S7dna Posted October 17, 2019 Report Share Posted October 17, 2019 Hello everyone, I need someone help, more than anything I’m scared for what could come from this. I received a letter from Winn Law Group where I’m assuming they’re representing Cavalry SPV. The letter says “Notice of Intention to File Litigation and Incur Court Costs and Legal Fees” doesn’t have a date for me to respond back by or anything. That use to be a Citibank account and has been passed around for close to 4 years now but since Cavalry bought it I can’t see when was the last time I actually made a payment when it was still Citibank. any help would help and I would really appreciate it Quote Link to comment Share on other sites More sharing options...
nobk4me Posted October 17, 2019 Report Share Posted October 17, 2019 It sounds like this might be close to the SOL expiring, if that has not happened already. Check your credit report. If the account doesn't appear there, either from the OC or the JDB, chances are it's over 7 years old, and definitely beyond CA's SOL. Quote Link to comment Share on other sites More sharing options...
S7dna Posted October 17, 2019 Author Report Share Posted October 17, 2019 16 minutes ago, nobk4me said: It sounds like this might be close to the SOL expiring, if that has not happened already. Check your credit report. If the account doesn't appear there, either from the OC or the JDB, chances are it's over 7 years old, and definitely beyond CA's SOL. If I remember correctly, it’s getting close to the 4 years since I last made a payment on that account, it use to show as “In collection/charge-off” but since Calvary took it over it shows the account status as open since 3 months ago without any information going back to when it belonged to Citibank Quote Link to comment Share on other sites More sharing options...
RyanEX Posted October 17, 2019 Report Share Posted October 17, 2019 I did a free credit report with Equifax earlier this month. It detailed payment records (month by month) going back as much as 7 years. Good chance you can find out when you first missed a payment if you get one. https://www.ftc.gov/faq/consumer-protection/get-my-free-credit-report If they sent you that letter, then they intend to sue. You can do searches for your name on your county's superior court site to keep an eye on it. Don't stress, California has very favorable laws for consumers facing these types of suits. Read this thread, explains a lot: https://www.creditinfocenter.com/community/topic/317277-how-i-beat-midland-in-california/ If your card agreement has an arbitration clause, people have had good success with that too. Quote Link to comment Share on other sites More sharing options...
S7dna Posted October 17, 2019 Author Report Share Posted October 17, 2019 (edited) 33 minutes ago, RyanEX said: I did a free credit report with Equifax earlier this month. It detailed payment records (month by month) going back as much as 7 years. Good chance you can find out when you first missed a payment if you get one. https://www.ftc.gov/faq/consumer-protection/get-my-free-credit-report If they sent you that letter, then they intend to sue. You can do searches for your name on your county's superior court site to keep an eye on it. Don't stress, California has very favorable laws for consumers facing these types of suits. Read this thread, explains a lot: https://www.creditinfocenter.com/community/topic/317277-how-i-beat-midland-in-california/ If your card agreement has an arbitration clause, people have had good success with that too. Thank you for the information and help I received the letter yesterday and last night I got my free credit report and under that account it says “The following accounts are reported with no adverse information.” And it doesn’t show any information on when my last payment was or anything, I’ve tried to see how I can actually find the last time I made a payment and haven’t had any success yet this is all it says, it doesn’t really give me any information at all Edited October 17, 2019 by S7dna Quote Link to comment Share on other sites More sharing options...
RyanEX Posted October 17, 2019 Report Share Posted October 17, 2019 Here's how one of my account records looked Quote Link to comment Share on other sites More sharing options...
S7dna Posted October 17, 2019 Author Report Share Posted October 17, 2019 29 minutes ago, RyanEX said: Here's how one of my account records looked All my other accounts look like that except for this one, they have no information other than the amount that is owed Quote Link to comment Share on other sites More sharing options...
RyanEX Posted October 17, 2019 Report Share Posted October 17, 2019 If you can't obtain a more detailed record, then when you get the complaint and prepare your answer, you can assert the affirmative defense for 'suing on a time barred debt' - that will put the burden on them to show that it is within the statute of limitations. Quote Link to comment Share on other sites More sharing options...
S7dna Posted October 18, 2019 Author Report Share Posted October 18, 2019 21 minutes ago, RyanEX said: If you can't obtain a more detailed record, then when you get the complaint and prepare your answer, you can assert the affirmative defense for 'suing on a time barred debt' - that will put the burden on them to show that it is within the statute of limitations. Do you suggest for me to wait and see if I get another response from them without me doing anything? On the letter I received from them it doesn’t say I have to respond within a certain amount of days or anything. Puts me in the spot where I really don’t know how to approach the situation. Quote Link to comment Share on other sites More sharing options...
RyanEX Posted October 18, 2019 Report Share Posted October 18, 2019 1 hour ago, S7dna said: Do you suggest for me to wait and see if I get another response from them without me doing anything? On the letter I received from them it doesn’t say I have to respond within a certain amount of days or anything. Puts me in the spot where I really don’t know how to approach the situation. At this point I think I'd sit and wait. By law (FDCPA § 807.5), if they tell you they're going to sue you, they have to follow through or be be subject to a lawsuit from you. So they will most likely sue you in the near future. Don't stress, as I mentioned before, CA laws are very good for you in these cases. If you haven't already, take a look at that thread I linked previously. They'll likely have a process server come find you to serve the complaint, or will leave it with an adult at your house. Don't worry, just accept it and mark your calendar with the due date on the answer (which you can make on a simple form you can download from the state). Quote Link to comment Share on other sites More sharing options...
S7dna Posted October 18, 2019 Author Report Share Posted October 18, 2019 42 minutes ago, RyanEX said: At this point I think I'd sit and wait. By law (FDCPA § 807.5), if they tell you they're going to sue you, they have to follow through or be be subject to a lawsuit from you. So they will most likely sue you in the near future. Don't stress, as I mentioned before, CA laws are very good for you in these cases. If you haven't already, take a look at that thread I linked previously. They'll likely have a process server come find you to serve the complaint, or will leave it with an adult at your house. Don't worry, just accept it and mark your calendar with the due date on the answer (which you can make on a simple form you can download from the state). Thank you I really appreciate the help 1 Quote Link to comment Share on other sites More sharing options...
S7dna Posted October 22, 2019 Author Report Share Posted October 22, 2019 Wondering if anyone has information on what could happen, they tried serving me this morning but something I didn’t mention is I moved from the address where I first got the notice, I moved 2 months ago. I know the people that live in my old place and they called and told me they were looking for me and he told them I didn’t live there anymore and the person took pictures of the place and left. What could happen next, he didn’t get my number or new address. Quote Link to comment Share on other sites More sharing options...
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