Inthedred

Sued By Winn/Cavalry SPV I in CA

Recommended Posts

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

Share this post


Link to post
Share on other sites

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.

Share this post


Link to post
Share on other sites

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.

Share this post


Link to post
Share on other sites

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. 

Share this post


Link to post
Share on other sites

 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
Add information

Share this post


Link to post
Share on other sites

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?

 

Share this post


Link to post
Share on other sites

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. 

Share this post


Link to post
Share on other sites

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.

Share this post


Link to post
Share on other sites

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?

Share this post


Link to post
Share on other sites

I just received the response to my CCP 96 request.

They sent:

Plaintiff hereby respectfully submits its Trial Witness as follows:

     1. The PMK (Person Most Knowledgeable) for JDB, LLC

     2. Plaintiff intends on calling the named Defendants for testimony.

Plaintiff hereby respectfully submits its Trial Evidence as follows:

     1. Credit Card Agreement

     2. Billing statements dated Nov '15 - Sept '16

     3.Affidavit of Sale of Account by Original Creditor, Bill of Sale, and Schedule Excerpts.

@RyanEX @calawyer

I'm thinking my next move is to send a meet and confer letter to the JDB, letting them know that their Witness list does not comply with the code.

I know that there was a meet and confer letter for this very issue floating around, but the search option is not my friend at the moment and I am having trouble locating it. Any help would be appreciated.

 

TRC is this week and the trial is the 26

         

 

Share this post


Link to post
Share on other sites
On 7/5/2019 at 9:50 AM, Inthedred said:

Thank you to all that helped me along the way, case dismissed with prejudice!

Congratulations, @Inthedred!!  Another win in Cali!!  

Out of curiosity, when did they dismiss?  And was it something specific, in your opinion that did it?

Thanks -- and congratz again!

  • Thanks 1

Share this post


Link to post
Share on other sites

@LoveIsPower It was dismissed just prior to the TRC. In my opinion, the specific thing that got the dismissal was they realized I knew what I was doing and wouldn't be an easy win.

 I sought out their rent-a-lawyer to ask him if he had our joint statement, he asked if I would be willing to settle this matter. I told him I would settle for dismissal with prejudice, deletion of tradelines, mutual release, and each party bears their own cost. He said hold that thought, as he went up for another case, which he won by default because the defendant didn't show up to their TRC. Came back to me, said my offer was a little steep, and he was willing to settle for 10% of the amount claimed. I told him that their evidence was crap, they had no witness, as PMK didn't comply with ccp 96, that their affidavit was hearsay, and also didn't comply with 2015.5 the look on his face was priceless when he realized that I knew what I was doing, he then said, well my client said to take any settlement, and that is a settlement.  

We waited till our case was called, he told the judge that he would be dismissing the case with prejudice at that time, judge asked if I had any objection,  I said no, and that was it. 

The rent-a-lawyer, said he would report back to his client, and I should get a mutual release and confirmation of the rest of our agreement in writing in a week or so... 

The dismissal is already recorded in the court ROA. 

  • Like 2

Share this post


Link to post
Share on other sites
16 minutes ago, Inthedred said:

@LoveIsPower It was dismissed just prior to the TRC. In my opinion, the specific thing that got the dismissal was they realized I knew what I was doing and wouldn't be an easy win.

 I sought out their rent-a-lawyer to ask him if he had our joint statement, he asked if I would be willing to settle this matter. I told him I would settle for dismissal with prejudice, deletion of tradelines, mutual release, and each party bears their own cost. He said hold that thought, as he went up for another case, which he won by default because the defendant didn't show up to their TRC. Came back to me, said my offer was a little steep, and he was willing to settle for 10% of the amount claimed. I told him that their evidence was crap, they had no witness, as PMK didn't comply with ccp 96, that their affidavit was hearsay, and also didn't comply with 2015.5 the look on his face was priceless when he realized that I knew what I was doing, he then said, well my client said to take any settlement, and that is a settlement.  

We waited till our case was called, he told the judge that he would be dismissing the case with prejudice at that time, judge asked if I had any objection,  I said no, and that was it. 

The rent-a-lawyer, said he would report back to his client, and I should get a mutual release and confirmation of the rest of our agreement in writing in a week or so... 

The dismissal is already recorded in the court ROA. 

Haha!  Wow!!  Now this is a funny one!  😂

Gotta hand it to the rent-a-lawyer -- totally honest ("Well, my client said to take any settlement, and that's a settlement.") 🤷‍♂️😂

Perfect example of "litigate-by-numbers, while hoping we don't know what we are doing and make a mistake."  The entire time they know they don't really have anything.

Congratz again, @Inthedred!!

Share this post


Link to post
Share on other sites

@LoveIsPower 

The rent-a-lawyer had 21 or 22 cases in that court room. Definitely litigation by numbers.  

He reminded me of Mr Magoo, (I just dated myself) Had to hold his papers an inch from his nose to be able to see what they said.... lol.

Share this post


Link to post
Share on other sites
10 hours ago, Inthedred said:

@LoveIsPower 

The rent-a-lawyer had 21 or 22 cases in that court room. Definitely litigation by numbers.  

He reminded me of Mr Magoo, (I just dated myself) Had to hold his papers an inch from his nose to be able to see what they said.... lol.

TWENTY-TWO CASES!?  WOW!  😂

And ... Mr. Magoo!!  Wow -- takes me back (way back!).  Hadn't heard that name in so long!  Now it's much more fun visualizing your conversation with him 😁

 

Share this post


Link to post
Share on other sites
On 7/2/2018 at 12:15 PM, BackFromTheDebt said:

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.

Hi there, BackFromTheDebt!

I'm wondering if it's too late fo rme to file a MTC? Here's my story:

Served by Winn Law Group on behalf of Calvary for Synchrony Bank in February 2018. I filed a general denial and BOP. They have sent 7-10 statements to show proof that this is my account. The document showing purchase of debt is sketchy, at best, and generic. 

They served me with Discovery last fall (2018) and I responded to those. Since then, I've heard nothing until the end of June when they filed to push for a trial date. Yesterday, I received notice from the court that our short cause civil trial assignment is set for Oct. 4, 2019. 

My question is is it too late to file for MTC and, as you said above, get this out of court and into arbitration since I'm working with Synchrony Bank (OC)?

Thanks for any input you can provide!

Share this post


Link to post
Share on other sites
On 7/15/2019 at 11:10 AM, sadinca said:
 

MGP Final_Letter Objecting to Witnesses And Evidence_Redacted.docx 14.12 kB · 22 downloads H8spleadingpaper REDACTED OBJECTION TO PLAINTIFF'S DECLARATION IN LIEU.doc 69.5 kB · 11 downloads H8spleadingpaper REDACTED DEC IN SUPP OF OBJECTION TO PLAINTIFF'S DECLARATION IN LIEU.doc 55 kB · 10 downloads MGP Final_Letter Objecting to Witnesses And Evidence_Redacted.docx 14.12 kB · 11 downloads H8spleadingpaper REDACTED DEC IN SUPP OF OBJECTION TO PLAINTIFF'S DECLARATION IN LIEU.doc 55 kB · 7 downloads H8spleadingpaper REDACTED OBJECTION TO PLAINTIFF'S DECLARATION IN LIEU.doc 69.5 kB · 9 downloads Court Transcrip of Witness Interrogation.PDF 866.16 kB · 16 downloads MIL No 1 Sample - CCP Declaration.docx 46.09 kB · 15 downloads MIL No 2 Sample - Evidence or Witnesses Not Named.docx 46.89 kB · 13 downloads MIL No 3 Sample CC Declaration.docx 46.51 kB · 13 downloads MIL No 4 Sample - Statements.docx 47.86 kB · 11 downloads MIL No 5 Sample-Bill of Sales.docx 47.64 kB · 13 downloads Trial Brief Sample.docx 49.06 kB · 14 downloads Object to AFFIDAVIT OF SALE.doc 28.5 kB · 37 downloads Object to BILL OF SALE.doc 25 kB · 31 downloads Object to BUSINESS CARD AGREEMENT.doc 27 kB · 28 downloads Personal knowledge - TRIAL PREP.doc 101 kB · 22 downloads Other_Hearsay_Exception.doc 2.14 MB · 21 downloads Objection to Affidavit of Indebtedness_redacted.doc 68.5 kB · 8 downloads Defendant Objection to Declaration.docx 35.84 kB · 3 downloads

 

http://www2.courtinfo.ca.gov/protem/courses/hearsay_1/01_01.htm

 

Thank you, Sadinca! I now have a trial date of October 4. How do I go about finding out their witnesses and evidence? I'm going through and reading each of these documents you've attached and I'm not sure when or if I should use all or any of these as I approach Oct. 4. After having my case sit for over a year and a half, I find myself needing to refresh my memory on ALL of it again!

Share this post


Link to post
Share on other sites
On 7/9/2019 at 7:10 PM, Inthedred said:

@LoveIsPower It was dismissed just prior to the TRC. In my opinion, the specific thing that got the dismissal was they realized I knew what I was doing and wouldn't be an easy win.

 I sought out their rent-a-lawyer to ask him if he had our joint statement, he asked if I would be willing to settle this matter. I told him I would settle for dismissal with prejudice, deletion of tradelines, mutual release, and each party bears their own cost. He said hold that thought, as he went up for another case, which he won by default because the defendant didn't show up to their TRC. Came back to me, said my offer was a little steep, and he was willing to settle for 10% of the amount claimed. I told him that their evidence was crap, they had no witness, as PMK didn't comply with ccp 96, that their affidavit was hearsay, and also didn't comply with 2015.5 the look on his face was priceless when he realized that I knew what I was doing, he then said, well my client said to take any settlement, and that is a settlement.  

We waited till our case was called, he told the judge that he would be dismissing the case with prejudice at that time, judge asked if I had any objection,  I said no, and that was it. 

The rent-a-lawyer, said he would report back to his client, and I should get a mutual release and confirmation of the rest of our agreement in writing in a week or so... 

The dismissal is already recorded in the court ROA. 

Congrats, Inthered!

I am in the same boat here in NorCal with Winn/Calvary/Synchrony. My trial date is Oct. 4. I'm curious what is a TRC? 

I feel completely clueless on what my next steps are. I was served in Feb. 2018, filed my general denial and BOP and then sat and waited. In the fall of 2018, Winn sent discovery to which I answered in denial of all. And that's it. Nothing has happened until I received notice to compel a date in court and yesterday receiving confirmation of that date (Oct. 4). Did you file discovery? Is it too late for me to do so? Any advice or direction on next steps as I approach this trial date would be so appreciated! 

Share this post


Link to post
Share on other sites

@navy joy  Just to let you know, @sadinca is currently not active in the forums (job change).  He left the documents here for me (and anyone who needed them) by mistake (he was supposed to leave them in my thread 😂).  We really didn't mean to hijack @Inthedred's thread.

Just wanted to let you know that, since you may get more traction/answers/help in your own thread, and wouldn't want you to waste time on a tangent thread.  Unless, of course, you have a question for @Inthedred.

  • Like 1

Share this post


Link to post
Share on other sites
1 minute ago, LoveIsPower said:
 

@navy joy  Just to let you know, @sadinca is currently not active in the forums (job change).  He left the documents here for me (and anyone who needed them) by mistake (he was supposed to leave them in my thread 😂).  We really didn't mean to hijack @Inthedred's thread.

Just wanted to let you know that, since you may get more traction/answers/help in your own thread, and wouldn't want you to waste time on a tangent thread.  Unless, of course, you have a question for @Inthedred.

Thank you! Yes, @sadinca and I had been pm'ing this past year or so and he did inform me that due to a job change he'd be going quiet. I so appreciate all of the help that he has given up to this point! Now, though, I have a trial date and I'm trying not to panic. Where do you recommend I post a new thread? Thank you for responding!

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.