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Being sued by Cavalry SPV for old Chase CC debt

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I was served about a week ago and discovered that Cavalry SPV is suing me for a debt they bought from my old credit card with Chase.

The balance I'm being sued for is $5,450.53.

The account was charged off on 7/2/2010.

 

I lived in California when I opened the account (in '07), then in Washington state at the time of the charge-off, and I now live in Tennessee (and have for the past two years).

I understand that the SOL with Chase is 3 years because they're based in MD, but I'm not sure how my state of residency and my moves affect that timeline.

 

Trying to figure out my best course of action. I already had gone through the validation process with a different JDB on this same debt and that got rid of them. However, this is my first time actually being served/sued. I have had no correspondence with Cavalry yet.

My court date is November 21...so I need to figure out my response. I'd be willing to settle if absolutely necessary...I guess I'm trying to figure out if I have enough ground to stand on to fight it. 

Would greatly appreciate any advice/insight. Thank-you!

 

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Here is what the Summons says:

State Of Tennessee, County Of Davidson

Plaintiff:
Cavalry SPV I, LLC as assignee of Chase Bank, N.A. (WAMU)

c/o Christopher Conner, P.O. Box 5059, Maryville, TN 37802-5059; Telephone (865) 984-1268

Defendant: 
(my name and address)


To Any Lawful Officer to Execute and Return:

Summon (my name) to appear before the Metropolitan General Sessions Court Of Davidson County, Tennessee, to be held in (courtroom and address), Nashville, Tennessee, on November 21st, 2014 at 8:45am, then and there to answer in a civil action brought by the Plaintiff(s) for:

payment not received in the amount of $5450.53 plus interest and attorney's fees, if applicable, as evidenced by the Sworn Account or Affidavit attached hereto and the costs of this action less any payments received plus expenses as they continue to accrue under $25,000.

-------

 

Here is a copy of the Affidavit of Claim.

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AFFIDAVIT OF CLAIM

STATE OF NEW YORK

 

COUNTY OF WESTCHESTER

 

RE: Cavalry SPV I, LLC, as successor to Chase Bank USA, N.A. (WAMU)
vs.
(my name)

I, (Cavalry employee's name), being duly sworn on oath, depose and say:

1. I am employed by Cavalry Portfolio Services, LLC ("CPS"). CPS performs collection services for Cavalry SPV I, LLC ("Plaintiff"). I am an authorized agent for Plaintiff and am a competent person more than eighteen years of age. I am authorized to make this affidavit for Plaintiff.

2. I am familiar with the manner and method by which CPS and Plaintiff create and maintain business records pertaining to the Account as defined below.

3. In the normal course of business, CPS and Plaintiff maintain computerized account records and documents for account holders. CPS and Plaintiff maintain such records in the ordinary and routine course of business and it is their regular business practice to accurately record any business act, condition or event onto the computer record maintained for the accounts, with the entries made at or very near the time of any such occurrence.

4. I have access to an have reviewed the applicable records of CPS and Plaintiff as they relate to the Account, and I make this Affidavit based upon information from that review Information contained in those records reflects the following:

 

     a. That the Account was purchased by Cavalry SPV I, LLC on or about 07/02/2013. The original creditor is Chase Bank USA, N.A (WAMU).

 

     b. That the Defendant, (my name), the account holder(s), opened an account on 05/28/2007, which account was charged off on 08/31/2010 (the "Account").

 

     c. That as of 08/19/2014, the records of CPS and Plaintiff show that the defendant owed a balance of $5450.53.

 

     d. That the Defendant is not an infant or incompetent.

5. Based on a review of the Department of Defense database, the Defendant is not a member of the United States Armed Forces who would be entitled to stay relief.

6. I certify under oath that to the best of my knowledge the above statements are true and correct.

Subscribed and sworn to before me on 09/11/2014
(Legal Administrator's and Notary Public's signatures)

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The account was charged off on 7/2/2010.

 

I lived in California when I opened the account (in '07), then in Washington state at the time of the charge-off, and I now live in Tennessee (and have for the past two years).

 

Because you have lived in TN for the past 2 years that is the law that will govern the SOL and unfortunately in TN it is 6 years on a credit card debt.  The suit has been filed timely.

 

I understand that the SOL with Chase is 3 years because they're based in MD, but I'm not sure how my state of residency and my moves affect that timeline.

 

TN does not have a borrowing statute so it has no affect on their suit.  As I said above the TN law will prevail on this one.

 

Trying to figure out my best course of action. I already had gone through the validation process with a different JDB on this same debt and that got rid of them. However, this is my first time actually being served/sued. I have had no correspondence with Cavalry yet.

 

First thing Monday call Barnette Law Offices.  Their attorney posts here as @TNConsumerLawyer and he fights these cases for sport and profit.  Studies show that 70-80% of junk debt buyer cases dismiss when the defendant gets a lawyer.  If I had to choose between paying Cavalry and my lawyer the lawyer gets the funds before a bottom feeding JDB.  TN is very pro-creditor so while you technically can go it pro-se you are better off hiring a lawyer. 

 

The first consult is free.  His website is here:  http://www.barnettelawoffices.com/index.cfm

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Thank-you very much, Cydesmom. I had begun searching for consumer attorneys but it's a bit overwhelming...and tough to feel good about hiring one without any recommendations.

If I have to spend money to get this situation taken care of, I'd much rather it go to a competent attorney than a JDB also!

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May be just a little off track....Did you receive any 1099 which related with tax filing, from Chase, which reflected the alleged account named in the lawsuit?

 

There has been a situation that chase issued 1099 instead, then they filed with IRS for a full tax related credit or some sort. If it is yr case, then, showing the 1099 may be helpful to you.

 

And since, it is a JDB= junk debt buyer. In order for them to successfully win the case, one must have legal standing, and must have "complete chain of custody of document" relating to all sale transfer(s).

 

I am sure other Members will jump in to help you.

 

Check to see if you fit in any  "Affirmative defense(s)" in addition to just general denial.

 

Also check to see if you would qualifed for fee-waiver-( covers filing fee at court) Most of the court do have a website so that later on you can check the status of yr case summaries, especially what plaintiff had filed on yr case.

 

You must "answer" the the complaint now that they served you, so that it won't be a Default Judgement against you.

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