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How Do I resspond to a Small Claims/Debt Claim Citation


cwatkins
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Hello Everyone,

I was served with a small claims/debt citation in El Paso Texas by Cavalry SPV LLC. The account they are suing me over is a previous account I opened with a credit card company. I am assuming the bought the collection account. I just wanted to know if anyone knows how I should respond to this lawsuit. I have been doing a little research but would like to get a few more opinions on the matter. Any ones help would be greatly appreciated.

 

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I found the attached document on the El Paso court site; from you post, I am assuming this is the right court.

For now, please focus on your answer to the citation.  It looks like a written answer is due within 10 days.  Failing to file a timely answer usually means the other side wins.

 

smallclaims_justicecourt_info.pdf

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wernda1234 Thank you. I am filing my response today. It is just a 1-page denial form it was the only thing I found on the website you provided, However, I am not sure if I need to file anything else. This is a third party collection agency and I am not even sure if they have the right to sue since the papers I was served state they are "assignee" of the original creditor.  Shouldn't they be the owner of the debt to be able to sue?

Thanks 

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18 minutes ago, cwatkins said:

This is a third party collection agency and I am not even sure if they have the right to sue since the papers I was served state they are "assignee" of the original creditor.  Shouldn't they be the owner of the debt to be able to sue?

They are a junk debt buyer not a collection agency.  As an "assignee" they are saying they bought your debt and are now the owner.

Are you in Justice Court?  If so, you have to get permission of the court to do discovery.  If this is a Synchrony account they have private arbitration.  I would file a motion to compel PRIVATE contractual arbitration at the same time I file my answer.  JAMS costs so much that typically JDBs like Cavalry drop the entire matter.

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Yes, it is justice court and yes it is synchrony. and I am not sure what a motion to compel private contractual arbitration is or how I would even begin to do that. do I go on a separate website with synchrony to do that or just file in court on a separate document. Sorry I am a little new to all of this. thank you for the info already provided.

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7 minutes ago, cwatkins said:

Yes, it is justice court and yes it is synchrony. and I am not sure what a motion to compel private contractual arbitration is or how I would even begin to do that. do I go on a separate website with synchrony to do that or just file in court on a separate document. Sorry I am a little new to all of this. thank you for the info already provided.

FIRST you need to answer the suit and in Texas you need to raise private contractual arbitration as an affirmative defense or there is Texas case law that by not doing so you waive your right to it.  Search for threads on arbitration and Texas here and start studying.

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