Sued by CAVALRY SPV I, LLC / SUTTELL & HAMMER in WA

[sasha0378]

Entering this info for reference. If anyone has a similar situation/experience in WA, please let me know

 

 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.)
 SUTTELL & HAMMER, LLC

 

 3. How much are you being sued for?
 AROUND 11,000 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?)
 SERVED WITH SUMMONS/COMPLAINT

 

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

 

 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?
 CAVALRY SENT A LETTER WITH A DEMAND TO PAY IN FULL OR THEY WOULD SUE TWO MONTHS AGO

 

 9. What state and county do you live in?
 KING COUNTY OF WA

 

 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations)
 SEP 2010

 

 11. What is the SOL on the debt?
 6 YEARS IN WA

 

 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).
 RECEIVED SUMMONS AND COMPLAIN - ANSWERED TWO DAYS LATER, READING FURTHER ON WHAT TO DO NEXT

 

 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.
 DID NOT

 

 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?
 ALREADY DID

 

 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits.
 NAME ON THE ACCOUNT, LAST FOR DIGITS OF ACCOUNT NUMBER, NAME OF THE CREDITOR: FIA, AMOUNT IN DEFAULT. NO EVIDENCE BESIDES

 

[sasha0378]

Lost the case on Summary Judgment, despite filing an opposition to MSJ. The judge was not impressed with the standing issue or lack thereof. I don't want to spread an idea of defeatism, but it seems like the combination of an affidavit, a bill of sale and statements from OC is deadly for it does the job for the plaintiff (three recent cases total I know of). Three options left: settlement (no much luck expected with the judgment though, appeal and bankruptcy).

 

It would be great to know of someone winning on appeal.

 

Somebody, please move this to "Is there a lawyer...", will you?

[BV80]

@sasha0378

 

If your appeals court would be Division 2, you need to read Unifund CCR Partners v. Sunde:

 

http://scholar.google.com/scholar_case?case=6881248198285580411&q=%22UNIFUND+CCR+PARTNERS+v.+Sunde%22&hl=en&as_sdt=4,48

[sasha0378]

@sasha0378

 

If your appeals court would be Division 2, you need to read Unifund CCR Partners v. Sunde:

 

http://scholar.google.com/scholar_case?case=6881248198285580411&q=%22UNIFUND+CCR+PARTNERS+v.+Sunde%22&hl=en&as_sdt=4,48

@BV80, thank you, this explains a lot. I wish I had read it earlier...

 

 

 

UPDATE: Actually, I think I have an appeal case. The link provides:

Accordingly, we hold that the trial court did not err when it found Unifund established standing by proving assignment.^[1]

^...

Here, Sunde failed to file any affidavits in support of his opposition to Unifund's motions for summary judgment. He did not challenge any of the affidavits submitted in support of Unifund's motions on the ground that the affiants lacked personal knowledge of the facts or statements made therein. Nor did Sunde object to or move to strike the statements in those affidavits about information contained in the business records of the original creditors or any of the exhibits attached to the affidavits on the grounds of hearsay...

 

I did challenge the affidavits on the ground of affiant's lack of personal knowledge. I did move (not separately, but in the same motion in opposition) to strike the credit card statements on the grounds of hearsay. The judge simply ignored it.

 

 

Thoughts?