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Please Help! Received Court Summons today Cavalry SPV I LLC


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I hope someone can give me some advice because I am totally clueless as to what I need to here--

 

I had a credit card with Bank of America approx. 8 years ago. I probably went default on payments approx. 6 years ago :(

 

I received a court summons last year in July 2014 from Cavalry SPV I, LLC represented by Fred Hanna Law. I called Fred Hanna and set up automatic drafts to be taken out of my checking account each month for $200. This was done from july-November for 5 payments. The last payment that they took out was in novermber 2014. I have made sure that the funds were in my checking account for them to take were available. I really meant to call Fred Hanna's office and find out why the payments quit coming out but I got busy with work, kids, and life and totally forgot :(

 

I got another court summons today for June 2, 2015 from the same people. I am not sure that this makes a difference but the court summons that I received last year in July was from the county that I live in and the one I received in the mail today was filed in a neighboring county that I have never lived in. I live in Georgia.

 

I have attempted to call Fred Hanna's law firm but they are closed until tomorrow. Can anyone give me some advice as to what my next steps should be? I just don't want my paychecks to be garnished and need to do everything possible to prevent that.

 

Thanks in Advance!!!

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The problem is you paid a collection agency, and restarted the SOL.  I don't know if you signed a stipulation when you agreed to this. 

Did calvary own the debt when you started paying on it again?  If so, they have what they need to win in court.  You agreed, you paid, then you quit paying, = judgement. 

@Clydesmom may have some advice, she is pretty astute in GA rules, and knows Freddy pretty well.

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I didn't sign anything when I started paying the collection agency. It was all done over the phone which I am sure was recorded. My payment plan was set up to come out of my checking account automatically each month. Their was sufficient funds in my account but they stopped taking it out in December for some unknown reason.

 

My husband spoke with a lawyer in my town and the lawyer told him that this was a good thing and that I didn't have to do anything but show up at court on June 2nd. The lawyer says that if no one shows up from Fred Hanna's office that the case will be dismissed but if they do, I just need to have where the payments were took out of my account for 5 months and proof from my bank that I had sufficient funds in my account in December and that I held up to my end of the settlement plan. He said the worst thing that could happen would be that I would just have to start back paying the original payment plan. I am not sure....I just don't want my wages to get garnished.

 

Does anyone know if someone from Fred Hanna's office usually shows up at every court case?

Thanks!

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I didn't sign anything when I started paying the collection agency. It was all done over the phone which I am sure was recorded. My payment plan was set up to come out of my checking account automatically each month. Their was sufficient funds in my account but they stopped taking it out in December for some unknown reason.

 

My husband spoke with a lawyer in my town and the lawyer told him that this was a good thing and that I didn't have to do anything but show up at court on June 2nd. The lawyer says that if no one shows up from Fred Hanna's office that the case will be dismissed but if they do, I just need to have where the payments were took out of my account for 5 months and proof from my bank that I had sufficient funds in my account in December and that I held up to my end of the settlement plan. He said the worst thing that could happen would be that I would just have to start back paying the original payment plan. I am not sure....I just don't want my wages to get garnished.

 

Does anyone know if someone from Fred Hanna's office usually shows up at every court case?

Thanks!

 

Freddie is hit and miss.  Depends on which hired lackey he sends.  They are very beatable. and you might want to give Steve Koval a call.  He has a Federal lawsuit against old Fred right now for violating garnishee's rights.  He might take your case for free.  His number can be found on www.naca.net.

 

Unfortunately the signed stipulated judgment and payments did restart the SOL but with that judgment they don't have to sue you they can simply garnish anew.  

 

Give Steve a call.  

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