Being Sued by Cavalry SPV I, LLC on behalf of Synchrony, who bought debt from a small business

[Leslie64]

Thanks in advance for any help.  MY trial date is 11/05/18 and I would like to know if I should get a continuance.  I should probably have filed a SDT, or MTC based on

my request for strictest proof in my response.  In any event, I have received nothing. I never entered into an agreement with these people.  

I have received the Bill of Particulars and requested strictest proof of all of their deficient documents; however, we go to court on 11/05/18 for trial.

Shouldn't they have supplied me with the requested info by now?  Also, can I file a MTC along with a Motion to Dismiss, since they have not responded?

None of these documents they provide even mention me (except the statement and my name is misspelled) nor have they provided an agreement with

my signature.  Am I on the right track.  Thanks

RW

response.09.30.18redactedforwebsite.docx

BILLOFSALE.pdf

BOPANDSTATEMENTS.pdf

TERMS.AGREEMENT.AFFIDAVIT.pdf

[Harry Seaward]

4 hours ago, Leslie64 said:

Am I on the right track.

As far as the MTC, if you're talking about arbitration, then that's the only right track you're on. Everything else you're trying to do is tilting at windmills. The credit card statements with your name and address are plenty sufficient for a court to find this is your legitimate debt. 

[Clydesmom]

2 hours ago, Leslie64 said:

None of these documents they provide even mention me (except the statement and my name is misspelled) nor have they provided an agreement with my signature.

The bill of sale on the account does not have to mention you specifically.  The court is fully aware that bad debt(s) are bought in pools of accounts not individually.  An affidavit certifying yours was one purchased and the bill of sale will be sufficient.  The court is also acutely aware there is no signed agreement with your signature.  They will not be looking for one.

2 hours ago, Leslie64 said:

Shouldn't they have supplied me with the requested info by now? 

Based on what you posted?  No.  You messed this up.  You do not file your answer to the suit with the BOP answers.  You could potentially be at risk for a summary judgment for failure to properly answer the suit.  As for the "requested information" you also put that in your answer for the BOP.  Once you were sued you have to comply with the discovery process for your court.  If you did not do that they are free to ignore your request for evidence.

2 hours ago, Leslie64 said:

Also, can I file a MTC along with a Motion to Dismiss, since they have not responded?

The MTC yes.  The MTD?  Won't work.  They were not required to respond for that BOP demand for "strictest proof."  

2 hours ago, Leslie64 said:

Am I on the right track.

No.  Reading your affirmative defenses they appear to be cut and pasted from the internet and you did no research on this type of case.  First the Statute of Frauds is only allowed as a defense in credit card cases in Utah.  Under basic contract law as an assignee Cavalry very much has standing to sue you.  There does not have to be consideration between you and Cavalry for there to be a valid debt you owe.  When they bought the account they stepped into Synchrony's role as creditor with all the rights and responsibilities.  Nor is there required to be personal knowledge of the debt. 

They have MORE than enough to prevail in this case.  "Strictest proof" or beyond a reasonable doubt is reserved for criminal cases.  In a civil case the standard is the preponderance of the evidence and right now based on what you posted the balance is heavily shifted in their favor.

File the MTC arbitration and try to get it out of court.  That is your best and possibly only hope.

[Leslie64]

Thanks for the input. The documents the provided albeit one is an affidavit is not notarized and each document in no way identifies anything relevant to me. These are just pieces of paper.  Their documents don't have my name, account number or anything.  I could have created them.

Edited October 24, 2018 by Leslie64

[Clydesmom]

24 minutes ago, Leslie64 said:

I never took out a credit card with this care provider. 

Hang on.  If you never opened this account you have a valid defense in identity theft.  You need to use it.  You also need to order paper copies of your credit reports and see if any other accounts have been opened in your name.

[Leslie64]

No others. Just this one.there was an agreement prior to that in exchange for the goos reviews of the service to other burn survivors there would be no further charges. They reneged without telling me. Also, from every thing I have read because I did research it..cavalry has no standing as they have no signed agreement. They have only produced pro forma documents that are not even specific to me.  The dates the account was opened was 4/17. A year after treatment stopped and I was in Texas at the time.  I will just argue that and proceed as planned. I beat another case against a bank for not allowing me a few months to get on my feet after being hospitalized who hit me with double my charges in interest and atty fees. I used my own but very different pleadings. In the end when I told their attorney how I was treated and that I would show up in court with my medical records and pictures of what I looked like when i went to the bank abd asked for forbearance or a stay for a few months, they refused, took all of my check for payment. I aksed if I could make half a payment and they took it in its entirety. The check was for my prescriptions, food as well as one payment for the card. I advised that this would make them look like sadistic fools and to govern themselves accordingly.  I ended up paying almost all of the 4000 balance, which is fair. But I also demanded no fees, no interest, no 1099 and withouthout prejudice.  I got everything I asked for. I know this is off track a bit...bit I think I will move forward as plans unless I hear from a Virginia attorney in here that tells me I am screwed.