I should go ahead and answer despite the fact that I haven't actually been served?


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Check online with Travis County but I would not assume you weren't served. Highly likely you were. Texas does not require you receive it only proof they mailed it and the proof can be pretty skimpy at that.

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Check online with Travis County but I would not assume you weren't served. Highly likely you were. Texas does not require you receive it only proof they mailed it and the proof can be pretty skimpy at that.

B.S.

Where are you getting such information, sir?

If she was not served in person then she has not been served.

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B.S.

Where are you getting such information, sir?

If she was not served in person then she has not been served.

 

Pretty much all States and jurisdictions allow for service by posting notice to a local newspaper or law journal if they cannot find you.  This is common.  Personal service is not required to proceed with a case.  If you were unaware of this, you should do a little more research before throwing the BS card.

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It is virtually impossible that this person could have been served and not known it if her current address is on the petition.

 

Rule 21a applies to motions, pleadings, writs etc. Look at Rules 103-106.  If the original petition is served by mail it must be via certified mail with the person being served signing for it.  Any other methods of service must be specifically designated by the court. 

 

If the person cannot be found "upon motion supported by affidavit stating the location of the defendant ’s usual place of business or usual place of abode or other place where the defendant can probably be found and stating specifically the facts showing that service has been attempted under either (a)(I) or (a)(2) at the location named in such affidavit but has not been successful, the court may authorize service

(1) by leaving a true copy of the citation, with a copy of the petition attached, with anyone over sixteen years of age at the location specified in such affidavit, or

(2) in any other manner that the affidavit or other evidence before the court shows will be reasonably effective to give the defendant notice of the suit."

...so if she is residing at the address on the lawsuit then how could she be unaware of being served?

 

I too live in Travis County and was once served in March for a suit that was filed in November.

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Pretty much all States and jurisdictions allow for service by posting notice to a local newspaper or law journal if they cannot find you.  This is common.  Personal service is not required to proceed with a case.  If you were unaware of this, you should do a little more research before throwing the BS card.

True, but in Texas only if their address is unknown-  TRCP Rule 109.  Again, the OP stated that her current address is on the lawsuit papers so unless she is lying to us her address is definitely known.

 

The BS card was thrown because that is what,  "Texas does not require you receive it only proof they mailed it and the proof can be pretty skimpy at that" is.

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My first post told the OP that they very well may have been "sewer served"  and they should NOT proceed to assume there was no service. Many Texas courts subscribe to the idea that if its mailed its received. Easier to Answer than deal with getting a Default set aside.

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My first post told the OP that they very well may have been "sewer served"  and they should NOT proceed to assume there was no service. Many Texas courts subscribe to the idea that if its mailed its received. Easier to Answer than deal with getting a Default set aside.

Sewer served based on what?  If she pulled up the case on the Travis County website she would have also seen that it had been served if it truly had been.

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OK Tandemchick, you do not need to answer or send in anything at this point until you have been served.  Take the time you have now to extensively read through the Texas cases on this board and to learn the rules and procedures.  Since the suit was filed in the county court in one way you are starting off good because both of the judges in the Travis County civil courts hate JDB's as much as we do.

 

I am very familiar with Anh Regent.  He is more of a pain than most JDB attorneys because he will typically file a lawsuit and let it sit idle for months or even a year or more and then after you have all but forgotten about it spring it back into action with a Motion for Summary Judgment.  He will answer your discovery with the typical JDB jargon and objections then it may seem like you never hear from him again so you always need to have a response to the MSJ ready.  

 

Above all don't worry about it or let it get to you.  You may indeed owe this debt to Bank of America but you do not owe anything to Cavalry and since they have not shown any proof of owning the debt it is highly unlikely that they have anything that is admissible in court.  Do not answer any calls from Regent & Associates.   You will probably be receiving letters from them with offers to settle for less.  Do not respond to any of them.  Also the lawyers that get your information from the court records and send you solicitations are not good lawyers- they are more interested in negotiating a settlement than beating the JDB.  If you are considering hiring an attorney send me a PM.  I know one locally who is among the best and has never lost a JDB case. 

 

Let us know when you are served.

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