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Being sued by Calvary SPV via David Apothaker in PA


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I just picked up a registered letter saying that I was being sued by Calvary SPV and I have a court date of January 30, 2015. It says on the letter to call the magistrates office immediately to tell them if I intend to defend myself. 

I got "served" last year over this same debt by Portfolio Recovery. I say "served" because I believe they were fake papers and were trying to scare me. I also received something shortly after that saying there was a default judgment against me because I didn't respond to the summons. I can't find a judgement against me, but say there is one, can Calvary still sue for the same debt?

Shouldn't I have received something stating they were planning on suing me and giving me 20 or 30 days to respond to the company? This is just a letter from the magistrate stating I have a Civil Action Hearing on January 30th at 10:15 am. On the next page, it is a paper saying Calvary SPV, as assignee of GE Retail Bank is the assignee and successor in interest of account number ending in 7038. The credit account was issued to defendant by GE Retail Bank, the original creditor and defendant used the account. Amount due is $1,117.67. File No 388926 and it is signed by Filance Manuel verifying the facts are true. 

The last page is Entry of Appearance and it states that David J. Apothaker, Esquire will be their representative and his address and phone number. 

I believe I last paid this in 2011, so the SOL is not up, I don't believe. Would I go by PA or New York where Calvary is located? Also, what happens if they don't show up to the hearing? Can they send a local lawyer to take their place? I don't see someone driving 9 hours (the lawyer is out of New Jersey) for a debt of $1000. 

I had more questions but now I am blank as to other stuff I was wondering. Any help would be great!

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No- they do not have to warn you about filing a lawsuit.

 

Also, depending on your local rules, simply telling them you intend to defend is not enough. Your answer needs to be written and filed with the court to be valid.

 

Shouldn't I have received papers stating what their case was with Exhibits showing evidence against me? And then I would have had 30 days to respond to them? The only thing I got was the registered letter saying I have a court date next week. On the letter it said to call the magistrate to verify if I am going to defend myself, so that must be okay. That's why I think I should have gotten more paperwork from Calvary earlier and then I could have written a response. I am also looking at the paperwork I received last year from Portfolio Recovery about the same account. It says they have a judgement against me for not responding to their paperwork and evidence. If this is true and they do have a judgement, how can Calvary sue me for the same debt that I have a judgement against me for? 

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It sounds like they served you, then when you didn't respond filed for a default. This could be the default hearing. Rather than just granting a default, the court has a hearing to ask you if you were served and give them a reason why they shouldn't grant the default. Pull out that old summons and answer it, or you can try saying you knew nothing about it, and deny the debt when you go to court. You can find out exactly what they have filed by going to the court and requesting your file. If the summons is there, answer it then you can tell the court you received their letter, went to the court found the old summons, and now have answered it.

Ya may be a bit dishonest, but they are more so. :)

To find out exactly what it is (and make sure this isn't another case filed in small claims) go to the court and request all records in your name.

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How Default Judgments Are Taken


A default occurs in different ways depending on the court.  At the Pennsylvania district justice or magistrate level, a default occurs by not showing up at a hearing or by failing to tell the court that you will be defending a claim.  So, a plaintiff who files a complaint, obtains a hearing, and is the only party who shows up will win by default. A plaintiff who doesn’t show up for the magistrate hearing will be subject to a dismissal of their case, which means no appeal can be had.


A defendant can file an appeal from the default judgment within 30 days to the Court of Common Pleas, Arbitration Division. If a case is appealed within this period (it must be, otherwise the judgment may be permanent), then the process starts over — but with a few new rules. The filing of an appeal from a district justice suit also results in the issuance of a “rule to file a complaint” on the Plaintiff.  This means the Plaintiff needs to file a new complaint within 20 days of the appeal.  The Defendant then needs to file an answer (or objections) within 20 days from the date of service of the Complaint. If the Defendant does not respond in time, the Plaintiff must give what is known as a “10-day notice,” which informs the Defendant that if no response is filed within ten days, then a default may be entered.  If, after 10 days following the notice the Defendant fails to file and serve a response, then the Plaintiff can enter a default judgment.


But wait!  There’s more… The Defendant, within 10 days from the entry of default, can petition the court to open the judgment and allow a reasonable period to file a response.  The Court must do so if the Petition is filed within 10 days of notice of the default judgment.  After that 10 day period, the Court may deny the request or issue a rule to show cause to demand proof why a judgment should not be entered. This puts the burden on the defendant to explain why the default occurred, demonstrate a meritorious defense and establish that the late filing is reasonable. Also, a default can be taken if a party fails to show up for a scheduled arbitration (from which there is no appeal except in extraordinary circumstances

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1. Call the court and do what you need to do to "answer" this lawsuit. You do not want a default.

2. Show up for any preliminary hearings.  You do not want a default.

3. Motion to compel private arbitration per the GE Bank contract.  (read the card agreement and read the arbitration clause)

4. File arbitration and watch Cavalry disappear so they don't have to pay the $5,000 arbitration fee.

 

5. Check that Portfolio Recovery letter from last year that says you were sued.  If the date is less than 12 months from today, take it to a consumer attorney that does FDCPA work and file a lawsuit against PRA for their flagrant violation and collect your $1,000 plus attorney fees from them.

 

6. Get copies of all 3 credit reports.  Check to see what amount Cavalry is claiming is the balance owed on your account.  Compare that to the amount they sued you for.  Are they the same?  If not, take this information to a consumer attorney and prepare your FCRA violation lawsuit against Cavalry.  I have experience with them and know they very much enjoy inflating the amount you owe and reporting the inflated amount to the CRAs, but then swearing in court documents when they sue you that you owe a very different (much lower) amount.

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I called the magistrates office and told the lady that I got a letter for a lawsuit and asked how it works if I already have a judgement against me from another company for the debt. She put me on hold and went and talked to the judge. She asked if it was for the same credit card debt and I said yes. She said if I don't show up I will get a default against me and I said I didn't know I could have two judgement for the same debt. She said you can't, show up and prove you have the other judgement. 

The letter from Portfolio Recovery Associates last year is definitely less than 12 months old.

I am looking at an old notice from Cavalry Portfolio Services dated March 4, 2014 saying they purchased my account from Cavalry SPV. The summons I received from Portfolio Recovery Associates is stamped as being received by the Sheriff's office March 3, 2014. I have another notice from Portfolio Recovery Associates asking to get a default judgment stamped June 18, 2014 and a letter from the court saying there was a default judgement entered against me dated June 18, 2014. 

The registered letter I just recieved states that Cavalry SPV is suing me. Are Cavalry SPV and Portfolio Recovery Associates the same company? If Portfolio sold my account to Cavalry SPV, how could Portfolio Recovery Associates still get a judgment against me after it was sold? 

I am going to check into a consumer attorney also. I know I only have about a week left to get this crap together, but it is just confusing me. 

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I called the magistrates office and told the lady that I got a letter for a lawsuit and asked how it works if I already have a judgement against me from another company for the debt. She put me on hold and went and talked to the judge. She asked if it was for the same credit card debt and I said yes. She said if I don't show up I will get a default against me and I said I didn't know I could have two judgement for the same debt. She said you can't, show up and prove you have the other judgement. 

The letter from Portfolio Recovery Associates last year is definitely less than 12 months old.

I am looking at an old notice from Cavalry Portfolio Services dated March 4, 2014 saying they purchased my account from Cavalry SPV. The summons I received from Portfolio Recovery Associates is stamped as being received by the Sheriff's office March 3, 2014. I have another notice from Portfolio Recovery Associates asking to get a default judgment stamped June 18, 2014 and a letter from the court saying there was a default judgement entered against me dated June 18, 2014. 

The registered letter I just recieved states that Cavalry SPV is suing me. Are Cavalry SPV and Portfolio Recovery Associates the same company? If Portfolio sold my account to Cavalry SPV, how could Portfolio Recovery Associates still get a judgment against me after it was sold? 

I am going to check into a consumer attorney also. I know I only have about a week left to get this crap together, but it is just confusing me. 

 

 

Yes.  See a lawyer.  A consultation is free.  www.naca.net.  Get several opinions.

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