Inthedred

Sued By Winn/Cavalry SPV I in CA

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Hello All,

I found this wonderful site quite some time ago, and I have learned a lot of valuable information.

I have been working on trying to clean up past credit issues from a difficult time the wife and I went through. However I have recently received a summons and complaint on an alleged account that we haven't cleaned up yet. 

So my intention are to answer the complaint with a general denial, as it does not appear to be a verified complaint, and send off a BOP then a meet and M&C letter when they respond with junk to my BOP.

Or do you think that there is something else I should do off the bat?

1. Who is the named plaintiff in the suit?

Cavalry SPV as assignee of Synchrony Bank FKA GE Capital Retail Bank

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

Winn

3. How much are you being sued for?

More than 4K less than 5K

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

Synchrony Bank

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

Served

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

In Person

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

Yes

Process Service Requirements by State - Summons Complaint

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

Got collection letters in the mail from Cavalry and the intent to sue letters from Winn

9. What state and county do you live in?

San Diego County California

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

Around Feb of '16

11. When did you open the account? (looking to see which agreement/contract may be applied)

2006?

12. When did you open the account (looking to establish what card agreement may be applicable)?

2006?

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

4 Years

Statute of Limitations on Debts

14. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or B) looking it up online (many states have this information posted - when you find the online court site, search by case number or your name).

Served

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

No

16. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request before being sued, it likely won't help create FDCPA violations, but disputing after being sued could be useful to show the court that you dispute the debt ('account stated' vs. 'breach of contract').

No

17. How long do you have to respond to the suit? 30 days, by 7/24.  (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.1) account stated 2) money lent Did you receive an interrogatory (questionnaire) regarding the lawsuit? No.

Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits

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

They included the 3/16 statement as exhibit A

19. Read this article:

I have

Sued by a Debt Collector - Learn How to Fight Debt Lawsuits

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Hopefully our Cali guys will chime in, but here is what you need to do to win this one.

 

Synchronicity has a great (for you) arbitration agreement.  You need to file a MTC and get this out of court and into arbitration.  Very unlikely Calvary will follow.

1.  Get the proper agreement from the CFPB web site.

2. Read up on arbitration on this forum.

3. Read up on how others in California handled this sort of situation, on this forum.

 

That's your homework assignment.  That will give you the information you need to win.

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Here is the link to my case that I won against Winn in San Diego: 

 

Hopefully this provides you with an outline, but let me know if you have any questions.

Happy to help.

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First that you to those that have posted,  I appreciate it.  

Just a little update: 

General Denial, request for BOP and filed a MTC arb today. Hearing for the MTC is at the end of August.  

Once again, thank you all. 

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 Hello all, help needed....

I checked the court ROA, and there is a tentative ruling to deny my MTC. stating that I failed to show that the plaintiff would not arbitrate, see Code of Civil Procedure section1281.2

The hearing is tomorrow afternoon.

Any thoughts on how to argue this so the judge changes his mind? 

They failed to arbitrate when they filed suit?

The agreement states, "the party who wants to arbitrate must notify the other party in writing.this notice can be given after the beginning of a lawsuit, or in papers filed in the lawsuit."

Included in my General Denial "papers filed with the court" "affirmative defence lack of subject matter jurisdiction - the underlying contract, located on page four (4) contains a private arbitration clause which the defendant has elected to exercise. Therefore, this court does not have jurisdiction to hear thus matter"

Included in my motion, "papers filed in the lawsuit?" The defendant elects arbitration with JAMS to settle this dispute. 

Edited by Inthedred
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Hello All, Hoping to get some responses from the California people.... sadinca , RyanEX . 

My trial is set for mid July. so far I have not received any request from Calvary for discovery. 

At what point in time should I send them my request for production of documents?

 

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stating that I failed to show that the plaintiff would not arbitrate, see Code of Civil Procedure section1281.2

When I went to the hearing the judge basically said I had nothing to show that the plaintiff would not arbitrate. 

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I don't know much about arb, is it possible it was a procedural error on your part?

Arb can be a quicker way to deal with these types of lawsuits, but in a straight up trial California laws give you a lot of advantages over a JDB like Cavalry. So don't worry, start studying and you can beat them this way too.

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The trial will be mid July, when should I send off a request for production of documents? They have not asked for any discovery yet. Should I just sit tight for the time being?

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