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Served summons by Calvary SPV in Georgia


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Who is suing you? Calvary SPV I, LLC as assignee of FIA Card Services, N.A. aka Bank of America

2. For how much? $6,000.00

3. Who is the original creditor? Bank of America

4. How do you know you are being sued? I was issued a summons

5. How were you served? Were you served? Yes I was served by a police officer at my home

6. What was your correspondence (if any) with the people suing you before you think you were being sued? They were sending me letters and calling, but I did not respond

7. Where do you live? Georgia

8. When is the last time you paid on this account? It was 8/2011

9. What is the status of your case (if anything has been opened)? You can find this by a) calling the court or looking it up online (many states have this information posted daily). Small Claims suit filed. Nothing opened as they are awaiting my answer

10. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No, with neither. The collection showed up on my credit a month ago.

11. Did you request debt validation before the suit was filed? If not, don't bother doing this now.

No I did not. Many regrets now!

12. Does your summons require a response? (Look hard!) If you don't get a questionnaire with your summons, you are still probably required to answer it in writing. 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? Yes, required to respond by 7/20/2014.

 

This is the Statement of Claim

 

Defendant is a resident of_______and is subject to the jurisdiction of this court. Defendant is indebted to Plaintiff in the principle amount of $6,000 balance due on account. Plaintiff is entitled to interest on the aforesaid principle sum in the amount of $6,000, plus additional pre-judgment interest at the rate of 0.00% per annum from March 2014, $.00 dollars as attorney’s fees plus $95 costs of court, for a total of $6,095 plus post judgment interest at the rate prescribed by law. The said claim is in the amount of $6,095, and all future costs of this suit. See exhibit A which evidences the substance of this matter and is incorporated herein by reference.


13. What evidence did they send with the summons? Exhibit A-1 which is a Bill of Sale and Assignment of Loan between Calvary SPV I, LLC and FIA Card Services. ExhibitA-2  a few typed lines that have purchase Date Acct No Contract Date Orig_Last_Pay_Date , Initial Balance ATLAS.FN_Full_Name (RR.Name_U)   SS_No, 3 different dates, FIA Card Services, NA, and dollar amount and my name. Exhibit A-3 FIA card statement including interest and late fee from 2012.

Exhibit A-4 a document entitled IMPORTANT INFORMATION ABOUT THIS ACCOUNT about paying interest, payments and customer tips for disputed items. Exhibit A-5 another statement from FIA that highlights interest charged and total of interest and fees in 2012. Alsoa box with 2012 Totals Year-to-date

14. What is the SOL on the debt? SOL in GA is 4 yrs.

 

I have read a lot on these forums and hope there is light at the end. I am willing to learn and put forth the effort but need guidance.

I have not paid on this account or discussed this account with anybody. Any help is greatly appreciated!!!! I am a single mom who is not able to retain an attorney, however if you think that it is my only option I will have to revisit.

Thank you in advance for all of your help!!!
_________________________________


 

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14. What is the SOL on the debt? SOL in GA is 4 yrs.

 

SOL on credit card debt in GA is 6 years either way they are WELL within the SOL so that defense is not available to you.

 

What county in GA is this in?  It makes a difference.  Also what law firm is handling this?  Is it Fred Hanna?

 

Magistrate Court in GA does not allow discovery, RFAs, or interrogatories so all you need to do right now is answer with a denial.  You can do so in writing or show up to court and appear and answer.  Written is best as it gives you documentation that you did answer the court.  

 

I used to live in GA and once I know what county and what law firm I can better advise you on what to do next.

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SOL on credit card debt in GA is 6 years either way they are WELL within the SOL so that defense is not available to you.

What county in GA is this in? It makes a difference. Also what law firm is handling this? Is it Fred Hanna?

Magistrate Court in GA does not allow discovery, RFAs, or interrogatories so all you need to do right now is answer with a denial. You can do so in writing or show up to court and appear and answer. Written is best as it gives you documentation that you did answer the court.

I used to live in GA and once I know what county and what law firm I can better advise you on what to do next.

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Not sure if this information is important but I also recieved letters for this account from the following JDB's.

 

Firtsource beginning 3/2012

Northstar Location Services, LLC from 9/2012

ARS National Services from 4/2013

Calvary Porfolio Services from 1/2014

 

Any help, please!

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Calm down.  Okay, so it isn't Freddie Hanna and it is in one of the more rural counties. 

 

You need to start studying  your rules of civil procedure and be prepared to appeal to Superior Court.  The rural magistrates are often members of the good old boy network and simply give these bottom feeders what ever they want. 

 

Most consumer attorneys will do an inital consultation for free.  Given that this debt has been sold multiple times you might be able to hire one to make it go away for a reasonable sum and if I had to pay someone it would be my lawyer rather than these scumbags.  Try www.skaarandfeagle.com  or Steve Koval.  They are in the metro Atlanta area but if they can't help they can recommend a colleague who can.

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Columbia County is Evans, Georgia (pop: 135,000) next to Richmond County, Augusta Georgia. In your experience are favorable judgements not the norm for rural areas?

 

I actually lived in Augusta for a couple of years.  Depends on what you think is favorable.  If the Plaintiff winning is favorable then yes, if your losing is favorable also a yes.  The problem in the smaller counties like Columbia is the magistrate most likely has little to no training in the law.  In the larger counties like Gwinnett, Cobb, Fulton etc.  the Magistrate is an actual lawyer or Judge and they at least follow the law.  The smaller county magistrates tend to favor their buddies and the party they know.

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I'm not sure that's the case. The first three appear to be collection agencies. I've had letters from two of the three on a debt that went from OC to first-and-only JDB.

 

Doesn't mean it can't be used to challenge standing to sue.  "Your honor I have no idea if this debt is even mine or who to pay as 5 different businesses have all claimed that I should pay them."

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This is from another GA thread:

 

 

Hi guys! i lost my case this morning unfortunate. They allowed the affidavit and the statements that the plaintiff provided into evidence. Now i need to file an appeal and will need your help. The attorney of JDB went first and provided those evidence and i objected all the evidence but the only mistake that i may have done was not requesting the copies of the affidavit and business record when the plaintiff sent something in the mail that i can receive them upon request. Those were the evidence that i could not argue against effectively. Well when i started my defends, the Judge was very impressed and asked me if i had ever attended a law school. So i thought i was doing great but she still went against me. Any suggestion will be appreciated.

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Really sorry to hear that Debtzapper. I am in process of discussing my options with an attorney. There doesn't seem to be discussion of cases being litigated in Georgia that offer much insight.

Where in GA was your case?

 

The case he quoted from was through the Fred Hanna law firm and in Fulton or Gwinnett County.  Most likely Fulton.  Gwinnett no longer falls for Hanna's crap.

 

If you can hire an attorney at all do so.  I would rather pay my lawyer than the scum bags.

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@sailfish1 debt zapper was quoting another GA person. The threads and quotes she posted are in an effort to show you what the JDB will likely try, and prepare you to be ready for that argument. They are beatable but you need to learn what it takes for them to win, and how you can defend against it. I believe the one from norm in ga he appealed, and ended up with a " favorable settlement" by the JDB if he would drop the appeal. He couldn't discuss the terms of the settlement, but I would bet he didn't end up paying them a dime.

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My last post was from a GA poster who wished he had reqjuested copies of the affidavit and business record during discovery when he could have examined and maybe poked holes in it.  He didn't and the judge allowed it and that, among other reasons, cost him.

 

You would really do well to get legal representation like the law firm of Skaar and Feagle.  At least call them for a free consultation and evaluation of your case.   Jim Feagle handled a FDCPA case for me and he is not only an excellent lawyer, he is a very pleasant person to talk to.   Their law firm has a national reputation.

 

But if you are determined to go it alone, you need to spend some serious time studying GA law and procedure.

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I appreciate the advice.

I have emailed both Feagle, Steve Koval and Wm Nelson with hope to get advice and direction.Do you have an idea of their costs after the initial consultation?

There was no affidavit included with the "Bill of Sale and Assignment of Loans". And of course no identifiable link to the account.With the new rules of evidence does it mean defendants have no recourse in the Georgia  court system?

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I appreciate the advice.

I have emailed both Feagle, Steve Koval and Wm Nelson with hope to get advice and direction.Do you have an idea of their costs after the initial consultation?

There was no affidavit included with the "Bill of Sale and Assignment of Loans". And of course no identifiable link to the account.With the new rules of evidence does it mean defendants have no recourse in the Georgia  court system?

 

I do not know what their costs are but they are all very transparent and up front about what your cost will be so no fear they will definitely tell you.

 

Georgia defendants have recourse but how much of it they have to use depends greatly on which county they are in.

 

I didn't notice you said you emailed at first.  DO NOT email those "contact us" mail boxes are usually not monitored.  Call the firms.  Many will do the first consultation by phone.

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I appreciate the advice.

I have emailed both Feagle, Steve Koval and Wm Nelson with hope to get advice and direction.Do you have an idea of their costs after the initial consultation?

There was no affidavit included with the "Bill of Sale and Assignment of Loans". And of course no identifiable link to the account.With the new rules of evidence does it mean defendants have no recourse in the Georgia  court system?

 

Better to call them,  I will PM you will Jim Feagle;s direct phone number

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  • 3 weeks later...

sailfish1,  

 

Did you send in your answer to the claim by the due date?  Is this case in Magistrate court?  

 

What you described in your posts is the typical JDB tactic.  They send you a summons, claim, and a few documents that are intended to scare you but in fact do not show that JDB is the legal "owner" of the debt.  In rural counties, they typically use a sheriff deputy or other officer to service the summons, also intended to scare you.  

 

Let me know where you are in this case.  I will be happy to add my 2 cents.

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Thank you so much for your help NorminGeorgia and debtzapper. I need all the help I can get!

I did respond to the summons. Here it is...I am awaiting a reply. And yes a sheriff did serve me but I am up for the fight. I am sure it will be soon. What are your recommendations? I know you were one of the few to win here in this "good ole state"!

 

 

IN THE MAGISTRATE COURT OF COLUMBIA COUNTY

STATE OF GEORGIA

 

 

Cavalry SPV I, LLC,

}

        FILE NO.:

Plaintiff

}

 

 

}

 

vs.

}

ANSWER AND AFFIRMATIVE

 

}

DEFENSES

,

}

 

Defendant

}

 

 

 

 

 

ANSWER

 

Defendant,__________hereinafter “Defendant”), for his/her Answer to the Complaint, states as follows:

  1. Defendant admits she is a resident of COLUMBIA County and is subject to the jurisdiction of this Court
  2. Defendant is indebted to Plaintiff in the principle sum of $5,925.37, balance due on account. Defendant objects to this statement to the extent that it assumes disputed facts and facts not in evidence that there is an account and that the account is valid, and that is due and owed to plaintiff.  Without waiving forgoing objection, defendant denies.
  3. Plaintiff is entitled to interest in the sum in the amount of $.00, plus additional pre-judgment interest at the rate of 0.000% per annum from the date April 29, 2014, $.00 dollars as attorney’s fees, plus $95 costs of court, for a total of $6,020.37 plus post judgment interest at the rate prescribed by law. Plaintiff’s statement is conclusory and offered without admissible evidence.  Defendant is without information of knowledge sufficient to form an opinion as to the truth or accuracy of the allegation therefore defendant denies.
  4. The said claim is in the amount of $6,020.37 and all future costs of this suit.

Defendant objects to this statement to the extent that it assumes disputed facts and facts not in evidence that there is an account and that the account is valid, and that is due and owed to plaintiff.  Without waiving forgoing objection, defendant denies.

  1. See exhibit A which evidences the substance of this matter and is incorporated herein by reference. To the extent a response is required, defendant is at this time without knowledge or information sufficient to form a belief as to the truth of the allegation contained therein and on that basis generally and specifically denies the allegation contained therein and leaves the Plaintiff to provide proof. Defendant demands strict proof thereof

 

AFFIRMATIVE DEFENSES

 

The Plaintiff lacks standing to pursue any claim and/or cause of action arising from and/or relating to the alleged “credit card account” and/or alleged “balance”

 

     ________________________________________________________________________________________________________________________________________________________

 

            WHEREFORE, Defendant _______ demands judgment dismissing the Plaintiff’s complaint, and for such other and further relief as to the Court may seem just and necessary, together with costs and disbursements of this action.

Dated:

                                                                        ___________________________ [signature]                                                           

 

 

 

CERTIFICATE OF SERVICE

 

A copy of this Answer was served upon Plaintiff’s attorney at the following address: Sherwin P. Robin & Associates, P.O. Box 9541 Savannah, Georgia, 31412 by ordinary U.S. Mail, this 19th day of July, 2014, and upon the Defendants at the address listed in the Complaint.

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