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Being Sued by WINN


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Greetings:

I was alerted by a local sheriff civil division (card left on doorstep) that they had "special legal docs for me". I plan on picking them up later this week.

I was able to go online and confirm that WINN Group on behalf od Cavalry (Original debtor: Capital One) is coming for me for an old account. $1900 ish - I need help on what to do next:

1. Who is the named plaintiff in the suit? Cavalry SPV, as assignee for capital one bank, n.a.

2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) WINN LAW GROUP L.A. California

3. How much are you being sued for? $1900

4. Who is the original creditor? (if not the Plaintiff) Capital One

5. How do you know you are being sued? (You were served, right?) See above

6. How were you served? (Mail, In person, Notice on door) In Person _ will go pickup

7. Was the service legal as required by your state? I guess, I read the claims online and the Cavalry process servers lied their a88 off; stating that they talked to a male at my home twice who denied knowing me. So, they turned it over to the local sherrif, he left a note, I called him and will pick up the docs.

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? I never spoke to anyone there.

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) September 2016 - Fall

11. When did you open the account (looking to establish what card agreement may be applicable)? 2011

12. What is the SOL on the debt? To find out: 4 years

Statute of Limitations on Debts

13. 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). Complaint and Summons filed, statement of venue filed and declaration of non service filed.

14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) no

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 disputing after being sued could be useful to show the court that you dispute the debt ('account stated' vs. 'breach of contract'). No

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? I will check it and reply back here

Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits

17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Limited Liability Case/Money Lent - A copy of ONE statement

18.  How did you find out about this site? google

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The first thing you are going to want to do is identify the Card member agreement for this debt. I could be wrong on my dates, but I believe Cap1 removed arbitration in 2010.

Be advised that if your agreement does not have the arbitration agreement, there is a very big chance that you will have to settle the debt. I know, this is not what you wanted to hear.. however it is best you prepare now, rather then last minute.

If however, you do have an arbitration agreement, the situation is more favorable for you to pull out a win.

Please take a moment when you get home from work, or when you get a break from the day to either look through your old paperwork or search online for the agreement when you "opened"  the account, then we can move forward from there. Good luck!

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4 hours ago, MikeB35 said:

The first thing you are going to want to do is identify the Card member agreement for this debt. I could be wrong on my dates, but I believe Cap1 removed arbitration in 2010.

Be advised that if your agreement does not have the arbitration agreement, there is a very big chance that you will have to settle the debt. I know, this is not what you wanted to hear.. however it is best you prepare now, rather then last minute.

If however, you do have an arbitration agreement, the situation is more favorable for you to pull out a win.

Please take a moment when you get home from work, or when you get a break from the day to either look through your old paperwork or search online for the agreement when you "opened"  the account, then we can move forward from there. Good luck!

This is absolutely not the case in CA.

Mike, please take care when advising people, in particular when they are from different state than you. This is poor advice as California laws are very favorable to defendants in these types of cases; many have gone the trial route in CA, we have an excellent track record beating JDBs and even OCs.

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@heyitsjamie

Once you are served you'll have 30 days to answer the complaint. If it's an unverified complaint (most are), you'll be able to use the general denial form to do so (PLD-050). In the meantime, read this thread and it'll give you an overview on defending this type of suit in CA: https://www.creditinfocenter.com/community/topic/317277-how-i-beat-midland-in-california/

Thread is from 2012 but still applies.

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Definitely defend against the case with the goal of not paying them any money. These debt buyer cases are usually very defendable in California.  Obviously, it is best to have an attorney, although that might not be cost-effective for such a small lawsuit.  Here is a link to a video about one strategy pointer in these smaller cases, or more specifically a mistake to not make: "How to Lose Your Case".  Good luck.

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13 hours ago, RyanEX said:

This is absolutely not the case in CA.

Mike, please take care when advising people, in particular when they are from different state than you. This is poor advice as California laws are very favorable to defendants in these types of cases; many have gone the trial route in CA, we have an excellent track record beating JDBs and even OCs.

My apologies Ryan, it was more an assumption on my part. It was not my intention to steer the OP in the wrong direction. I will take note and in the future I will use caution when responding to posts.

@heyitsjamieMy apologies to you as well!

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11 hours ago, MikeB35 said:

My apologies Ryan, it was more an assumption on my part. It was not my intention to steer the OP in the wrong direction. I will take note and in the future I will use caution when responding to posts.

@heyitsjamieMy apologies to you as well!

No worries, we're all doing our best to help. Cheers!

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36 minutes ago, heyitsjamie said:
 

Looks like the declaration of venue has the statement but not that the actual summons. This means it is not verified, correct?

Correct.

If it was verified, there would be some language to the effect that 'the plaintiff swears the facts set forth in the complaint are true'.

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@RyanEX or anyone else. Does the attached response look correct? Since it’s not validated; I do not need to affirm or deny each one - just general, correct? 

Where I have the yellow arrow, is that the lawyers information for capital one? The Winn group? 

Im sorry, I’m usually pretty intelligent; but, just had a major abdominal surgery. So, I’m not with it and need some help with this. 

Once completed, I sign original and file at courthouse, right? And a third party can “mail” it to the attorney and complete a proof of service? 

 

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Yellow arrow would be plaintiff's name > Cavalry SPV (according to your original post).

Filling in you name on line 1 will generally deny the complaint; it's not a verified complaint so that is sufficient.

In the first box at the top, with your info, the line Attoney For: you can write in "In Pro Per" to indicate you will represent yourself.

 

FYI your name is displayed on the form you posted.

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On 9/24/2019 at 6:21 AM, MikeB35 said:

My apologies Ryan, it was more an assumption on my part. It was not my intention to steer the OP in the wrong direction. I will take note and in the future I will use caution when responding to posts.

@heyitsjamieMy apologies to you as well!

California is one of the last states (if not THE last) where the "old school" methods still work against a JDB.

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