Trin

Cavalry SPV I LLC, Assignee of Synchrony Bank

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Cavalry portfolio is suing me on a dept dated from 2016.  I Truly have no knowledge of this debt.  They produced a bill of sell with no amount on it and a account summary for evidence.  I did ask for the original contract with my signature and they have not received it.  I would like them to prove that I own this debt by presenting the original contract or at least tell me what the money was used for and they are not able to.  I have a court date for Sept 30th and I can not afford a lawyer.  What should I do?

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38 minutes ago, Trin said:

I did ask for the original contract with my signature and they have not received it.

There is no original signed contract in a credit card case and the courts all know it.  They will not expect one.  

39 minutes ago, Trin said:

I would like them to prove that I own this debt by presenting the original contract or at least tell me what the money was used for and they are not able to.

Again, there is no original contract.  Account statements are sufficient to prove there is a debt in most courts.  What you charged on the account is not relevant for the purposes of the suit.

39 minutes ago, Trin said:

I Truly have no knowledge of this debt.

Synchrony underwrites store cards like Victoria's Secret, Walmart, Lowe's, Dick's Sporting Goods etc.  Did you ever have a card like that?

40 minutes ago, Trin said:

What should I do?

File a motion to compel arbitration and hope they court grants it.

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I would like to point out on the credit card statement it does not show what was charged.  It only shows original balance, charged amount, billing cycle of payments made and not made.

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I’m a little confused on how you can take over a contract that was owned by someone else without producing the original contract in question?  

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9 minutes ago, Trin said:

I’m a little confused on how you can take over a contract that was owned by someone else without producing the original contract in question?  

Credit card banks provide cardmember agreements to their customers.  Those agreements are not signed and they include a statement that if the customer uses the card, the customer has agreed to the terms and conditions in the agreement.  

The plaintiff only has to provide an accounting of the debt if your courts require it via rules or court decisions..  Otherwise, it is not required.

 

 

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So I can be sued without seeing sufficient evidence that I have signed a contract.  There is not even a credit card number listed on the account or what was purchased.  Basically someone could have took out a credit card account in my name and even though they can not provide a original application or contract of the account, they could win?  Can I request to be provided more information for proof of debt?  I don’t see how a account statement can be considered proof of debt..  The original debtor is not even suing me and has nothing on file.

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6 minutes ago, Trin said:

So I can be sued without seeing sufficient evidence that I have signed a contract.  There is not even a credit card number listed on the account or what was purchased.  Basically someone could have took out a credit card account in my name and even though they can not provide a original application or contract of the account, they could win?  Can I request to be provided more information for proof of debt?  I don’t see how a account statement can be considered proof of debt..  The original debtor is not even suing me and has nothing on file.

More than likely, you did not sign a contract.   Contracts can be formed by “use and acceptance”.   If they can show you used the card and made payments, that’s proof of a contract.

Did the complaint allege a date of last payment?

If you’re in justice court, you would have to request permission to conduct discovery.  

Please read the thread on arbitration.

https://www.creditinfocenter.com/community/topic/329436-arbitration-overview-and-strategy-2018-most-up-to-date-info/

 

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There are no payments at all showed only a start and ending balance with late fee’s and interest added to the account. 

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1 hour ago, Trin said:

I would like to point out on the credit card statement it does not show what was charged.  It only shows original balance, charged amount, billing cycle of payments made and not made.

That is because once a consumer defaults on the account the creditor closes it and in 6 months charges it off.  The last 6 months are late fees and interest but no charges.

49 minutes ago, Trin said:

So I can be sued without seeing sufficient evidence that I have signed a contract.

Not all suits require a contract.  Texas Justice Court does not require that the evidence be attached to the complaint.  You either have to get permission from the court to do discovery or see what they bring to court and argue against it.

50 minutes ago, Trin said:

Basically someone could have took out a credit card account in my name and even though they can not provide a original application or contract of the account, they could win?

If you truly never opened a credit card account and defaulted on it then you should be claiming a defense of identity theft.  There are defenses if the account is not yours.

 

 

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