Sued by CAVALRY SPV I - COMPLAINTS Account State & Open Book

[procrastin8or]

I'm in LA, CA and I've been lurking the forums for quite a while now but want to make sure I have my response right. I was surved on 5/07/18 and 30 days looks like its 06/06 (next wed), I haven't responded yet but I have my general denial form printed out and signed (Because I can't find anything that looks like a verified complaint). Do I need to write any more FACTS on line 2 in the general Denial Form? 

Also, I don't quite understand how to file a BOP (Bill of Particulars) 

 

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

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

3. How much are you being sued for?  $2,224.00

4. Who is the original creditor? (if not the Plaintiff) Synchrony Bank (Ashley Furniture Credit Card)

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

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

7. Was the service legal as required by your state? Yes, As far as I know

8. What was your correspondence (if any) with the people suing you before you think you were being sued? None really. To be honest I completely forgot about this  

9. What state and county do you live in? Los Angeles, CA

 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Dec 2016

11. What is the SOL on the debt? 4 years

12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). Suit served, 30 days to respond.  I have about 5 more days to answer

 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No

 14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late. There's one printed statement from 2016 here that looks like a printed page from an account UI. Only the last 4 numbers in my account# are visible. 

15. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit?  30 days to respond;

COMPLAINT FOR COMMON COUNTS

1. Account Stated 
2. Open book

 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. 

1. Affidavit of Sale is included

2. Blanket Certificate of Conformity for Notary

3. Screenshot / Image of the statement of my last payment 

 

One last thing - How can I be sure that none of these complaints are verified? Thanks in Advance 

 

[procrastin8or]

No Replies? Please someone like @calawyer help me out I plan on going down to the court in the am to file my response. 

 

Tom Vickers

[fisthardcheese]

I know that the Synchrony Card uses a nice arbitration agreement that Cavalry does not like and has not to-date completed an arbitration case when forced into it. There are also many people here who have success against JDBs using the court process as well, so it will be up to you which path to choose.  I don't know about CA courts, but the information regarding the arbitration method can be found in the link in my signature.

[procrastin8or]

6 hours ago, fisthardcheese said:

I know that the Synchrony Card uses a nice arbitration agreement that Cavalry does not like and has not to-date completed an arbitration case when forced into it. There are also many people here who have success against JDBs using the court process as well, so it will be up to you which path to choose.  I don't know about CA courts, but the information regarding the arbitration method can be found in the link in my signature.

Thanks so much @fisthardcheese . Is there a resource somewhere on here on finding the version of my Synchrony (At the time GE Capital) agreement on a resource on this site? I can't find it in my own records. and I've been searching around the boards 

[small-town-girl]

@fisthardcheese Wouldn't this one be past the SOL since last payment was in 2012 and in CA SOL is 4 years?  (Haven't looked that up, going by OP information)

[Credithis]

Wow, last time you paid was 2012? SOL in California is 4 years... They are suing on a time-barred debt....

[procrastin8or]

4 minutes ago, small-town-girl said:

Wouldn't this one be past the SOL since last payment was in 2012 and in CA SOL is 4 years?  (Haven't looked that up, going by OP information)

@Credithis

My mistake, I copied another person's answer from another post,  just edited my original post. My last payment was Dec 2016. They are within the SOL. 

[small-town-girl]

Ah well shucks!  Listen to @fisthardcheese he is a tremendous help and educator!

[fisthardcheese]

1 hour ago, procrastin8or said:

 Is there a resource somewhere on here on finding the version of my Synchrony (At the time GE Capital) agreement on a resource on this site? I can't find it in my own records. and I've been searching around the boards 

Search the google machine.

A Synchrony Agreement from 2016 should easily be found.

[procrastin8or]

7 minutes ago, fisthardcheese said:

Search the google machine.

A Synchrony Agreement from 2016 should easily be found.

Thanks again @fisthardcheese . I found this one from their website but there's no date https://www.synchronybankterms.com/pdf/184-017-00.pdf , should be fine?  As long as I file with the court by 06/06/18 (served 05/07/18) I will be okay right? Even if I go the arbitration route? 

 

 

[fisthardcheese]

3 minutes ago, procrastin8or said:

Thanks again @fisthardcheese . I found this one from their website but there's no date https://www.synchronybankterms.com/pdf/184-017-00.pdf , should be fine?  As long as I file with the court by 06/06/18 (served 05/07/18) I will be okay right? Even if I go the arbitration route? 

 

 

The date is at the top there.  September 2017.

[mrb0x]

49 minutes ago, procrastin8or said:

Thanks again @fisthardcheese . I found this one from their website but there's no date https://www.synchronybankterms.com/pdf/184-017-00.pdf , should be fine?  As long as I file with the court by 06/06/18 (served 05/07/18) I will be okay right? Even if I go the arbitration route? 

 

 

You must file an answer with the court regardless and then file a motion to compel for arbitration if you go that route. I'm in similar situation with same jdb and lawyer but different oc. 

I haven't filed my answer and mtc yet, but have already started the arb process.

@fisthardcheese has an excellent write up on the arb process and it's fairly easy, but the main and first thing is to file your answer as you don't have much time left. I believe you can file your MTC along with your general denial and then begin the arb paperwork.

 

[procrastin8or]

Thanks @mrb0x & @fisthardcheese, I found a copy of an agreement with the arbitration clause from 2014 however it isn't from Ashley Furniture, would it still be okay to include it in my answer? I also can't figure out if filing a general denial is okay with filing a MTC.  @fisthardcheese Seems to indicate that filing a more detailed answer would be better but I'm not exactly sure what to say and I've been researching for hours. Thanks again everyone. 

[mrb0x]

57 minutes ago, procrastin8or said:

Thanks @mrb0x & @fisthardcheese, I found a copy of an agreement with the arbitration clause from 2014 however it isn't from Ashley Furniture, would it still be okay to include it in my answer? I also can't figure out if filing a general denial is okay with filing a MTC.  @fisthardcheese Seems to indicate that filing a more detailed answer would be better but I'm not exactly sure what to say and I've been researching for hours. Thanks again everyone. 

I tried looking for an Ashley Furniture agreement but could not find it either. I'm unsure if the one you found for 2014 would work.

It looks as if you can log in and request one from the Synchrony site if you plug in your info.

https://www.mysynchrony.com/mysyf/account-features/cardholder-agreements.html?intcmp=na-homenetwork_cardholder-footer-cardholderagreements-internal&resolvetemplatefordevice=true

Looks as if they may have changed the card to a Synchrony Home card that works at different furniture stores? 

[procrastin8or]

@mrb0x Thanks for helping me out. 

So going through the entire summons I fear that there is a verified complaint here. Can anyone help me double check to see if this is a verified complaint? Someone on these boards said that Cavalry never has verified claims so I took that for granted. 

I do need help with my answer. 

I had planned on filing a General Denial as an answer along with a motional to compel private arbitration & dismiss 

 

MOTION TO COMPEL PRIVATE/CONTRACTUAL ARBITRATION AND DISMISS

OR IN THE ALTERNATIVE, TO STAY PROCEEDINGS PENDING ARBITRATION

NOW COMES Defendant, appearing Pro Se for its Motion to Compel Private

Contractual Arbitration and as grounds thereto states the following:

1. That on or about May 7, 2018,Plaintiff filed its Complaint against Defendant.

2. Defendant sent a letter via certified mail to Plaintiff's attorney on June 5, 2018 (I will send letter same day)

, electing arbitration with JAMS and requesting dismissal of this case (see Exhibit A, attached).

3. Defendant moves this court to compel binding Private Arbitration based on the terms

and conditions of the Credit Card Agreement (see Exhibit B, attached).

4. The parties are bound by the Credit Card Agreement. The Arbitration Agreement

states among other things:

"HERE QUOTE MULTIPLE LINES FROM THE ARBITRATION SECTION OF MY AGREEMENT"

_______________________________________

JOHN DOE (My name), Defendant Pro Se

One other thing is that i am leaving on a planned vacation this Sunday for a week. 

[fisthardcheese]

I would add in some case law to that MTC.  Also, I am not a fan of sending a letter this late if not already done so unless your card agreement explicitly requires it (I don't believe the synchrony agreement does).  I find it to be extra needless steps.

If you aren't sure if the complaint is verified or not, it is probably wise to file a detailed answer since that is required in CA for a verified complaint, as far as I know (which is little to none about CA courts).  A detailed answer is not complicated, you just go line by line on their complaint and deny or admit to each one.  "As to paragraph 1 in Plaintiff's complaint, Defendant denies..." and so on.

[mrb0x]

I've read if the complaint is verified, it is usually accompanied by another page that states the complaint is verified and is signed by the plaintiff.

A complaint where the plaintiff (or, in limited cases, the plaintiff's counsel) swears to the allegations, demonstrating to a court that the plaintiff has investigated the charges against the defendant and found them to be of substance. In many jurisdictions, a complaint does not need to be verified unless a rule or statute specifically states otherwise.

Typically a plaintiff verifies a complaint by attaching a page at the end containing a statement made under oath that:

• The plaintiff has reviewed the complaint.
• Regarding the allegations of which the plaintiff has personal knowledge, the plaintiff knows or believes them to be true.
• Regarding the allegations of which the plaintiff does not have personal knowledge, the plaintiff believes them to be true based on specified information, documents, or both.

[lesliek]

In the event that this helps anyone I found archived Credit card agreements on this website: https://www.consumerfinance.gov/credit-cards/agreements/ 

I was able to find one from GE Capital from 2012 for an Amazon Card I used to have that was eventually Synchrony.  I have a suit coming up with Cavalry myself in which they are using the Synchrony labeled Credit card Agreement in the Exibits, however, my last payment was made in Feb 2013 prior to GE Capital rebranding as Synchrony so it's not the original document governing my account.  I'm going to insist the case be dismissed because in Georgia I believe they need to have the original terms/contract in order to pursue a case and I can prove that the one they submitted is from a time later than the account was created and having not used the card after the change-over I never technically accepted those terms.   Obviously if that does not work both the agreement they are using and the original GE Capital agreement both have arbitration clauses so I'll be armed with an MTC for arbitration and the original agreement with the clause highlighted and copies of the one they are trying to pass off with the same section highlighted.  We shall see how it goes.  Still creating my MTC and will apply to JAMS sometime in the next week prior to my Magistrate court case here in Georgia.  Appreciate all the very helpful information on this site!

[fisthardcheese]

38 minutes ago, lesliek said:

 

In the event that this helps anyone I found archived Credit card agreements on this website: https://www.consumerfinance.gov/credit-cards/agreements/ 

I was able to find one from GE Capital from 2012 for an Amazon Card I used to have that was eventually Synchrony.  I have a suit coming up with Cavalry myself in which they are using the Synchrony labeled Credit card Agreement in the Exibits, however, my last payment was made in Feb 2013 prior to GE Capital rebranding as Synchrony so it's not the original document governing my account.  I'm going to insist the case be dismissed because in Georgia I believe they need to have the original terms/contract in order to pursue a case and I can prove that the one they submitted is from a time later than the account was created and having not used the card after the change-over I never technically accepted those terms.   Obviously if that does not work both the agreement they are using and the original GE Capital agreement both have arbitration clauses so I'll be armed with an MTC for arbitration and the original agreement with the clause highlighted and copies of the one they are trying to pass off with the same section highlighted.  We shall see how it goes.  Still creating my MTC and will apply to JAMS sometime in the next week prior to my Magistrate court case here in Georgia.  Appreciate all the very helpful information on this site!

I would not use that approach in GA and especially in Magistrate.  They do NOT need the original agreement.  All they need is a flimsy affidavit stating you owe them money scratched out in crayon and you will have a judgement before you know it.

I would read my past threads on GA magistrate courts.  The main work in Magistrate is done in the meeting with the attorney before going to the judge.  I would ONLY use the arbitration argument if it were me and on top of that, if they have provided an agreement with arbitration in it, I would use that agreement regardless of the date.  It is the easiest one to go with and does not change your strategy in the least.  Why argue over a contract if it has the same arb clause? That's just shooting yourself in the foot for no reason.

[lesliek]

Ok, thank you for the advice.  I'll just File with JAMS and create the MTC and show up in court with the proof of filing and MTC and see what happens.  

 

[lesliek]

Quick question.  My case is being heard in the morning and Cavalry has now sent in the last week another 2 stacks of papers to justify the debt (all more garbage of the same couple statements and the mass bill of sale and BS affidavits) but the thing that is different in all the paperwork they have sent and the stuff they filed is they have sent 3 DIFFERENT copies of Amazon/Synchrony card agreements.  Sooooo I have the actual original from GE Capital that I have printed in triplicate to go with my MTC, as well as the different versions they supplied.... which one should go with my MTC?  Mine is the correct one but they have sent 3 different versions of the agreement and they all have a little typo in the arbitration clause where it should say amazon.com it just has a v there.  wtf? I'm thinking in this case it is better to go with mine and if there is any issue with that in court where they say that isn't the agreement I could pull out the other three they sent and say, do you mean this one? or this one? or this one?...  Thoughts? Sorry I know it's last minute on here.