Vollybal Posted August 9, 2018 Report Share Posted August 9, 2018 Hello all!! New to this forum and Found this after searching the web. Here is my situation: 1. Who is the named plaintiff in the suit? Cavalry SPV I, LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Blitt & Gaines 3. How much are you being sued for? @4750.00 4. Who is the original creditor? (if not the Plaintiff) Synch(ROOMS TO GO) 5. How do you know you are being sued? (You were served, right?) I have not yet been served. I received mail about it and then checked the county's website 6. How were you served? (Mail, In person, Notice on door) Not yet served. It is freshly filed on the County's website 7. Was the service legal as required by your state? Not yet served. 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? Last year they tried to serve me but we moved and they closed the case. Nothing since then. no calls, no USPS mail. 9. What state and county do you live in? Illinois, Will County 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) August 2013 11. When did you open the account (looking to establish what card agreement may be applicable)? 9/2008 12. What is the SOL on the debt? To find out: Statute of Limitations on Debts 5 Years in Illinois according to all the websites I see...As for the card agreement, not sure as I cannot find anything on it 13. 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). Summons issued, Open Case 14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) Nothing is on the credit bureaus for Cavalry SPV...Synch(Rooms To Go) has it as a charge off 15. 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 could be useful to show the court that you dispute the debt ('account stated' vs. 'breach of contract'). never received anything on this current suit for debt. 16. 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? Not served yet but the county's website states the next court date is 9/11 All and any advice would be greatly appreciated!!! Thanks! Quote Link to comment Share on other sites More sharing options...
BV80 Posted August 9, 2018 Report Share Posted August 9, 2018 @Vollybal https://www.creditinfocenter.com/community/topic/329436-arbitration-overview-and-strategy-2018-most-up-to-date-info/ Get a copy of the cardmember agreement that was in effect the year the account went into default. https://www.consumerfinance.gov/credit-cards/agreements/ Quote Link to comment Share on other sites More sharing options...
Vollybal Posted August 9, 2018 Author Report Share Posted August 9, 2018 @BV80 -- Thanks for the reply....I went to the card Agreement website and the issue is that this card agreement is from 9/16...My last payment was 8/13 and I know that this is not the correct timeframe aggreement...I would need to see one that was valid when I was making payments. Also, In the current aggreement from that website it mentions that arb is not an option for Small claims, which the case against me is in....Thinking that it might be better to just look for a debt attorney and see what they can do for me, but I am sure that will cost an arm and a leg as well. Thanks! Quote Link to comment Share on other sites More sharing options...
BV80 Posted August 9, 2018 Report Share Posted August 9, 2018 28 minutes ago, Vollybal said: @BV80 -- Thanks for the reply....I went to the card Agreement website and the issue is that this card agreement is from 9/16...My last payment was 8/13 and I know that this is not the correct timeframe aggreement...I would need to see one that was valid when I was making payments. Also, In the current aggreement from that website it mentions that arb is not an option for Small claims, which the case against me is in....Thinking that it might be better to just look for a debt attorney and see what they can do for me, but I am sure that will cost an arm and a leg as well. Thanks! The archives on that website have 2013 agreements. Is this the small claims language to which you're referring? We will not require you to arbitrate: (1) any individual case in small claims court or your state's equivalent court, so long as it remains an individual case in that court; or (2) a case we file to collect money you owe us. However, if you respond to the collection lawsuit by claiming any wrongdoing, we may require you to arbitrate. If so, that language does not prevent you from arbitrating in small claims. Notice that it says "we will not REQUIRE you to arbitrate". It doesn't say you can't arbitrate, only that they won't require you to do so. Quote Link to comment Share on other sites More sharing options...
Vollybal Posted August 9, 2018 Author Report Share Posted August 9, 2018 @BV80 -- Thanks for that information as that is exactly what it says...Plus i saw that in the archive that it states they will pay for all cost for the arb as well as my legal costs for the arb...Interesting...So would then it be wise to lawyer up and have them proceed with the arb filing as in the agreement they are stating they will pay for the legal costs for me for the arb? Thanks again for the information really appreciate it! Quote Link to comment Share on other sites More sharing options...
BV80 Posted August 9, 2018 Report Share Posted August 9, 2018 40 minutes ago, Vollybal said: @BV80 -- Thanks for that information as that is exactly what it says...Plus i saw that in the archive that it states they will pay for all cost for the arb as well as my legal costs for the arb...Interesting...So would then it be wise to lawyer up and have them proceed with the arb filing as in the agreement they are stating they will pay for the legal costs for me for the arb? Thanks again for the information really appreciate it! You're misunderstanding the purpose of a motion to compel arbitration. The purpose is to get the JDB to dismiss the complaint against you. They don't like arbitration and will dismiss a complaint the vast majority of the time rather than arbitrate. As a result, if you get a lawyer and the JDB dismisses, you will be stuck with his fee. Notice this from the link I provided you. 1. It's not a Bluff, it's arbitration - You are going to ask the court to move your case to arbitration because that is the proper forum per the card agreement. This is not a "bluff" to scare off the JDB. This is a strategy that must be followed through with. It is ok if the JDB does not magically drop the case just at the mention of arbitration. The JDB will continue to work the case as if arbitration was never said, even after you file a Motion to Compel Arbitration in court. The JDB may even pay the initial filing fee of $900 to follow you into arbitration once you start the case. However, soon after that $900 filing fee, the JDB will be sent a first arbitrator retainer bill of about $5,000. This is why you continue arbitration. You are not bluffing, because your case is the same in arbitration as it was in court. You will be making the same arguments and have about the same chance of winning on those arguments (slim, in all honesty). The big difference here is that the JDB must now pay large sums along the way to allow this to happen. So you are not bluffing, you are just moving your case into a forum that they do not like and which forces them to make a cost/reward analysis on whether to continue the case or not. Read the information in that link again. You have to decide if you're willing to follow through. Also, research threads by @fisthardcheese Quote Link to comment Share on other sites More sharing options...
Vollybal Posted August 12, 2018 Author Report Share Posted August 12, 2018 Hey All...Just got served this afternoon and I was looking thru it and I do not see an assignment of debt attached...I was served a couple years ago for a small debt and the summons had the assignment of debt from the Orignal creditor to the JDB. It had like 8 signatures on it from both companies. But this summons did not have it. Another thing, they attached a statement that was clearly in default months earlier but stated that the one attached was when the original creditor charged it off. Not sure if it means anything or not. they also attached a very generic card agreement from the Original Creditor. The affidavit was from a supposed employee of the Plaintiff so not sure if that was anything special as they were from New York and I am in Illinois, but I do not think that matters. Just really interested in the fact that they did not have that assignment attached. Thanks! Quote Link to comment Share on other sites More sharing options...
Harry Seaward Posted August 13, 2018 Report Share Posted August 13, 2018 On 8/11/2018 at 10:14 PM, Vollybal said: Just really interested in the fact that they did not have that assignment attached. Unless your court rules say they have to attach an assignment, it's meaningless. They will get it later ifthey need it. Quit looking for the "gotcha!" here. There isn't one. Just plan to move ahead with arbitration, and for Cavalry to dismiss once the court orders it. Quote Link to comment Share on other sites More sharing options...
fisthardcheese Posted August 15, 2018 Report Share Posted August 15, 2018 The only thing that matters is the card agreement. Does the one they included with your summons include the arbitration clause? Quote Link to comment Share on other sites More sharing options...
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