swozze

Being sued by Cavalry SPV, have ? about answer under simplified civil procedure

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Hi Everyone.  This is my first post.  I have no idea really where to begin but I have court at 10 am tomorrow morning 9/21 :(

I am working on my answer under simplified civil procedure.  I'd like to make sure I am answering correctly.

Here is how the form (answer under simplified civil procedure) is set up:
The Defendant(s)__________answer(s) the complaint as follows:
1. The amount of damages claimed to be due to the Plaintiff by the complaint in this action is not due and owing for the following reasons: Defendant denies complaint due to lack of sufficient information as to the exact debt and manner of calculation, since the plaintiff has not provided verification of the alleged debt or manner of calculation, in violation of the fair debt collections practices act.

2. (if applicable) The Defendant(s)___________assert(s) the following counterclaim or setoff against the Plaintiff:________________

3.(If applicable) The Defendant(s)____________asserts the following cross claim against______________, named Defendant (You are limited to the jurisdiction of the Court) :_________________

4. If a counterclaim is asserted above, you must check one of the following statements:
_______The amount of the counterclaim does not exceed the jurisdiction of the Court (County Court filing fee required)
________The amount of the counterclaim exceeds the jurisdiction of the Court, but I wish to limit m recovery to the jurisdiction of the Court (County Court fee req.)
________The amounat of the counterclaim exceeds the jurisdiction of the Court, and I wish the casde transferred to the District Court (District Court filing fee required).

5. The Defendant(s) does (do)____, does (do) not_____demand trial by jury. (If dimand is made, a jury fee must be paid).

Place for signatures
Certificate of mailing
 

I have inserted my answer for #1 which I basically got from the website you referred and I don't think 2, 3,or 4 are applicable. For #5, I will check "does not" 
demand a jury trial.
Am I doing this right?  Will this work for my answer for court tomorrow morning???  Please someone let me know.  I am so nervous 

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Are you satisfied, based on whatever they have provided, that this is in fact your debt? Because cavalry is s debt buyer, they have to prove they purchased the debt from the original creditor if your challenge that fact.  Do you feel they have proven that they own the rights to collect the debt? If your answer is 'no' to either of those things, you need to include statements to that effect in your answer. Also, if this is for a credit card, take a look at the card agreement and see if there is a section on arbitration.  Because you are facing a debt buyer, I would get this thing into arbitration asap. You do that by telling the judge either in your answer or in person at court in the morning (or both, would be best) that you want him/her to order you and cavalry into "private contractual arbitration per the credit card agreement". Attach a copy of the agreement to your answer where you make the request, or hand it over in person (again, both would be best). 

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2 hours ago, BV80 said:

@swozze

Who is the plaintiff?

The plantiff is cavalry spv I llc.  The attorney for the plaintiff is David a. Bauer Lakewood, co.  As of yet there is no docket information available.  On Friday the clerks office suggested to call the attorneys office.  Which I have not.  I'm just going to show up to court tomorrow.  

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3 minutes ago, Harry Seaward said:

Are you satisfied, based on whatever they have provided, that this is in fact your debt? Because cavalry is s debt buyer, they have to prove they purchased the debt from the original creditor if your challenge that fact.  Do you feel they have proven that they own the rights to collect the debt? If your answer is 'no' to either of those things, you need to include statements to that effect in your answer. Also, if this is for a credit card, take a look at the card agreement and see if there is a section on arbitration.  Because you are facing a debt buyer, I would get this thing into arbitration asap. You do that by telling the judge either in your answer or in person at court in the morning (or both, would be best) that you want him/her to order you and cavalry into "private contractual arbitration per the credit card agreement". Attach a copy of the agreement to your answer where you make the request, or hand it over in person (again, both would be best). 

I'm not sure how to reply.  The original creditor was GE capital for a jcpenney credit card.  A few years back I was on unemployment and when it was running out I called to let them know I couldn't pay them any longer.  I was working on filling bankruptcy but then I was and still am going through a separation and have no money to speak of really.  Just stuck in a hard place an not sure what to do from here.

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I'm pretty sure every GE card had arbitration provisions. At any rate, GE financial division has become Synchrony Bank which does have arbitration in all of their agreements.

Look in the archived section of this website for the GE agreement that would have been in effect when the account went into default. 

You didn't give dates, but also look into your state's SOL laws for credit cards (google) to be sure this isn't past SOL. 

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