gradys

Sued by Cavalry SPV I, LLC in California

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@gradys what happened with your case after this?

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@Roots My CMC is coming up in early May.  I've been reading up on the "how I beat midland" and trying to get everything set in my mind. 
Prepping for war.

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@gradys ok thanks for responding! I'm feeling like this same jdb/lawfirm duo will file complaint against me soon in CA so I'm very interested in your case.  

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@Roots if you see Cavalry/Winn coming to you in your direction, stick around and learn as much of the process as you can.  knowing what is coming and how to deal with them will give you the upper hand in case they do file a complaint. 

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@sadinca I'm actually reading your posts helping @firedupinCA right now! Ive been reading here for over a month and I'm just so grateful and surprised at everyone's willingness to help each other out, it's really awesome! I might be starting my own thread soon if I am served...

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@sadinCA I understand so far that my first move once served with a filed complaint is to request a bill of particulars (BOP) from law firm of plaintiff and respond with a general denial (GD)  right away (within 30 days) both served with proof of service (POS). Then I am to file GD and POS at courthouse. Am I missing something important within those first 30 days?  Thank you!

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you are understanding right.  but just to be clear, there is no particular order to follow. you can send a BOP (BOP does not get filed in court) before, after or at the same time you server your GD.  you are not even required to serve a BOP.  many do win cases staying on the down low, to spring into action during the last 45 days before court. 

that being said, i believe that serving a BOP,  will assist in answering plaintiffs discovery questions with much ease. 

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may i ask, how do you know you may be having a case against you? did you see your name in a court docket?

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@sadinca just noticed you asked me something... I received an intent to pursue litigation Letter from the law firm a couple of days ago. 

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@gradys can I please have a little help on using pleading paper for certain doc's? Did you have your own pleading paper format in a word program on your computer? Or did you download others' pleading paper templates from this forum and just edit and print?

I'm a little confused about how to properly prepare my BOP request and other pleading paper required documents.

Thank you!

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@Roots
First and foremost the best way to get answers directly is to start your own thread, which I highly recommend.  Follow the format of how people start the threads, like the first post of this one. 
 If you were already served a summons/complaint you have to respond to that first. 
For my response to the complaint I basically made mine look like Astmedic's "How I beat midland" post.  If you pm me, I can send it to you. Good luck.

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6 minutes ago, gradys said:

@Roots
First and foremost the best way to get answers directly is to start your own thread, which I highly recommend.  Follow the format of how people start the threads, like the first post of this one. 
 If you were already served a summons/complaint you have to respond to that first. 
For my response to the complaint I basically made mine look like Astmedic's "How I beat midland" post.  If you pm me, I can send it to you. Good luck.

No I haven't been sued yet, just trying to figure out how to use my computer to prepare pleading paper forms before-hand so I don't get stalled out, I'm not that great with computers! 

I'm wondering how to prepare forms properly using pleading paper format. Any advice you have is appreciated, thanks!

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On ‎4‎/‎20‎/‎2017 at 3:11 PM, Roots said:

 

I'm wondering how to prepare forms properly using pleading paper format. Any advice you have is appreciated, thanks!

I think this should work:  https://www.google.com/url?q=http://www.saclaw.org/uploads/files/forms/fillablepleading.pdf&sa=U&ved=0ahUKEwiJifix_bXTAhXEyVQKHUt3Cl4QFggEMAA&client=internal-uds-cse&usg=AFQjCNFle_yaxi2szGi51aLLKG085Rx-lA

 

It comes from the sacramento law library's website.  If the link doesn't work, try searching that website for "template".

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Just an update. I had my CMC a couple of weeks ago.  It was really nothing, about a 30 second exchange.  Like a passing Hello, and Goodbye.  The judge thought I was a lawyer.  I don't know if that is good or not.  Trial set for late October.  Discovery to be sent after I search the forum post some more. 

I'm feeling nervous about the whole trial thing.  Especially about presenting my case.  I hope they dismiss. Wish me luck,
Thanks to @calawyer for all his help. 

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59 minutes ago, gradys said:

Just an update. I had my CMC a couple of weeks ago.  It was really nothing, about a 30 second exchange.  Like a passing Hello, and Goodbye.  The judge thought I was a lawyer.  I don't know if that is good or not.  Trial set for late October.  Discovery to be sent after I search the forum post some more. 

I'm feeling nervous about the whole trial thing.  Especially about presenting my case.  I hope they dismiss. Wish me luck,
Thanks to @calawyer for all his help. 

The nice thing is that you don't have to put on a case.  Plaintiff has to put on a case and prove every element with admissible evidence.

 

You get to sit back (OK, no feet on the table) and object.  We will help.

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I have sent out discovery request.  I got back all the same hearsay documents as the BOP. 

For all my discovery request questions I got objections.  

Discovery summary: 

1. All records, paper and/or electronically stored data, relating to the alleged Citibank, N.A. account ending in 6704 referred to in the complaint.
Answer: Objected ~ overly broad, indefinite as to time, w/o limitation in its scope.  (West Pico Furniture co v. sup court)

 2. The complete Credit Card Account Purchase Agreement dated 02/25/2016 between Citibank, N.A. and CAVALRY SPV I, LLC. and any attachments, exhibits, and/or appendices to same.
Answer: Objected ~ invasion of privacy. 

 3. All contracts, agreements, and/or applications for credit allegedly signed by “xxxxxxxxxxxxxxxxxxxx” or “individual xxxxxxxxxxxxxxxxxxxx.”, relating to the account ending in XXXX referred to in the complaint.
Answer: Objected ~ overly broad (same as #1 above)

 4. All writings concerning the alleged failure of “xxxxxxxxxxxxxxxxxxxx” or “individual xxxxxxxxxxxxxxxxxxxx.” to make payments to Citibank, N.A. on the account ending in XXXX referred to in the complaint.
Answer: Objected ~ overly broad (same as #1 above)

 5. The complete terms and conditions governing the alleged account ending in XXXX from 2007 to the present.
Answer: Objected ~ overly broad (same as #1 above)

 6. All copies of checks, money orders and/or writings from “Plaintiff’s assignor/s” showing any and all payments made by Defendant xxxxxxxxxxxxxxxxxxxx and/or individual xxxxxxxxxxxxxxxxxxxx on the alleged account ending in 6704 referred to in the complaint.
Answer: Objected ~ overly broad (same as #1 above)

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I sent out a CCP96 this earlier this month. 
I didn't get a CCP98 back, I got a "Response to defendant's request for statement of witnesses and evidence."   I don't know if this is the same thing.
For witnesses: they list a representative from Cavalry that is in their New York office.   For evidence they list the same hearsay documents.
 

Question: Do I subpoena the representative from New York?  
Thanks in advance for your help. 

 

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On 10/13/2017 at 7:33 PM, gradys said:

I sent out a CCP96 this earlier this month. 
I didn't get a CCP98 back, I got a "Response to defendant's request for statement of witnesses and evidence."   I don't know if this is the same thing.
For witnesses: they list a representative from Cavalry that is in their New York office.   For evidence they list the same hearsay documents.
 

Question: Do I subpoena the representative from New York?  
Thanks in advance for your help. 

 

the "Response to defendant's request for statement of Witnesses and evidence" is your response to your CCP96 request. 

You do not subpoena any of those alleged "witnesses." those persons included in their response to ccp96 are the witnesses that Calvary intent to call at trial. 

The only witness you need to bother with a subpoena would be the person signing the Declaration in lieu of live testimony (CCP98).  but since you didnt get one, you dont have to subpoena anyone. just for the sake of caution, i would check the docket, to make sure one was not filed, but conveniently for them  got lost in the mail. 

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In the mean time, In your shoes, I would prepare a trial brief, objections to each of the evidence and witnesses. You can see some examples on homelessincalifornia's threat

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The trial brief is harder than I thought.  My case has 2 "charges"  1. Account stated 2. Open book. 
I'm finding it hard to formulate briefing for "Open book" .  Is there any examples for it?

Also, I have received and Affidavit from a Citibank employee that has been notarized.  They are in St. Louis, and there is no address for me to subpoena them.  Is this just an affidavit, but not an affidavit in lieu of testimony?   I don't think it's a CCP 98. 
If I don't get one do I just object like crazy?
 

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Here is a sample of a trial brief that addresses Open Book claim. 

Trial Brief Sample.docx

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