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Sued by Calvary SPV-please help!


bck9432
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I'm being sued by Calvary SPV in Indiana. I received the summons today on my door and have 20 days to respond. The complaint states that the plaintiff owns an account due by me and the assignee was synchrony bank and the amount is 4000.00.They have attached only 1 exhibit which is an affidavit of debt signed by a designated agent of Calvary SPV stating they are familiar with the record keeping practices ofthe plaintiff, that Calvary is not the original owner of the debt. It states the amount owed as of a certain date with the last 4 numbers of an account number. It states the date the alleged account  was opened and the date the last payment was supposedly received on 10/9/16. The affidavit is not notarized  and there is nothing else attached to the summons. Can someone please help me? Should there be other information attached? How should I answer and what affirmative defense could I use? I've been reading about arbitration and the synchrony agreements have arbitration clauses. I've been looking but I can only find a synchrony retail agreement on the consumer protection bureau site for 6/17. How can I find an agreement from before payments stopped on the account? Can I request arbitration in my answer? 

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I know this can be very frustrating; the good news is that there is a lot of wisdom and experience on this site.

To help us help you, please complete the questionnaire - know you have answered some of this in your first posting, but filling out can be very helpful.

1. Who is the named plaintiff in the suit?

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

3. How much are you being sued for? 

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

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

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

7. Was the service legal as required by your state? 

8. What was your correspondence (if any) with the people suing you before you think you were being sued? 

9. What state and county do you live in? 

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

11. What is the SOL on the debt? To find out: 

12. What is the status of your case? Suit served? Motions filed?   

13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?)

14. Did you request debt validation before the suit was filed?

15. How long do you have to respond to the suit?

16. What evidence did they send with the summons?

I don't have any experience in IN courts; however, I do know that the most important thing you can do now is to file an answer to the complaint per your state rules of civil procedure within the required time frame; if you don't, you risk default/summary judgement.  You would need to list arbitration as one of your affirmative defenses.

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bck9432     0
bck9432

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

2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.)   Lloyd and McDaniel 

3. How much are you being sued for?  About 4000

4. Who is the original creditor? (if not the Plaintiff)  Synchrony/hhgregg

5. How do you know you are being sued? (You were served, right?) I was served on 9/27

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

7. Was the service legal as required by your state?

yes I think it was 

8. What was your correspondence (if any) with the people suing you before you think you were being sued?  I haven't had any correspondence with them

9. What state and county do you live in? Indiana Elkhart county 

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

the affidavit says 10/16

11. What is the SOL on the debt? To find out: 6 years

12. What is the status of your case? Suit served? Motions filed?   Served and have 20 days to answer

13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) no I have not 

14. Did you request debt validation before the suit was filed? No I didn't 

15. How long do you have to respond to the suit?

20 days 

16. What evidence did they send with the summons? an affidavit of debt signed by an employee of Calvary 

If I have to file an answer with the motion to compel should I deny everything? I'm concerned that if I deny everything it will look like I don't have a right to arbitration. Also I can't find a synchrony hhgregg agreement from when the account was active. I can only find one from 2017. Can I still attach it to my motion to compel arbitration? Or is there a way to get an older one?

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2 minutes ago, bck9432 said:

Ok thank you! I was thinking that if meant for the judge to approve the motion, but some other clauses I read didn't seem to have the same wording. 

A judge doesn't approve a motion.  He either grants or denies it.  

BTW, your link didn't work.

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1 hour ago, BV80 said:

A judge doesn't approve a motion.  He either grants or denies it.  

BTW, your link didn't work.

http://1cceaovq0k3dpy4b18tqlvb3.wpengine.netdna-cdn.com/wp-content/uploads/2013/04/Synchrony-Application-042016.pdf

It if one party asserts claims in a lawsuit and the other party motions to compel arbitration that the party with claims will commence the arbitration. Does that mean that they have to file the arbitration? It says the person who elects arbitration is the one to choose either aaa or Jams though. Do I send a separate letter to the lawyer electing arbitration or just the copy of the motion to compel?

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Based on advice from other members, I believe you file the MTC arbitration first, and if the court grants the motion, then you commence the action with AAA or JAMS.  It has also been suggested to bring the completed arbitration paperwork with you to the MTC hearing to show the court you are ready to go.

While not up on your state's procedures, I think the most important part now is to answer the complaint and to list arbitration as an affirmative defense.  It would suck to miss the time frame allowed to answer and end up with a default/summary judgement

 

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