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CAVALRY SPV I, LLC suing me CALIFORNIA


WT COLLECTOR
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I'm being sued by CAVALRY SPV I, LLC an assignee for SYCHRONY BANK GE CAPITAL. I was served on the 28th of March. The amount owed is just under 10,000. 

The only document they provided in the complaint was a computer copy of the  account in question at the time of default (Looks like screenshots from a website generated account itself). It's not certfied and is redacted.

They are unsure as to the identy so list two names both of which are my name but one with "AKA" and my middle initial.

They list amounts, dates of last payment and charge-off and alledge to be the sole owners of said debt.

They claim to be the 'assignee' and sole buyer of the charged-off debt. 

I desire to fight this on grounds of standing

In my ANSWER I plan to use the general denial since it's not a verified complaint. I am confused concerning AFFIRMATIVE DEFENCES. Shall I list standing and lack of documents for AD or leave them wondering what I am planning? Do I lose my defense in relation to their standing if I don't use  it as an AFFIRMATIVE DEFENCE?

Thanks!

 

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This being the 2nd of April, I assume you meant the 4th of last month.

You said the original creditor is Amazon.  What was this?  Was it an Amazon credit card?

Dig up the credit card agreement.  Is there an arbitration clause in the agreement?  If so, what are the terms?  That is, do they use AAA or JAMS or both?

If they provided no proof of owning the debt, you can certainly fight this on grounds of standing; that they don't own the alleged debt.  However, if they have some evidence and can pull it out later, things probably won't go well for you.  

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12 hours ago, BackFromTheDebt said:

This being the 2nd of April, I assume you meant the 4th of last month.

You said the original creditor is Amazon.  What was this?  Was it an Amazon credit card?

Dig up the credit card agreement.  Is there an arbitration clause in the agreement?  If so, what are the terms?  That is, do they use AAA or JAMS or both?

If they provided no proof of owning the debt, you can certainly fight this on grounds of standing; that they don't own the alleged debt.  However, if they have some evidence and can pull it out later, things probably won't go well for you.  

I had the date wrong as I wrote that in the middle of the night. It's actually the 28th of March I was served in person at home. 

Here's the terms 

https://www.synchronybankterms.com/gecrbterms/pdf/AmazonCreditCard.pdf

My goal is for the JDB to prove that it owns the account by providing an assinement+bill of sale and then to get them to prove that what they provide is legal. I also might use the defense that they haven't proved that it is in fact me. I intened to follow this post in part

https://www.creditinfocenter.com/community/topic/317277-how-i-beat-midland-in-california/

Since we share the same state. I also am unsure of the copies they provided fall under the hearsay rule since they are simply computer generated screenshots or printout showing account and name but are not offered verified. 

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2 hours ago, WT COLLECTOR said:

I had the date wrong as I wrote that in the middle of the night. It's actually the 28th of March I was served in person at home. 

Here's the terms 

https://www.synchronybankterms.com/gecrbterms/pdf/AmazonCreditCard.pdf

My goal is for the JDB to prove that it owns the account by providing an assinement+bill of sale and then to get them to prove that what they provide is legal. I also might use the defense that they haven't proved that it is in fact me. I intened to follow this post in part

https://www.creditinfocenter.com/community/topic/317277-how-i-beat-midland-in-california/

Since we share the same state. I also am unsure of the copies they provided fall under the hearsay rule since they are simply computer generated screenshots or printout showing account and rane but are not offered verified. 

Did you say Synchronicity?

That is about the best arbitration agreement you can find.  

If I were you, I would get them into JAMS.  There are NO guarantees for anything, but a JDB is less likely to spend the $$$$$ it takes to arbitrate.  For that kind of money, they might.  At worst, you are in a situation where you can get them to agree to a much better settlement.

 

Here is the thing.  As some posters are fond of pointing out, a weak case in court is a weak case in arbitration.  

They PROBABLY have evidence that they own the debt, but they MIGHT have a weak case.  If so, you can probably scare them off.  

If they have the goods on you, it will come out in discovery in JAMS, if it ever gets that far.   

If they decide to pursue this case in JAMS, you will know after discovery what your settlement options are.  

If they run away, you have already won.  

 

Read this forum on filing an MTC, esp. in Cali.  That will be time well spent.  

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3 hours ago, BackFromTheDebt said:
 

Did you say Synchronicity?

That is about the best arbitration agreement you can find.  

If I were you, I would get them into JAMS.  There are NO guarantees for anything, but a JDB is less likely to spend the $$$$$ it takes to arbitrate.  For that kind of money, they might.  At worst, you are in a situation where you can get them to agree to a much better settlement.

 

Here is the thing.  As some posters are fond of pointing out, a weak case in court is a weak case in arbitration.  

They PROBABLY have evidence that they own the debt, but they MIGHT have a weak case.  If so, you can probably scare them off.  

If they have the goods on you, it will come out in discovery in JAMS, if it ever gets that far.   

If they decide to pursue this case in JAMS, you will know after discovery what your settlement options are.  

If they run away, you have already won.  

 

Read this forum on filing an MTC, esp. in Cali.  That will be time well spent.  

Thanks for your help. Like you said, they might have evidence and perhaps not. I'm hoping that their bill of sale lacks the attachment of list of accounts to actually prove that their purchase included the account and not just hearsay. All debt purchases have 1: A bill of sale 2: The attachment 3: List of accounts associated with said purchase.  I've read that the majority of junk debt buyers don't produce the attachment and certainly not a list linking any particular account to their million X debt purchase at auction. A bill of sale is worthless on it's own and doesn't prove anything in relation to any particular debt. 

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11 hours ago, WT COLLECTOR said:

Thanks for your help. Like you said, they might have evidence and perhaps not. I'm hoping that their bill of sale lacks the attachment of list of accounts to actually prove that their purchase included the account and not just hearsay. All debt purchases have 1: A bill of sale 2: The attachment 3: List of accounts associated with said purchase.  I've read that the majority of junk debt buyers don't produce the attachment and certainly not a list linking any particular account to their million X debt purchase at auction. A bill of sale is worthless on it's own and doesn't prove anything in relation to any particular debt. 

The evidence JDBs have is MUCH better now than it was in the past.  Don't assume anything.

That is why I am suggesting arbitration.  If you go against them in court, and they produce the goods, you have lost.

If you go the arbitration route, you are lost if they produce the goods AND if they are willing to pay more $ to fight this case than they could collect from you.  Most of the time, they don't bother to fight it out.  If they are already in court, you KNOW they will fight this to the bitter end in court.

See the difference?

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The evidence JDBs have is MUCH better now than it was in the past.  Don't assume anything.

That is why I am suggesting arbitration.  If you go against them in court, and they produce the goods, you have lost.

If you go the arbitration route, you are lost if they produce the goods AND if they are willing to pay more $ to fight this case than they could collect from you.  Most of the time, they don't bother to fight it out.  If they are already in court, you KNOW they will fight this to the bitter end in court.

See the difference?

 

Yep thanks. I'm going to generally answer and ask for time to contact a lawyer. Then I'm going to see if I can chapter 7. 

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