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Being sued by CAVALRY SPV I, LLC in washington state.


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I was severed last saturday (Aug. 9th). I just found this form and have been reading as much as I can when I have time.

I really don't have any knowledge about this kind of stuff so please let me know what kind of options I have, and what I should do next.

 

From my reading I need to respond and file an "appearance"  along with a filing an "answer to summons" What should these look like??

 

Thanks for any help.

 

 

my questionnaire 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.)

David B. Schumacher, PC (Portland, OR)

 

3. How much are you being sued for?

$1049.91, Plus interest of $197.80, And attorneys fees of $300.00

 

4. Who is the original creditor? (if not the Plaintiff)

HSBC Nevada, N.A. / Orchard Bank

 

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

Served with summons paper.

 

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

In person.

 

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

To my knowledge.

 

8. What was your correspondence (if any) with the people suing you before you think you were being sued?

None at all that I can remember.

 

9. What state and county do you live in?

Washington state, Whitman county.

 

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

Sept 2011

 

11. What is the SOL on the debt? To find out:

I believe it is 6 years for WA CC 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).

Summons was delivered, that's it.

 

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

 

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?

Says 20 days after the service or summons. (Aug. 9th) So 14 days

 

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

Nothing at all. Just the summons

 

Any help would be much appreciated. At this point I've been doing so much reading that, to be honest, I am sort of lost in a sea of information. I am not sure what/how to do what I need to next..  

 

Thank you.

 

Also, I attached a copy of the summons for review if needed.

 

Suit docs.pdf

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Feel like I'm just shooting from the hip. But, how am I doing so far?? Let me know what you guys think about my answer. Thanks.

 

 

IN THE WHITMAN COUNTY DISTRICT COURT

IN AND FOR THE STATE OF WASHINGTON

 

CAVALRY SPV I, LLC

Plaintiff

Vs.

My name

Defendant

 

Case #

 

DEFENDANT’S ANSWER TO PLAINTIFF'S COMPLAINT

 

Now comes the defendant for answer to the complaint and states as follows:

 

I. Plaintiff is a legal entity licensed in Washington and is authorized to bring this action.

Response: Paragraph 1 of the Complaint states a legal conclusion for which no answer is required. To the extent that an answer is required, Defendant denies the allegations of Paragraph 1 of the Complaint.

 

II. The defendant, me, is believed to be a married individual and as such incurred the below-referenced separate and community obligation. Defendant resides in WHITMAN County, Washington.

Response: Paragraph 2 of the Complaint is denied in part and admitted in part.

A. Defendant denies he is married.

B. Defendant admits he resides in Whitman County.

 

III. That the defendant entered into a Credit Card Account Agreement with the plaintiff’s assignor on account ending in 1593

Response: Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations in Paragraph 3 of the Complaint, and therefore denies the same.

 

IV. That the defendant defaulted on the terms of said account failed and refused to pay the amounts due. And is now owing to the plaintiff the sum of $1040.91, plus interest in the amount $197.80

Response: Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations in Paragraph 4 of the Complaint, and therefore denies the same.

 

V. Plaintiff may be entitled to reasonable attorney's fees and cost either by contract for bringing this action.

Response: Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations in Paragraph 5 of the Complaint, and therefore denies the same.

 

As to all remaining allegations of fact in the numbered or unnumbered parts of of the complaint not specifically admitted, Defendant denies all such allegations. As to all remaining allegations which call for a legal conclusion, Defendant lacks sufficient knowledge or expertise to respond to such legal conclusions and, therefore, denies them.

 

AFFIRMATIVE DEFENSES
By and for his Affirmative Defenses, Defendant states:

 

First Affirmative Defense

1. Plaintiffs’ Complaint fails to state a claim upon which relief may be
granted against defendant.

 

Second Affirmative Defense
2.Plaintiff is not the legal holder of the alleged debt and therefore is not the real party in interest; this action should be dismissed for lack of standing.

Third Affirmative Defense

3. Plaintiff’s complaint is not properly verified and is not grounded in fact because it does not exhibit the alleged contract the debt is based upon, a valid statement of account, nor any valid assignment that gives Plaintiff legal title to the claim.

 

 

Forth Affirmative Defense
4.Plaintiff in filing this Complaint has not produced a copy of the executed agreement it seeks to enforce.

 

Fifth Affirmative Defense
5.Defendant reserves the right to plead additional defenses or cross-claims or counter claims that may be identified during the Defendant's investigation and/or course of discovery.

Respectfully submitted,

 

WHEREFORE, Defendant prays that this Court find judgment for Defendant,
deny Plaintiffs’ request for the relief of $1040.91, deny Plaintiffs’ request for interest, deny Plaintiffs’ request for costs, deny Plaintiffs’ request for attorney’s fees and deny Plaintiffs’ request for any relief. Defendant further prays that this Court hold that Defendant is the prevailing party, and dismiss Defendant with prejudice.


CERTIFICATE OF SERVICE

On August 18, 2014, I caused the foregoing instrument to be served by mailing a copy to all counsel of record in this case as indicated below:

 

Attorneys name and address here
 

By Certified U.S. Mail, Return Receipt Requested By U.S. Mail.

 

My Name here

my address

my phone

 

 

 

Also. Would now be a good time to request discovery as well?? If so, how should I go about that??

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Hi, A good start.  affirm defenses.  Leave in #1  #2   Plaintiff lacks standing to sue the Defendant, as the Defendant has caused no harm to the Plaintiff.    #3  Take out   #4  Take out   # 5  Take out   Also in the answer you do not ask for relief. In other words take all that out as well.

 

You are only answering the complaint. You cannot ask for judgment.  And in discovery they will send you what they have.  And you will request stuff.  Send a new version of the answer when it is done.  And also start by reading the washington rules of civil procedure if you are in justice court  google justice court rules for civil procedure in washington state. It should walk you through the timelines and guide for how to procede with the paperwork. In my state the answer form was online.

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