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IS MY COMPLAINT VERIFIED?

 

Hello all! So, I've been looking through these forums and they just seem so awesome and helpful! I've been searching for a case similar to mine and I believe I found a very helpful one here: http://www.creditinf...a/#entry1202922 BUT… I need to know If my complaint has been verified.

 

The filed Complaint itself has no mention of the statement "I declare under penalty of perjury of the laws of the State of California that the foregoing is true and correct this date…" - the only place where that statement is present is on the Statement of Venue - so is this considered as a verified complaint?

 

All that is present in the Statement of Venue is:

I, the undersigned, hereby declare that: (1) The contract herein sued upon is hereinafter called and referred to as "the contract". (2) This action is filed in the judicial district in which: One of the defendants currently resides.

 

Is this a verified complaint?

 

Thank you all so much for your help!!

 

P.S. I'm still looking into when my last payment was and I will update by tomorrow with that 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.) 
Winn Law group


3. How much are you being sued for? $2563.46

4. Who is the original creditor? (if not the Plaintiff) FIA Card Services, NA/Alaska Airlines (Bank of America)

5. How do you know you are being sued? (You were served, right?) Was served.

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

7. Was the service legal as required by your state? I believe so.

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? None.

9. What state and county do you live in? Sacramento County, Sacramento California

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? Since its Bank of America I believe that it's 3 years

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). 
Summons Filed - Proof of Service of 30-Day - Summons and Complaint filed as of 4/10/14


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. No. And 'tis 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? 

 

Have 30 days from 4/10/14 - or is it from the day I was served, which was the 4/8/14?


Claiming that no part of the $2500 debt was paid to the plaintiff.

"Within the last 4 years, Defendant became indebted to original creditor (see answer to question 4) in the sum of $2563.45 for money lent to or paid out… Neither the whole or any part of the above sum has been paid.

 

Judgments prayed for by plaintiff: (1) Principal of damages in the sum of $2563.45 (2) Costs of Suit (3) Such other relief as the Court may deem just and proper.

 

No questionnaire.

16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits.

 

No affidavits, no statements from OC, no contract, nothing attached as an exhibit

 

Again, thanks so much for your help!

 

 

 

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A verification for the Statement of Venue does not equal a verified complaint. Sounds like this is unverified.

 

You have 30 days from the date you were served (4/8).

 

Still not sure what the charges are? (ex. Account Stated, Open Book, Unjust Enrichment, etc.)

 

Yes, the AstMedic thread you mentioned is an excellent place to start your education. Get to know it well, as well as some of the threads it links. Your #1 priority is to answer the complaint by day 30. Since it's unverified, this can be as simple as a one or two page form (found on the CA courts website) with a few check marks and a signature.

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They may be claiming Delaware law applies in the terms, if you have a copy or get them in discovery. Then you could argue that Delaware SOL applies. It's not so much as where the bank is located, but what it states in the terms. If this may be the case then you may want to assert "SOL time barred" as an affirmative defense in your answer. If you can't prove it later it won't be a big deal, but if you don't assert it now (in your answer) you may waive the right to the defense.

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So I'm still looking into the the date of my last payment - I'm pretty sure it was over 4 years ago so the SOL bank location issue may not matter (but thanks for the info Anon and BV80!).

 

I am currently filling out my General Denial and am looking for input on what I should put in the affirmative defense section. As of now I am thinking of putting: "Plaintiff’s claims are barred by the statute of limitations." and "Plaintiff lacks standing to sue."

 

Is this fine?

 

That's all I can think of and I don't want to over do it.  

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So I am reading mambear's post and I keep seeing "BOP" and am wondering what the heck that is… I couldn't find anything on what that could mean (do I even need to worry about this?). 

 

Also, I am filling out my POS form right now and am planning on mailing my answer to the plaintiff, so should I use POS-030, or POS-040? (I'm thinking POS-030)

 

And where it asks for the "Name of Person Served" do I list all of the attorneys that are on the complaint, or just the one that actually signed? (This seems like a dumb question to me, but alas I'm paranoid and don't want to mess it up).

 

​I also read here that the best way to file this GD and POS is to "take the signed GD and make two copies. You take all three to the courthouse, file the original, and get the other two stamped. Then your spouse fills out the POS and makes 2 copies. Put one copy in with the GD to mail to the plaintiffs attorney. Then you go to the courthouse to file the original of the POS. In this way you have circumvented the Catch 22 aspect. However, it means two trips to the courthouse." Would you agree?

 

Again, I am very appreciative of all your replies!

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I would really consider filing a counter claim if I were you.  You do have to pay a seperate filing fee, but it will be well worth your while.

You list the plaintiff, not the attorneys.  So in your case it would be calvary.

 

Go up and read the thread pinned at the top of this forum by ASTMedic, "how I beat midland"  You are going to want to study that thread.  There is a sample BOP, download it and fill in your info and send it off CMRRR to the plaintiff at the attorney's address.  That thread will show you one way to go about fighting this case, there is also one by homelessinca that will show you another.

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oh and in answer to your question, I always get my paper stamped, by the court, and file the POS, then immediately go mail it.  saves you a trip.  (or I guess in cali you have to have someone else mail it for you) Otherwise, yes you need 2 trips to the court.

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Thanks shelliah98!

 

For future readers: This is where I found seadragon's awesome BOP template (which stands for Bill of Particulars btw) - you have to scroll down quite a bit, but you'll see it ;)

 

So I have been reading that thread by ASTMedic and I didn't find anything about BOP, unless that is what he calls the "Request for Production of Documents," is this the same thing?

 

And again, because I will be mailing my GD with POS, I can use POS-030 right (because this form is specifically for Proof of Service by First-Class Mail)?

 

And where you (@shelliah98) say: 

 

 

You list the plaintiff, not the attorneys.  So in your case it would be calvary.

 

Does that mean I put the plaintiff's name (i.e. Cavlary) everywhere on the POS where it asks for "Person Served," not the attorney's? It's just a little confusing to me, but perhaps I am just over thinking it. 

 

When I address the envelope to mail my GD and POS, do I put the Plaintiff's name, and then the attorney's address on the envelope, or the attorney's name? This is where I am getting confused. There's just so many names that it's hard to keep track of which goes where. I see the attorney's name, the plaintiff's name, the name of the law firm… so many names… How should I address the envelope?

 

So to sum up the questions I would answers to:

- Can I use POS-030?

- Do I put plaintiff's name everywhere on POS where it asks for Person(s) served?

- How do I address the envelope (whose name(s) am I using on it)?

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ASTMEDIC didn't use the BOP, and it is not the same as the RFP's.

Use the POS 0-30.

You can put plaintiff as the one being served.

Send it to the lawyer at the law office.

Research discovery; request for production of documents. You will probably need to do that after the BOP.

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Ok first thing first, Calm down you are in good hands. you don't have to rush things. Take your time filing your answer and coming up with your defenses, i would recommend you file your answer on Friday 6/6 along with BOP (unless you want to send it before). you don't have to be in hurry, rather use the time to your advantage. 

 

This is regarding sending BOP why this is better than starting Discovery http://www.creditinfocenter.com/community/topic/309078-motions-to-compel-bop-vs-written-discovery-in-cal/#entry1115890

 

Again you shouldn't be eager to get the the trial date set soon and starting discovery. Hammer them with BOP request, then meet and confer and file a motion. After filing your answer and serving them with BOP, you will receive their request for production of documents, Admission and such. It will be easy on you to answer, deny and object those on the grounds that they have failed to respond properly to your BOP request. Less work in my opinion.

 

See page 42 for POS-30 example: http://www.saclaw.org/uploads/files/Step-by-Step/ans-k.pdf

 

make sure someone else (spouse/friend, roommate) address and name is on POS30, unless your spouse/person live with you. make two copies of it, keep original with you, and attach one copy to each copy of your answer (1 for court, other that's going to the attorney's office).

 

Also i would suggest that you don't list your Phone (cell) number unless you want it to be public. you can file answer without having to list your phone #.

 

on my CMRRR  (green color) card i usually write this:

Attorney name

Attorney for [Plaintiff name]

their address

city, state zip

 

on the back side where i write my name in a corner i write note of the docs i sent like (BOP). this way it's easier to look back through cards n see when you served them and when they received it, for the motion and such.

 

 

@NeednSomeHelp don't search or read threads on discovery RFPOD, RFA. Right now you just need to focus on your answer and BOP. you'll have plenty of time to do that once you file your answer.

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oh and in answer to your question, I always get my paper stamped, by the court, and file the POS, then immediately go mail it.  saves you a trip.  (or I guess in cali you have to have someone else mail it for you) Otherwise, yes you need 2 trips to the court.

Not really, you just need to have the POS-30 filled and signed by someone else, and tell the clerk that you are going to mail this right after you file the docs with court. also it depends on the court clerk, some wants to see the CMRRR card attached on the envelope. 

BOP doesn't need to be stamped or filed with the court but i did since i was already there filing my answer.

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So I'm still looking into the the date of my last payment - I'm pretty sure it was over 4 years ago so the SOL bank location issue may not matter (but thanks for the info Anon and BV80!).

 

I am currently filling out my General Denial and am looking for input on what I should put in the affirmative defense section. As of now I am thinking of putting: "Plaintiff’s claims are barred by the statute of limitations." and "Plaintiff lacks standing to sue."

 

Is this fine?

 

That's all I can think of and I don't want to over do it.  

you can use these three, easy enough to defend and understand. 

Failed to state the basis of the lawsuit: They did not cite an actual state law that was violated.

Debt is time-barred: The statute of limitations has passed.

Plaintiff lacks legal standing: The plaintiff has failed to provide legal evidence that they are legally entitled to collect the debt. (This happens when a debt collector cannot prove they purchased or were assigned the debt)

The plaintiff has not proven the debt is valid or the amount of the debt is accurate. The plaintiff must prove that the principal, interest, collection costs, and attorney's fees are all correct, agreed to in your contract, and lawfully charged. Defendant also insists that the plaintiff come up with the contract, account statements and purchase receipts to prove the amount of the debt. (this is where BOP comes handy)

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Hi, I have been reviewing this forum and decided to join your topic, I have been battling with some attorneys office regarding Cavalry Spv LLC. since 2009, I have paid off a debt with HBSC Beneficial in california back in 2007, however I had been harassed by attorney office Mannbracken to make payment on a balance that was PIF already. Beneficial went Bankrupt in 2009, in between 2007 and 2009, I had been fighting with Beneficial validating debt with proof of advancements and so forth, but still made payments as I did Not want a garnishment against me, once the account was charged off to Mannbracken, attorney I was served with summons and was forced to settle or pay monthly payments, I agreed as once again I did not want to be in garnishment phases. I had submitted proof of cleared check and once they went BFK, they sold debt ( I assume to Cavalry), I never received a letter from Cavalry, and then couple months later i received a letter from attorney office Bishop, White, Marshall in Washington, for same debt from Beneficial, forced to once again make payment arrangements until I can prove the PIF cancelled check, so for a year and half I made payments to this Attorney office, finally I got a smart person in this attorney office to take action and investigate my case, file was dismissed from their office sent back to Cavalry, and now in another attorney office, in which I have forward a letter explaining the same situations a previous attorney offices. 

 

My question is how the heck do I get Cavalry to stop sending this debt to different attorney office and accumulating more interest on this debt that doesn't even exist? I need a class action attorney asap, my credit is F...ed up and I am now getting angry with this issue. 

 

Any help will do, Thanks in advance!!

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