Sued by Cavalry SPV I, LLC in California

[gradys]

I've been looking on the site, but I'm not sure how to answer the complaint.  Do I do a long form, or General Denial fill in form.  Or some other form?

How do I answer allegations?  Any California folks out there to help?  Thanks.

 

1. Who is the named plaintiff in the suit?  Calvary SPV I, LLC 

2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Lawyers out of Fresno, Ca 

 

3. How much are you being sued for?  $15k+

 

4. Who is the original creditor? (if not the Plaintiff) Citibank

 

5. How do you know you are being sued? (You were served, right?) Yes

 

6. How were you served? (Mail, In person, Notice on door) In person

 

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? 3 settlement offers.  One for 5%, 10%, and 15% of the value 

9. What state and county do you live in? San Diego, California

 

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Oct 2012

 

11. What is the SOL on the debt? 4 years

 

12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). Suit served. I have 30 days to answer 

 

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? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late. Yes.  They sent a debt verification (not validation) ~ 3 months worth of statements.

 

15. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit?  30 days to respond;

1.Account Stated 
2. open book

 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Exihibit “1” ~ Bill of sale and assignment (Patricia Hall signed it)
Exhibit “2” ~ An old Citibank statement from 11/2012

[RyanEX]

Welcome to the board, gradys.

The form you use to answer will depend on whether or not the complaint is verified. I have yet to see a complaint that is. Review this post about verified complaints so that you can rule that out: http://www.creditinfocenter.com/community/topic/327543-urgenthelp-plzrec-summons-capital-one-thier-attorney/#comment-1341442

As mentioned in that post, if your complaint is not verified you can use the General Denial form: http://www.courts.ca.gov/documents/pld050.pdf. Filling in your name in #1 will generally deny the charges in the suit.

You just need to make sure you file the answer at your courthouse by the 30-day deadline. You'll have someone you know serve (send via USPS mail) a copy of your answer along with a proof of service, you'll then file those two items with the court.

In the meantime you can study up on defending this type of lawsuit, read this thread: http://www.creditinfocenter.com/community/topic/317277-how-i-beat-midland-in-california/

You can also send the plaintiff a request for a Bill of Particulars (BOP). You can do this before filing your answer. There are examples in these threads.

[gradys]

Thanks, RyanEX.  I will definitely take your advice.

[gradys]

General Denial, and BOP filed and sent 10/21.   I'm hoping for the best.

[RyanEX]

Good job. Just by answering you've let Calvary know you're no pushover. 90+% of defendants don't even answer. Calvary depends on the same business model as do all the junk debt buyers: filing suits against people who don't know how to fight & getting an easy default judgment. They're really not built for actually having to prove their cases.

They'll probably respond to your BOP with some billing statements, bills of sale, and a list of objections calling a BOP improper in the first place. You'll be able to use that response to answer their discovery requests.

I take it you sent the plaintiff a copy of the answer? Also, sounds like you filed the BOP? Just fyi (if you did) BOPs aren't filed, they go to the plaintiff only. No big deal if you filed it though.

Now that you've answered, the next thing you might get is a notice from the court scheduling your case management conference. Might take a few weeks or more. Keep an eye on your online case file, at least once a week. You might also hear from the plaintiff, wanting to talk about a settlement.

[gradys]

RyanEX,  I did send a copy of the General Denial and BOP to the Plantiff  CMRRR.  I'll keep checking for a notice from the court.  Thanks.

[calawyer]

Welcome.

 

There may also be a notice of CMC in the package of materials that Plaintiff served with the complaint.  It is different in every court.  Some courts do not even hold CMCs in limited jurisdiction cases.

[gradys]

I received a response package from the Plaintiff. It was just a bunch of past account statements, 2 collection bills, and a bill of sale.  Basically, the  same stuff they sent me from the Debt Validation request I made 2 months ago.

[gradys]

On ‎11‎/‎4‎/‎2016 at 11:31 AM, calawyer said:

Welcome.

 

There may also be a notice of CMC in the package of materials that Plaintiff served with the complaint.  It is different in every court.  Some courts do not even hold CMCs in limited jurisdiction cases.

Calawyer, CMC scheduled for May 2017.

[gradys]

On ‎10‎/‎23‎/‎2016 at 3:29 PM, RyanEX said:

Good job. Just by answering you've let Calvary know you're no pushover. 90+% of defendants don't even answer. Calvary depends on the same business model as do all the junk debt buyers: filing suits against people who don't know how to fight & getting an easy default judgment. They're really not built for actually having to prove their cases.

They'll probably respond to your BOP with some billing statements, bills of sale, and a list of objections calling a BOP improper in the first place. You'll be able to use that response to answer their discovery requests.

I take it you sent the plaintiff a copy of the answer? Also, sounds like you filed the BOP? Just fyi (if you did) BOPs aren't filed, they go to the plaintiff only. No big deal if you filed it though.

Now that you've answered, the next thing you might get is a notice from the court scheduling your case management conference. Might take a few weeks or more. Keep an eye on your online case file, at least once a week. You might also hear from the plaintiff, wanting to talk about a settlement.

@RyanEX CMC scheduled for May 2017.  Plaintiff sent mail about "wanting to discuss this matter further" and to call their office.  Just like you wrote.  It seems like this isn't your first ride at the rodeo.

[RyanEX]

2 hours ago, gradys said:

 

@RyanEX CMC scheduled for May 2017.  Plaintiff sent mail about "wanting to discuss this matter further" and to call their office.  Just like you wrote.  It seems like this isn't your first ride at the rodeo.

Only been thru one myself, but more than a few vicariously thru this board.   There's rarely any variance in how they go about their business.

[calawyer]

Happens almost every time.

[gradys]

@RyanEX / @calawyer ,

Is there anything else I need to do or check on before my CMC?

[calawyer]

You will file a CMC statement before the hearing but you have tons of time if the hearing is in May, 2017.

 

[gradys]

Thanks, CALawyer.

[gradys]

@calawyer or @RyanEX

I just got request for admission and request for documents.   I am not finding similar answers on the forums.  Can I pm one of you to look at them and advise.

Thanks.

[sadinca]

On 11/7/2016 at 9:04 AM, gradys said:

I received a response package from the Plaintiff. It was just a bunch of past account statements, 2 collection bills, and a bill of sale.  Basically, the  same stuff they sent me from the Debt Validation request I made 2 months ago.

before answering to their request for admissions and documents it may be useful to know  if  in Plaintiff's answer to your BOP demand, did they object in any way to your demand? 

[gradys]

@sadinca

They had no objections.  They replied to the BOP with the Bill of Sale/Assignment, a collection bill, and 6 months of past statements. 

[sadinca]

have you serve plaintiff with your own set of discovery?

 

[sadinca]

ccp 454, demands that plaintiff serve within 10 days a copy of the account. 6 months worth of statements is not a copy of the full account, unless the account was open for only 6 months that is. 

i would send a simple meet and confer letter stating that their response to your demand for BOP is insufficient. this could also facilitate answering the discovery questions they served you

 

 

[gradys]

sadinca,
No, I haven't sent any discovery as of yet.  I will look at the ccp 454 like you suggest.

[sadinca]

CCP454 is the code for Bill of Particulars. 

 

since there were no objections attached to their response the Meet and Confer letter should be quite short, here is a sample:

 

Gradys

 

1234 Nowhere Rd

 

Somewhere, CA 92123

 

 

 

 

 

 

 

 

 

Re: Cavalry SPV I, LLC vs. Gradys Case No. XXXXXXX

 

 

 

Dear Calvary SPV I, LLC.

I write to meet and confer in regard to Plaintiff’s deficient response to Defendant’s request for Bill of Particulars pursuant to California Code of Civil Procedure section §454.

Plaintiff contends that by attaching six (3) alleged statements to Plaintiff’s response to Defendant’s demand for Bill of Particulars somehow “complies” with the request is disingenuous. Plaintiff is required to produce ALL alleged statements that make up the alleged account.

Please provide a complete response to the Bill of Particulars within 10 days.

If you need to speak with me further about the matter feel free to contact me at the phone number or correct address at the top of this letter.

 

 

 

 

Thank You,

[sadinca]

you could send the meet and confer letter while you work on drafting your responses to their discovery requests. 

you mentioned that you havent seen around in these threats the questions that Calvary sent to you. can you post redacted versions of those questions?

 

[gradys]

Here are the questions @sadinca:

1 . Admit that YOU entered into an AGREEMENT with OC in which credit was provided to YOU in the form of a credit account, Account No. ending in XXXX, in
exchange for monthly payments to be made by YOU.

2. Admit that YOU agreed to make monthly payments to OC. toward the balance YOU incurred on Account No. ending in XXXX.

3. Admit that YOU have not issued any PAYMENT to OC. regarding Account No. ending in XXXX since 11/23/2012.

[sadinca]

i would respond like this:

 

1 . Admit that YOU entered into an AGREEMENT with OC in which credit was provided to YOU in the form of a credit account, Account No. ending in XXXX, in exchange for monthly payments to be made by YOU.

            Defendant objects on the ground that this request is vague in that the identity of the “Account” actually at issue in this litigation remains unclear. For that reason, Defendant has asked Plaintiff to respond to a Bill of Particulars  setting forth the alleged “AGREEMENT”  referred to in the complaint, all the charges that were allegedly made pursuant to that “AGREEMEMT”, all credits that were made to the “account”, the price or charge for each item, materials or good supplied or other considerations rendered, and all payments or credits that have been made to the account. Plaintiff has not provided the completed “Account.”

            Without such information, Defendant states that after a reasonable inquiry, the information known or readily available by him/her is insufficient to accurately respond to this Request. Based on the forgoing Defendant responds as follows: DENIED.

However, Discovery is ongoing and not complete. Defendant reserves the right to amend or supplement his/her answer to this request after Plaintiff complies in full with the Bill of Particulars.

 

 

2. Admit that YOU agreed to make monthly payments to OC. toward the balance YOU incurred on Account No. ending in XXXX.

            Defendant objects on the ground that this request is vague in that the identity of the “Account” actually at issue in this litigation remains unclear. For that reason, Defendant has asked Plaintiff to respond to a Bill of Particulars  setting forth the alleged “AGREEMENT”  referred to in the complaint, all the charges that were allegedly made pursuant to that “AGREEMEMT”, all credits that were made to the “account”, the price or charge for each item, materials or good supplied or other considerations rendered, and all payments or credits that have been made to the account. Plaintiff has not provided the completed “Account.”

            Without such information, Defendant states that after a reasonable inquiry, the information known or readily available by him/her is insufficient to accurately respond to this Request. Based on the forgoing Defendant responds as follows: DENIED.

However, Discovery is ongoing and not complete. Defendant reserves the right to amend or supplement his/her answer to this request after Plaintiff complies in full with the Bill of Particulars.

 

 

3. Admit that YOU have not issued any PAYMENT to OC. regarding Account No. ending in XXXX since 11/23/2012.

 

            Defendant objects on the ground that this request is vague in that the identity of the “Account” actually at issue in this litigation remains unclear. For that reason, Defendant has asked Plaintiff to respond to a Bill of Particulars  setting forth the alleged “AGREEMENT”  referred to in the complaint, all the charges that were allegedly made pursuant to that “AGREEMEMT”, all credits that were made to the “account”, the price or charge for each item, materials or good supplied or other considerations rendered, and all payments or credits that have been made to the account. Plaintiff has not provided the completed “Account.”

            Without such information, Defendant states that after a reasonable inquiry, the information known or readily available by him/her is insufficient to accurately respond to this Request. Based on the forgoing Defendant responds as follows: DENIED.

However, Discovery is ongoing and not complete. Defendant reserves the right to amend or supplement his/her answer to this request after Plaintiff complies in full with the Bill of Particulars.