Bratus74

Winn Law Group Did NOT Winn! Case Dismissed Winn/Calvary SPV - California

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The stress relief on this side is amazing!  I went to court in San Bernardino County on Monday afternoon and the judge started trial on time.  No plaintiff in sight.  Judge tells the clerk to check the halls and she yells out "Anyone from Winn/Calvary?"  Judge then proceeds by stating "I'm going to give the plaintiff 3 more minutes".   That was the LONGEST 3 minutes of my life of dead silence.  Finally, Judge has the clerk go back to the hall to check again and when she showed up empty handed, the judge decided the case to be dismissed with prejudice and told to me to leave the courtroom as fast as I could (in humor, but seriously in case they showed up late).  Take that Winn / Calvary!!!

 

I write this post because when I was served and at first and that with my limited understanding of the court system, that I had a hurdle in front of me, yet was able to prevail because of this forum.  If you are reading this because you just got served, understand there are many ways to go about your case, but YOU NEED TO DO the research!  It is all here in front of you and the time just needs to be spent and be organized.  Start a dropbox account to house all your documents so they are readily available for your reference wherever you are in the world.  Start your trial binder now, just so that you have everything in one place.  Setup a calendar or use an app to keep track of days.   So here is my story....

 

Overall I would categorize my strategy as the minimal approach.  I based most of my moves from @ASTMEDICS pinned post that describes how he knew what docs to use, but approached it carefully to not draw out the holes in the evidence too early on.  And remember, don't take this case as personal - meaning that you feel like you do owe them any money or what they state is true.  Over the other side, you are just a number and a financial delta.  They are not eyeballing who you are, where you live etc...and they have a number to hit (spend as minimal money to litigate).  They are producing documents that are pretty much hearsay (they as in Junk Debt Buyers) and they are not entitled legally to the amount they are claiming.  You did not go into a contract or agreement with the JDB!

 

I'll summarize how things went and I will also post my documents in the next few days after I redact them.

 

- Served properly to my residence and I filed within the 30 days with an answer of General Denial.  I did not list any     affirmative defenses as to create any verbage that may come back to bite me.  I e-filed it with proof of service (POS), paid the filing fee and sent the hard copies to Winn.

 

- I procrastinated and did not ask for discovery with them or go with request of Bill of Particulars (BOP).   They instead sent me the evidence, which was customer agreement (with no signature of sorts), alledge billing statements basically doing it for me.

 

- Following that was Request for admissions and Interrogatories.  This seemed daunting and rather hard to admit that it isn't your stuff at first.  And they are doing there best here to try to trip you up.  But after doing my research of many of your posts and docs, I typed out my responses and answers.  Basically I answered that without proper authentication of the evidence, that I could not answer it correctly.

 

- Next came the pre-trial hearing.  Both I and the plaintiff was present (yet the plaintiff was running around between two courtrooms and was late).  I was dressed in a suit and tie and stood confidently during the session.  I requested that the trial date be set for 90 days out (this was my choice to give me more time to research and get ready for battle).  Everyone that I came in contact with that day, everyone thought I was a lawyer.  THAT's how you want to appear.  CONFIDENT and SERIOUS.

 

- Pay attention to Seadragon's  (See ASTMedic's thread) trial checklist and follow it to a T.  

 

- 45 days out, sent the plaintiff CCP 96 - a request to provide evidence and witnesses that will be used in court.   This is the big one and all evidence and witness will be listed out to you, so there is no "ambush" on trial day.  This sent to Winn and with a POS.

 

- I was waiting for the CCP 98 (affidavit in lieu of live testimony) that was due 30 days before trial.  It never came and I basically kind of went bonkers, because everything I was reading about was how to subpeona the witness and filing a Motion in Limine.  So back to the drawing board and focused on my trial brief.

 

- I received back my CCP 96 with the same customer agreement, statements and this time a "bill of sale" with only a one sided signature from "capital one" and redacted amounts of all the accounts they purchased.  No where on this document was my name or a mention of an attachement.  The seperated garbled document that shows the amount of the alleged account, and some weird dates, but nothing official about it and no signature.  They intended to call the witnesses, PMK (person most knowlegable) of Calvary's business and also myself.

 

- I typed out the Trial brief based on another great post and tailored it to my case.  I attacked the billing statements as hearsay, lack of foundation and that the bill of sale was only signed one sided.  What happened to Calvary's signature?? Did the sale not go through??  Big hole in the evidence.  Basically not a great trail of evidence that proves Calvary owns your account and the rights to claim against you under contract.  I also attacked the PMK witness as one that only knows the business of Calvary's, not Capital One.

 

- I waited literally to the last minute to file my brief which was 5 days before court as I wanted to give them the element of surprise and trip them up before trial.  This probably should have been 10 days, so check your local court rules.  Once again, electronically and it was under 10 bux.  Sent the hard copies to Winn along with POS.

 

- Once Winn received the trial brief, they called and left a message for me to call them back.  I never called them back as I believe they were looking for the last ditch effort to reel me in on a settlement.

 

- Showed up to court ready to battle and as you read above....no show!

 

  As I'm writing this, I am finding other cases just like mine were receiving case dismissals (and some without prejudice) via mail and avoiding this whole trial deal like I did.  From what I gathered, they are doing some of the extra leg work early on that is pressing on their nerve to give up.   By me going the minimal route, it ended up with the same result, but dragged out longer and a court appearance.  Do your homework, take the time and post here with questions.  Every law group and county will have different strategies, and you will have to do your best to make a judgement of how you fight your case.

 

You can do this!  Special thanks goes to ASTMedic, Seadragon, Rubytuesday, Coltfan, Anon Amos, shellieh98, mgp and countless others.   I never had to post or ask questions because you all were thorough and helpful to everyone here.   It takes a village!  

 

Thanks,

 

Bill

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@Bratus74


 


Most of members you thanked are still here as Team California.  Everything you said about research, homework, being prepared and confident is spot on.  You won.


 


" Special thanks goes to ASTMedic, Seadragon, Rubytuesday, Coltfan, Anon Amos, shellieh98, mgp and countless others.   I never had to post or ask questions because you all were thorough and helpful to everyone here.   It takes a village!  "


 


Thanks,


 


Bill

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Congrats to you on your big win.  I want to echo what others have said about requesting your costs.  It is a simple form to fill out.  But I think it is important to do.  Even if you only recover the cost of filing your answer, that will likely equal the amount plaintiff paid for your debt.  Add that to plaintiff's filing fee, and it is a resounding loss for the bad guys.

 

Here is the form:http://www.courts.ca.gov/documents/mc010.pdf

Again, congrats.

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Congrats!  Nice to see Calvary take yet another loss.  Since it was Calvary you beat, I would take another look at my credit reports and see what amount they may be claiming the balance owed is.  If that balance did not match the amount they sued me for (a Calvary specialty), then I would enjoy setting them up for my soon to be filed FCRA and FDCPA lawsuit.

 

Take my word for it.... it is aways fun suing a JDB you have already beat with prejudice.  :)

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thank you for posting this... I am sure i will be receiving something soon from Winn... they have already contacted me with copies of my statements from citibank and let me know if their intention to sue.

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Congrats!  Nice to see Calvary take yet another loss.  Since it was Calvary you beat, I would take another look at my credit reports and see what amount they may be claiming the balance owed is.  If that balance did not match the amount they sued me for (a Calvary specialty), then I would enjoy setting them up for my soon to be filed FCRA and FDCPA lawsuit.

 

Take my word for it.... it is aways fun suing a JDB you have already beat with prejudice.  :-)

 

 

Don't forget, Rosenthal FDCPA and CA Consumer Credit Reporting Act also apply - that's 2 times the fun.

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I am also being sued by Cavalry, represented by the Winn Law Group.   I have already gotten an extention of time to 4/1 to respond to their discovery requests.  I have not sent any requests to them, but was planning to until I read your post.

Would you share your responses to their RFA's and Interrogatories?

I've received the same documentation, a one page exhibit to a forward flow agreement between Cap 1 and Cavalry, a strange ledger type document that does have my name and ssn, but also mentions Atlas Fn and an open date of 1983???  (complaint states that it was HSBC who assigned to Cap1, who then assigned to Cavalry. )

I did find  the agreement that HSBC assigned all credit card accounts to Cap1 in 8/2011.  But they sent me statements dated 2012 from HSBC??

 

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7 minutes ago, Jojop411 said:

I am also being sued by Cavalry, represented by the Winn Law Group.   I have already gotten an extention of time to 4/1 to respond to their discovery requests.  I have not sent any requests to them, but was planning to until I read your post.

Would you share your responses to their RFA's and Interrogatories?

I've received the same documentation, a one page exhibit to a forward flow agreement between Cap 1 and Cavalry, a strange ledger type document that does have my name and ssn, but also mentions Atlas Fn and an open date of 1983???  (complaint states that it was HSBC who assigned to Cap1, who then assigned to Cavalry. )

I did find  the agreement that HSBC assigned all credit card accounts to Cap1 in 8/2011.  But they sent me statements dated 2012 from HSBC??

 

Please start a new thread and answer these questions also. 

http://www.creditinfocenter.com/community/topic/242744-qs-to-answer-when-posting-in-this-forum-please-read/

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2 hours ago, Jojop411 said:

I am also being sued by Cavalry, represented by the Winn Law Group.   I have already gotten an extention of time to 4/1 to respond to their discovery requests.  I have not sent any requests to them, but was planning to until I read your post.

Would you share your responses to their RFA's and Interrogatories?

I've received the same documentation, a one page exhibit to a forward flow agreement between Cap 1 and Cavalry, a strange ledger type document that does have my name and ssn, but also mentions Atlas Fn and an open date of 1983???  (complaint states that it was HSBC who assigned to Cap1, who then assigned to Cavalry. )

I did find  the agreement that HSBC assigned all credit card accounts to Cap1 in 8/2011.  But they sent me statements dated 2012 from HSBC??

 

Like Cliff2009 suggests, start a new thread. Try to include "CA" and "Calvary/Winn Law Group" in your title, will help draw CA members including some who have dealt with that JDB & law group. Keep some of the details (exact $ amounts, exact dates) a little vague - makes you less identifiable. Try the search feature for other California/Calavry threads. Most JDBs have their own particular set of RFDs, RFAs and Interogatories and they use them over & over. You might some good examples in older threads.

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