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Getting sued by Cavalry in South Dakota HELP!


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I was served a summons/complaint for an unpaid credit card debt.  Today I mailed the attorney a general denial form that I downloaded from South Dakota's government website.

In the general denial, I stated "The defendant lacks knowledge of information sufficient to form a belief as to the truth of this allegation".

There were 4 parts to the complaint that basically said Cavalry is the assignee of the bank that issued the card, the defendant made purchases with credit card, defendant failed to make payment on unpaid balance, and that although demand has been made upon defendant, neither the said sums have been paid.

Hopefully, it was ok not to address each of the points of the complaint.

So what is my next move?

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Circuit court.  I guess I already messed up because the form was for small claims court. I haven't been officially sued yet because there wasn't anything on file at the courthouse yet.

I just had to reply to the attorneys before the time expired.

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It would help if you answer the questions, rounding numbers and such is fine to keep your case unidentified. Who is the original creditor, account opened/last payment? Can figure out options from that such as out of court private arbitration.

I know South Dakota has that system where case numbers are assigned later. You may want to contact the court clerk just to make sure they have everything from you needed at this time. For example, filing statement needed by them?

http://sdlegislature.gov/Statutes/Codified_Laws/DisplayStatute.aspx?Type=Statute&Statute=15-6

http://ujs.sd.gov/Forms/civilfiling.aspx

Legal resources at back of guide

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  • 1 month later...
  • 1 month later...

I received a huge envelope today with copies of all the transactions on the credit card labeled exhibit A.  The original creditor was Capital One Bank.  My last payment was in 2011.  My outstanding balance was approx. 4500.  This is in circuit court.

Here's what the attorney's letter says:

Enclosed and served upon you please find Requests for Production of Documents, Interrogatories and Requests for Admissions.  Labeled Exhibit A.

(the stack of transactions that was mailed to me)

 

The next page is Request for Production of Documents. 

The next page is the Interrogatories.

Then there's the Request for Admissions page.

 

It looks like a lot of stuff that I need to reply about within 30 days.

 

I can attach the pages so you can have a look at it.

Any help is greatly appreciated.

 

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5 hours ago, rumham said:

The song Final Countdown keeps playing in my head because I'm supposed to reply to the atty by Oct 26.

What research have you done on your own since posting the document?  Or are you simply waiting for us to do all the work for you?

Documents:

1.  At this time discovery is ongoing and Defendant has not concluded research on the matter and does not plan to introduce any documents.  Defendant reserves the right to amend this answer if evidence relevant to the trial matter is needed for trial.

2.  OBJECTION:  Plaintiff should have copies of all evidence they intend to introduce.  Burden of proof is not on Defendant to produce Plaintiff's documents.

Then amend answers for each of the rest of the document requests but DO NOT cut and paste the same exact answer for each one.

INTERROGATORIES:

1.  Defendant personally answered these interrogatories.

2.  Defendant denies any knowledge of the alleged account or knowing of any persons with said knowledge or information.

3.  Denied.

The rest you should be able to answer on your own.

ADMISSIONS:

1.  DENIED:  Plaintiff has provided no terms with which Defendant could reasonably be expected to answer and Defendant is not an expert witness to testify to the genuineness of a document produced by another party.

2.  DENIED.

3.  DENIED.

Same for the rest.  

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  • 5 months later...

Well. I just got a Motion for Summary Judgement in the mail today. My court date is April 18th. They sent a copy of all my credit card statements. (Exibit A)

And also an Affidavit of Assignment (Exibit B.

by an employee of Capital One Services. It basically says the account was sold assigned and transferred to Cavalry SPV.

The statements are based on the computerized and/or hard copy books and records of the seller.

Signed and notorized.

 

What is my next step? 

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33 minutes ago, rumham said:

I've been reading about other cases on this site, and was wondering if they should have sent me the Affidavit of Assignment sooner? It's looking pretty gloomy for my case...

Does South Dakota state law require they provide that prior to suing?  The only 2 states I know of that require it be provided in advance are NC and FL.  If your law does not provide that they produce it prior to suing or for a right to cure then their delay in producing it isn't a defense.

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