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I was just served a summons by Calvary SPV.  I know I need to answer but there are many discrepancies in their complaint.  They allege that they have previously made demand for payment which they have not.  They state they have purchased an account from capital one.  To prove the purchase of the debt they have some sort of bill of sale(I have attached a copy)  The bill of sale has NO INFO whatsoever to state that they purchased an account with my name and in fact they have "whited out" quite a bit of information.  They do attach a copy of an old bill with my name from capital one but the amount that the bill they attached is less than the amount they say I owe.  The complaint itself has no court date. But when I go to the court's website I see  the following information with regards to a court date{02/01/2019 at 08:30 AM  OSC 3.740 COLLECTIONSDEFAULT JUDGMENT} Does this mean my court date isn't until 3 years away?   I am not sure if this is important or not but on the court website they have my middle name incorrect.  My middle name starts with the same letter as the incorrect name they have on file with the court.   On the complaint they just have my middle initial.  Any assistance anyone can provide would be most appreciated

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15 hours ago, Summoned&Scared said:

They allege that they have previously made demand for payment which they have not.

This isn't a major problem.  Basically even if Cap1 sent you a statement that is making a demand for payment.  All Cavalry has to show the court is a letter they say they set you saying pay us this debt you owe and they are covered.  They do not have to prove you ever received it.  The statement is really nothing more to try and prove to the court you owe the debt.

15 hours ago, Summoned&Scared said:

To prove the purchase of the debt they have some sort of bill of sale(I have attached a copy)  The bill of sale has NO INFO whatsoever to state that they purchased an account with my name and in fact they have "whited out" quite a bit of information.

This is also typical.   Many consumers have successfully argued a spurious document like this with a LOT of information redacted (whited out) is not sufficient to prove they own YOUR account.  Study up on how to do that.

15 hours ago, Summoned&Scared said:

They do attach a copy of an old bill with my name from capital one but the amount that the bill they attached is less than the amount they say I owe.

This could be VERY helpful.  If they added interest or fees they legally could not then you have a counter claim against them.

15 hours ago, Summoned&Scared said:

The complaint itself has no court date. But when I go to the court's website I see  the following information with regards to a court date{02/01/2019 at 08:30 AM  OSC 3.740 COLLECTIONSDEFAULT JUDGMENT} Does this mean my court date isn't until 3 years away?

Probably.  California courts are VERY backed up and while you do need to answer the suit within 20-30 days you won't have to actually be in court for at least a year or two which gives you a LOT of time to fight this.

15 hours ago, Summoned&Scared said:

I am not sure if this is important or not but on the court website they have my middle name incorrect.  My middle name starts with the same letter as the incorrect name they have on file with the court.   On the complaint they just have my middle initial.

This could be very important.  IF you can successfully argue they sued the wrong person you might be able to get it tossed.  There is also the chance that the court calls it a clerical error and simply allows Cavalry to amend it.

Capital One removed arbitration as an option 6 years ago so that is off the table to fight this.  How much is the suit for?

You can also go to www.consumeradvocates.org and do a consult with a consumer attorney regarding the possible issues with their case against you.  Most will do a first consult for free and studies have shown that consumers who hire a lawyer in these cases win about 70% of the time because junk debt buyers like this fold when confronted by counsel who demands they actually prove their case.

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21 hours ago, Summoned&Scared said:

I was just served a summons by Calvary SPV.  I know I need to answer but there are many discrepancies in their complaint.  They allege that they have previously made demand for payment which they have not.  They state they have purchased an account from capital one.  To prove the purchase of the debt they have some sort of bill of sale(I have attached a copy)  The bill of sale has NO INFO whatsoever to state that they purchased an account with my name and in fact they have "whited out" quite a bit of information.  They do attach a copy of an old bill with my name from capital one but the amount that the bill they attached is less than the amount they say I

OMG!!! Thank you so much for your help!!!! Perhaps I am looking at this in the wrong light but right now I believe my main concern is to get some sort of answer in.  It is my understanding that once an answer is properly filed in the time allotted  that it  will buy me time to get an attorney and/or to try and do this on my own.  Financially, I just don't have the ability to get an attorney at this time.(then again who does)   I have a rough draft of my answer. In my rough draft I chose to use form PLD-050( as this does not appear to be a verified complaint)  I found a template on affirmative defenses. If I were to post them would you mind giving it a once over and see if you think this will suffice?

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Also, I notice in some of the other posts I read people have indicated they have a BLANK response form included with their complaint this was not provided with  my complaint which is hy I chose for PLD-050 to answer.  the amount I am being sued for is approximately 2200.00 and the complaint is not verified.  Also do you know at what juncture I would need to do interrogatories?  I see this mentioned in many of the posts.

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