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Civil Summons from Cavalry- dble checking


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Hello!

I've been doing research on behalf of a family member who was served a civil summons by Cavalry via Gurstel Chargo (google showed me how nasty they are), in the state of AZ, for less than $1k. The summons is vague, providing the amount owed and the original CC issuer. No account information, dates etc.

I have most of the answers typed up for admitting or denying. It is possible that this falls into the Statute of Limitations. My family member no longer has the card, nor the account information beyond a settlement letter from August. (For empathy's sake, the family member is a widow who works full time, and things do get laid aside in the chaos of daily life) It has been several years since this card was even seen.

So I do have some Affirmative Defenses at the end of the answers. Is it ok/correct  to use these Defenses?

Affirmative Defenses

Lack of Privity as defendant has never entered into any contractual or debtor/creditor arrangements with plaintiff.

Defendant invokes the Doctrine of Laches as the Plaintiff or the person or entity that assigned the claim to the Plaintiff waited too long to file this lawsuit, making it difficult or impossible for the Defendant to find witnesses or evidence or that evidence necessary to provide for Defendant's defense has been lost or destroyed.

The Plaintiff’s complaint is time-barred by the applicable Statue of Limitations with respect to credit card debt in the state of Arizona.

The defendant has the right to present other affirmative defenses that may become applicable at a later date.

Wherefore, Defendant requests this Honorable Court to dismiss the Complaint and to enter judgement in favor of Defendant and against Plaintiff.

 

Respectfully submitted,

 

We were served on Halloween (Trick or Treat!) and I've been trying to help my family member in anyway to relieve stress and get things done on time. Thank you for any additional insight you can provide.

 

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22 minutes ago, CactusKid said:

It is possible that this falls into the Statute of Limitations. My family member no longer has the card, nor the account information beyond a settlement letter from August.

No longer possessing the card means nothing to the SOL.  What does matter for the SOL is when they made the last payment on the account.  They need to contact the original creditor and find out when that was.  Given that the SOL in AZ on credit card debt is 6 years it is entirely possible it is very much NOT out of the SOL.

23 minutes ago, CactusKid said:

(For empathy's sake, the family member is a widow who works full time, and things do get laid aside in the chaos of daily life)

Very sad but unfortunately not a defense to a debt lawsuit.

24 minutes ago, CactusKid said:

Lack of Privity as defendant has never entered into any contractual or debtor/creditor arrangements with plaintiff

Slim.  The reality is the debt buyer has stepped into the shoes of the original creditor.  I would have a LOT of case law to back this up.

24 minutes ago, CactusKid said:

Defendant invokes the Doctrine of Laches as the Plaintiff or the person or entity that assigned the claim to the Plaintiff waited too long to file this lawsuit, making it difficult or impossible for the Defendant to find witnesses or evidence or that evidence necessary to provide for Defendant's defense has been lost or destroyed.

Slim to no chance this works unless they waited a decade or more to sue from the last payment.

25 minutes ago, CactusKid said:

he Plaintiff’s complaint is time-barred by the applicable Statue of Limitations with respect to credit card debt in the state of Arizona.

Unless you know this is accurate I would not claim it.  Find out before you file this defense.

 

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How should one respond to these allegations? (admit, or deny?)

7. Pursuant to A.R.S. 12-341 the prevailing party shall be entitled to an award of all costs in pursuing this action.

8. Court costs as actually incurred are chargeable to Defendant if Plaintiff is the prevailing party.

And is a Cover Letter required for this when we go to the court house and send this to the lawyer? If so, what should be included on this cover letter?

Edited by CactusKid
ETA cover letter question
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