navy joy

Sued by Winn/Calvary in California. Trial date set. Need advice, please.

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Hello!

I'm being sued by Winn Law Group on behalf of Calvary for Synchrony Bank. Here are my details:

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.) Winn Law Group

 

3. How much are you being sued for?  approx $1400

 

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 on 2/4/2017

 

6. How were you served? (Mail, In person, Notice on door) In person to both my husband and I (joint account)

 

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

 

8. What was your correspondence (if any) with the people suing you before you think you were being sued? debt "validation" packet including a Bill of Sale (with two dates on it - July 16, 2014 and Dec. 26, 2014), and 3 or 4 statements (dated 12/14, 6/14, 5/14); Notice of Intent to File lawsuit October 2017.

9. What state and county do you live in? Sacramento, California

 

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) April 14, 2014

 

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). Trial date of 10/4/19

 

13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) Yes because on some credit reports they are listing their account as a separate account from the OC making it look like I owe both the OC AND the JDB

 

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. Yes.  Bill of sale, a spread sheet type thing with all of my account info and ~ 4 months worth of statements.

 

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?  Responded with general denial and BOP. 

1.Account Stated 
2. money lent

 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Exihibit “A” ~ monthly statement from 4/14, listing last payment made on 4/14/14

In the fall of 2018, Winn served discovery on me to which I answered specifically with the help of @sadinca (thank you!). Since then, I've heard or done nothing. I have not served discovery on them or anything else after responding to discovery.

I'm at a loss for what my next steps are. I was notified yesterday of the court date of 10/4/19.  Is it normal to not have a CMC? 

Do I file a ccp96? Anything else I should be doing?

Any advice on what I do from here would be so appreciated! Thank you!

 

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8 hours ago, navy joy said:

Any advice on what I do from here would be so appreciated! Thank you!

I was sued by Winn too. They do not answer to discovery request. (Jerks).

Don't forget about the frame time to file the CCP 96. Somebody lost the case against them for filling 2-3 days too soon.

Please update what you do. My court date is in early 2020. 

Good luck.

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Thanks, @YOLO YOLO

Reading over @calawyer previous replies in other threads, it looks like I can send the CCP 96 exactly 45 days before my trial date. Calawyer, I'm wondering if that 45 days includes weekends or if it is business days or ??

Do I even bother sending discovery at this point (since trial date is Oct. 4) since I can do the CCP 96?

Thank you for any help!!

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12 hours ago, navy joy said:

Do I even bother sending discovery at this point (since trial date is Oct. 4) since I can do the CCP 96?

Hi, I doubt they will answer to your discovery request and if they do, it will be objecting to pretty much everything with blah, blah, blah vague answers worth nothing. They will reply with a (copy and paste) from other cases they have, (it will take them 5 minutes to answer your discovery). They never answered mine and its over 40 days now.

Concerning the 45 days to file the CCP 96, I've seen an example  online using a calendar showing you how to do the counting. I believe needs to be sent within 45 days so if you are not sure, send it closer to the 40 days mark rather than 45 in case you miscount.

I believe you can win the case if you fight. CCP96 and subpoena their witnesses.

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