HELP! being Sued by Cavalry SPV I, LLC in Michigan

[rizky1]

 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? Roosen, Varchetti & Oliver, PLLC

3. How much are you being sued for? $3,311.88

4. Who is the original creditor? GE Capital

5. How do you know you are being sued? Served papers

6. How were you served? In person, at the door

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

8. What was your correspondence (if any) with the people suing you before you think you were being sued? Phone call to find out options.

9. What state and county do you live in? Livingston County, Michigan

10. When is the last time you paid on this account? April 2014

11. What is the SOL on the debt? I believe I read it is 6 years in MI

12. What is the status of your case? Suit served? Motions filed? Summons and Complaint served, need to file response to court within 7 days.

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? No

15. How long do you have to respond to the suit? Did you receive an interrogatory (questionnaire) regarding the lawsuit? 7 days to file response to court.

16. What evidence did they send with the summons? They sent one paragraph bill of sale, a word document statement of account, last statement from 8/31/2014 from OC, one line excel spreadsheet showing purchase date from OC to Cavalry.

 

Looking to find out if this is something I should fight; read some good information in past from user:bmc100 where he states that I could request that they provide full purchase contract between GE and Cavalry and not just Bill of Sale. Never had to do this before so I am wet behind the ears and trying to find out what my options are. Any feedback would be greatly appreciated.

 

Thanks in advance. 

[shellieh98]

What type of GE card was it?

[rizky1]

It was a GE Capital Retail Bank Art Van Card that was purchased by Synchrony Bank.

[Savoir]

You need to file an answer (with affirmative defenses) denying all their allegations and an affidavit (Sworn Denial) stating that this is not your debt (if it can be truthfully sworn to).

There are plenty of examples on this forum to get ideas from but, you need to do this ASAP (before the deadline expires) otherwise, they get a default judgment against you.

 

You listed several documents that they supplied as evidence but, you didn't mention if they included a sworn affidavit. Did they?

[debtzapper]

@Savoir

 

I am glad to see you posting again and helping others.

[rizky1]

You need to file an answer (with affirmative defenses) denying all their allegations and an affidavit (Sworn Denial) stating that this is not your debt (if it can be truthfully sworn to).

There are plenty of examples on this forum to get ideas from but, you need to do this ASAP (before the deadline expires) otherwise, they get a default judgment against you.

 

You listed several documents that they supplied as evidence but, you didn't mention if they included a sworn affidavit. Did they?

They did not include any sworn affidavit.

[rizky1]

You need to file an answer (with affirmative defenses) denying all their allegations and an affidavit (Sworn Denial) stating that this is not your debt (if it can be truthfully sworn to).

There are plenty of examples on this forum to get ideas from but, you need to do this ASAP (before the deadline expires) otherwise, they get a default judgment against you.

 

You listed several documents that they supplied as evidence but, you didn't mention if they included a sworn affidavit. Did they?

After reading @bmc100 post on step by step defending in Michigan I have to ask if I can file a motion to dismiss based on lack of standing since they have not provided me with a sworn affidavit from someone at the OC and they have not provided me with the full purchase contract from the OC and instead have just provided me with a one paragraph bill of sale?