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Just served by Cavalry SPV I (Love, Beal, Nixon) SOL Question/Pro Se Guidance. Please help!


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I was served a Summons from Love, Beal and Nixon (LBN), representing Cavalry SPV I. This is from an Old Navy/Synchrony Bank credit card I had years ago. The petition for indebtedness is asking for $833 plus interest, all court costs and attorney's fees. I went through a nasty divorce in 2012 and my ex did some pretty repulsive things regarding my finances so it's a long story and not worth gong into right now. I know I had the card, but never owed that much. My concern is about the SOL. My last payment was on 11/16/2015 and the SOL in Oklahoma is 5 years. My elderly dad was given the summons while in the front yard while he was on his cell phone on 11/02 (3 days ago). I have 20 days to file an ANSWER which I plan to represent myself Pro Se.

QUESTION 1: The SOL on this credit card is 11/16/2020. Am I correct to assume that since LBN filed this lawsuit right before the SOL expired that I have no standing regarding SOL? By the time I file my entry of appearance and answer, the SOL will be passed or close to it.

QUESTION 2: Can I use the affirmative defense related SOL or is it moot since they filed the suit weeks before 11/16?

QUESTION 3: HOW difficult will this be for me to represent myself? I need your guidance please!

I cannot afford an attorney and will have to wing this myself. I am praying someone can help me clarify this SOL issue because I have researched it and have found a mix of answers causing me great confusion.

I appreciate any advice you have!

Edited by rrene6
added 3rd question
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You are correct that the SOL is not a valid defense since they filed just before it ran out.

However, since this is Synchrony, you have the option of arbitration because Synchrony has a great arb clause in their agreements. I would therefore go that route but after filing the MTC Arbitration, I would offer the $250 JAMS filing fee to the attorney to settle the debt. If you get into arb, there is no way they are paying 5 figures for a 3 figure debt so they probably will take it once they see that you know about arbitration (or they might not and you pay the $250 to JAMS and be done with it).

Go here for the arbitration route:

 

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Thank you so much. I have drafted most of my Answer along with my Entry of Appearance. Do I include the request for arbitration with part of my answer or is this separate?  My answer is pretty generic and I included my affirmative defenses. I have no experience in this at all, but I am ready to fight these guys. I have until 11/22 to file my answer. I will research arbitration because you lost me on MTC and JAMS lol. I am a much better RN than legal guru. Again, thank you for your reply!

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I read the thread from the link you attached in your response. This help tremendously. To clarify, I read in my Affirmative Defenses I need to claim "Lack of Subject Matter Jurisdiction" in relation to MTC arbitration.  Do I include my other defenses after this?

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3 hours ago, rrene6 said:
 

I read the thread from the link you attached in your response. This help tremendously. To clarify, I read in my Affirmative Defenses I need to claim "Lack of Subject Matter Jurisdiction" in relation to MTC arbitration.  Do I include my other defenses after this?

So far, so good.

 

SOME states have a borrowing statute.  I don't know if OK has one.  

The borrowing statute works like this -- for example, CA has a 6 year SOL, but a borrowing statute.  If the credit card is based in Delaware, with a 3-year SOL, then the SOL for an account for a Delaware bank is 3 years.  

I don't know if OK has a borrowing statute, or what state Synchrony is in.  The MTC is USUALLY, but not always, sufficient to win.  If you also have a valid SOL claim, then you have an iron clad path to victory.  

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The statement should read "Lack of Subject Matter Jurisdiction - Contract requires Private Arbitration" The MTC is something you file after you file your answer usually between 1 and 3 days after filing your answer. The MTC is a separate document where you move that the court order the plaintiff to use private arbitration rather than the court to argue this case because it is required in the contract.

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On 11/7/2020 at 10:34 AM, rrene6 said:

do I list my affirmative defenses after my answers

Yes.  The only affirmative defense I would list is "lack of subject matter jurisdiction due to private contractual arbitration".

You can file the Motion at the same time you file the Answer if you can have it ready before your deadline to file the answer.  There is no need to wait unless you simply need more time to complete it and are up against the deadline to file the answer.

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10 hours ago, fisthardcheese said:

Yes.  The only affirmative defense I would list is "lack of subject matter jurisdiction due to private contractual arbitration".

You can file the Motion at the same time you file the Answer if you can have it ready before your deadline to file the answer.  There is no need to wait unless you simply need more time to complete it and are up against the deadline to file the answer.

Thank you for clarifying. The summons was given to my dad on 11/2/20 so I have 20 days per the summons to file my answer.

I have the majority of it typed up and was going to add "lack of subject matter jurisdiction due to private contractual arbitration" to my affirmative defenses. I will delete the other affirmative defense and just list the arbitration. I am going to post it when I complete it because I am worried I will come across as an idiot.

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  • rrene6 changed the title to Just served by Cavalry SPV I (Love, Beal, Nixon) SOL Question/Pro Se Guidance. Please help!
1 hour ago, alwayswinning36 said:

Synchrony doesn't have the small claims or equivalent suit exception wording in the arbitration agreement? I tried to find the agreement on the cfpb site, but they don't have one for old navy.

I found it under Synchrony Bank/GAP on the CFPB website and on the last page it reads "The above notice applies only to consumer Gap Credit Card, Gap Visa Card, Banana Republic Credit Card, Banana Republic Visa Card, Old Navy Credit Card, Old Navy Visa Card".

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Okay, this is what I have so far for my Answer. I also have my Entry of Appearance completed. As I understand,  I will file my Entry of Appearance and Answer with the Court Clerk who will stamp the documents. Then I mail both documents to Plaintiff. I will need to draft my MTC Arbitration (I have not started this-eeeek) and file asap.

Question: When I file my MTC I know I need present the credit card terms/agreement with it. Do I print and submit all 15 pages of the CC agreement even if arbitration is listed on 2-3 pages? If I do submit all 15 pages, do I refer to what pages the arbitration clause is on in my MTC document?

Also, am I asking for judgement (see underlined) if I am seeking arbitration?    Thanks to those of you helping me!!

ANSWER OF DEFENDANT "me"

 

          COMES NOW the Defendant "my name", Pro Se, hereby submits this Answer to the Complaint to the petition filed by Cavalry SPV I, LLC, (“Plaintiff”) herein, and alleges as follows:

ANSWER

1.                        Defendant ADMITS in PART, I did have an account with Synchrony Bank/Old Navy. DENY in PART, the allegation in the second sentence contained in Paragraph 1 of the Plaintiff’s Petition; DENIES default of alleged obligation of debt; I have been presented no evidence the account I had with Synchrony Bank/Old Navy is the same account as the debt alleged in this complaint. Defendant DENIES the last sentence in Paragraph 1 of Plaintiff’s Petition; Defendant has no way of knowing whether or not Plaintiff was assigned the account; no evidence of original contract nor “assignment” of alleged account was submitted with the Plaintiff’s Petition.

2.                        Defendant DENIES the allegations contained in Plaintiff’s Petition at Paragraph 2; denies any debt owed to Plaintiff; and Plaintiff’s “Petition of Indebtedness” fails to provide proof of validity of said debt.

                                                                                                  AFFIRMATIVE DEFENSES

          Subject to and without waiver of the denials contained in her Answer, Defendant states her affirmative defenses are set forth below. By asserting her affirmative defenses, Defendant does not waive Plaintiff’s obligation to meet their burden of proof and does not assume any burden of proof not otherwise imposed by law.

                              1.                Defendant claims Lack of Subject Matter Jurisdiction-Contract requires Private Arbitration. The underlying contract contains a private arbitration clause, which the Defendant has elected to exercise. Therefore, This Court does not have jurisdiction to hear this matter”.

              Defendant reserves the right to submit counterclaims that may become applicable and/or available at a later time, including, but not limited to, violations of  the Federal Truth in Lending Act, the Fair Debt Collection Practices Act, and the Fair Credit Reporting Act.

              Defendant reserves the right to amend her Answer and to raise and additional claims or assert any additional defenses that may come to light during discovery and up to and including the trial of this action.

 

 

 

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Is general denial not considered a sufficient answer in Oklahoma? I would not use what you have so far, for sure. You want to name yourself, after Defendant, (your name), Pro Se, not the way you currently have it, Defendant, "me". This looks like you are hinting at discovery, which implies you are participating in the litigation. Therefore, filing this, would likely result in you not even getting a Motion to Compel Arbitration looked at.

Your dismissal request, would go at the end, or near the end under what would be "Prayer for Relief". Not in the answer section.

So essentially, if general denial is sufficient, language to the affect that Defendant, (YOUR NAME) denies all allegations. That should be in your answer.

Affirmative defenses is where you would cite the arbitration agreement.

Dismissal request would go in the Prayer for Relief.

Prepare and file your motion to compel arbitration when you file your answer, if allowed by the Court. You want to follow your Court rules.

 

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19 hours ago, alwayswinning36 said:

You want to name yourself, after Defendant, (your name), Pro Se, not the way you currently have it, Defendant, "me".

Alwayswinning36, I purposely typed in "me" and not my first in last name. Of course, my first and last name is in the formal document.  My question is about the MTC - with this one, I need to include all 15 pages of the cc agreement?

Thank you for clarifying regarding my answers. So basically, I am way too wordy, but I need to address number 1 and 2 that is on the Petition for Indebtedness; #1reads that "Synchrony Bank/Old Navy provided defendant credit, defendant defaulted on the obligation, the account has been assigned to the Plaintiff". #2-Defendant owes Plaintiff $833.86. In Oklahoma each claim or allegation must be answered in the format of the Petition.

#1- I am admitting IN PART as I did have a card, but DENY the rest in #1. #2- Defendant DENIES

So I do NOT need to include that the plaintiff has failed to validate the debt, failed to include any contractual agreement/assignment of said debt, etc in my answers? I plan on filing next week since my response is due by 11/22.

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1 hour ago, rrene6 said:

Alwayswinning36, I purposely typed in "me" and not my first in last name. Of course, my first and last name is in the formal document.  My question is about the MTC - with this one, I need to include all 15 pages of the cc agreement?

Thank you for clarifying regarding my answers. So basically, I am way too wordy, but I need to address number 1 and 2 that is on the Petition for Indebtedness; #1reads that "Synchrony Bank/Old Navy provided defendant credit, defendant defaulted on the obligation, the account has been assigned to the Plaintiff". #2-Defendant owes Plaintiff $833.86. In Oklahoma each claim or allegation must be answered in the format of the Petition.

#1- I am admitting IN PART as I did have a card, but DENY the rest in #1. #2- Defendant DENIES

So I do NOT need to include that the plaintiff has failed to validate the debt, failed to include any contractual agreement/assignment of said debt, etc in my answers? I plan on filing next week since my response is due by 11/22.

Oh I understand about the Me part then. I thought you were going to file it that way. I would enter a general denial, which denies any and all allegations without going the way you are. of numbering anything, or admitting to anything. You don't want to admit anything in your answer, not pertaining to the debt. As for the credit card agreement, yes, you want to file all 15 pages of the agreement, in its entirety and also want to highlight key parts of the arbitration agreement, in your affirmative answers. There are some good threads about motion to compel arbitration on this site.

When you say the plaintiff failed to validate the debt, did you request validation within the first 30 days of receiving notice of the debt? If it was not done in those 30 days, then they legally aren't required to provide you validation later on. Some will still do it, if you request the validation properly, but they aren't required even then to do so if you made the request or demand outside of those 30 days of receiving notice of the debt.

If you want arbitration you don't want to participate in litigation. If your court allows general denial, general denial is the way to go.

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18 hours ago, alwayswinning36 said:

When you say the plaintiff failed to validate the debt, did you request validation within the first 30 days of receiving notice of the debt?

AW36, No, I never asked for validation. I didn't know it was sent to a JDB at all until I was served 11/2. Thanks for your advice about keeping my concentration on the arbitration and not litigating the debt. I think I was trying to be honest in my answer about actually having an Old Navy card, which is why I admitted to having one, but denied all other allegations. I am trying to find on OSCN's site if a general denial is acceptable as my answers. I will post my new drafts when I get a time.

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8 hours ago, rrene6 said:

AW36, No, I never asked for validation. I didn't know it was sent to a JDB at all until I was served 11/2. Thanks for your advice about keeping my concentration on the arbitration and not litigating the debt. I think I was trying to be honest in my answer about actually having an Old Navy card, which is why I admitted to having one, but denied all other allegations. I am trying to find on OSCN's site if a general denial is acceptable as my answers. I will post my new drafts when I get a time.

I understand what you are saying. They just went on with filing suit for the money rather than contacting you. I am not sure if you requested validation at this point if it would be a violation or not since they never contacted you about the debt and you only became aware they "own" it when you were served. I suppose you could admit you had the account. You may have to either way. I found this site https://www.solosuit.com/posts/155 that explains a little about answering in Oklahoma. I live in Texas, though. In Texas general denial is sufficient, it may not be in Oklahoma.

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  • 2 weeks later...
7 hours ago, rrene6 said:

Question: I filed my  entry of appreance (pro se), answer and MTC Arbitration on 11/20. Do I need to do my application for JAMS now?

Usually better to wait until the MTC is granted.  The judge usually gives a deadline of x days to do that.  
 

So the best bet is to prepare but not file 

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  • 2 weeks later...
On 11/11/2020 at 9:18 PM, fisthardcheese said:

Yes.  The only affirmative defense I would list is "lack of subject matter jurisdiction due to private contractual arbitration".

You can file the Motion at the same time you file the Answer if you can have it ready before your deadline to file the answer.  There is no need to wait unless you simply need more time to complete it and are up against the deadline to file the answer.

HELP!    I filed my Answer and MTC Arbitration following fisthardcheese advise in his thread "Arbitration Overview and Strategy"  on 11/20 (Thank you). Yesterday I got a letter from Love, Beal and Nixon (for Cavalry SPV) that reads

       "This information and the attached documentation is provided in response to your request for debt validation. The original creditor on this account is Synchrony Bank/Old Navy , located at PO Box 96061 Orlando, FL. The account number is XXXXXXXXXXXX9896. The social security number associated with this account ends in the last four digits of XXX-XX-0447. TO DISCUSS PAYMENT OPTIONS CALL 405-720-XXXX OR TOLL FREE 888-XXX-XXXX"

The footer of the letter has the "This is a communication from a debt collector and is an attempt to collect a debt" verbiage. Then included is the last 3 months of billing statements in 2015, a Bill of Sale, an Affidavit of Sale, a Certificate of Conformity for NYC, and Transaction History of the JDB buying the debt.

What the heck is this? Why are they sending all this to me if I filed and Answer to their Summons and filed the MTC Arbitration? ARE THEY TRYING TO GET ME TO ADMIT THIS DEBT? I didn't think they could communicate to me outside of the court case. How do I respond to this letter? I had two numbered answers denying their allegations and neither of my answers asked for debt validation. My only affirmative offense listed is to "Elect Arbitration" and then I filed the MTC right after I filed my Answer. Also, when will the judge make a ruling on my MTC Arbitration?

Any advice is much appreciated!!

 

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20 hours ago, rrene6 said:

HELP!    I filed my Answer and MTC Arbitration following fisthardcheese advise in his thread "Arbitration Overview and Strategy"  on 11/20 (Thank you). Yesterday I got a letter from Love, Beal and Nixon (for Cavalry SPV) that reads

       "This information and the attached documentation is provided in response to your request for debt validation. The original creditor on this account is Synchrony Bank/Old Navy , located at PO Box 96061 Orlando, FL. The account number is XXXXXXXXXXXX9896. The social security number associated with this account ends in the last four digits of XXX-XX-0447. TO DISCUSS PAYMENT OPTIONS CALL 405-720-XXXX OR TOLL FREE 888-XXX-XXXX"

The footer of the letter has the "This is a communication from a debt collector and is an attempt to collect a debt" verbiage. Then included is the last 3 months of billing statements in 2015, a Bill of Sale, an Affidavit of Sale, a Certificate of Conformity for NYC, and Transaction History of the JDB buying the debt.

What the heck is this? Why are they sending all this to me if I filed and Answer to their Summons and filed the MTC Arbitration? ARE THEY TRYING TO GET ME TO ADMIT THIS DEBT? I didn't think they could communicate to me outside of the court case. How do I respond to this letter? I had two numbered answers denying their allegations and neither of my answers asked for debt validation. My only affirmative offense listed is to "Elect Arbitration" and then I filed the MTC right after I filed my Answer. Also, when will the judge make a ruling on my MTC Arbitration?

Any advice is much appreciated!!

 

Don’t panic.  Did they ask you to admit it?  No.  It was probably just a general response they send when someone answers a complaint.  It’s the same as providing discovery even though you didn’t ask for documentation 

Yes, they can contact you because it’s about the account for which you’re being sued. 

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On 12/12/2020 at 11:27 AM, BV80 said:

Don’t panic.  Did they ask you to admit it?  No.  It was probably just a general response they send when someone answers a complaint.  It’s the same as providing discovery even though you didn’t ask for documentation 

Yes, they can contact you because it’s about the account for which you’re being sued. 

So, do I respond to the letter? Thanks

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  • 2 weeks later...
On 12/14/2020 at 3:58 PM, rrene6 said:

So, do I respond to the letter? Thanks

No.  This is simply a computer generated response to anything they get from you.  You are over thinking this.  It is why using certain strategies against a JDB works, because they are literally on auto-pilot and simply sending out computer generated notices in mass qualities for hundred of accounts at the same time.   Keep the letter for potential later use.  Wait for communication from court or directly from the attorney involved.

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Thanks for clarifying that Fisthardcheese. On Saturday I received a copy of their response to my MTC Arbitration titled "Response To Defendants MTC Arbitration". They are asking that I institute arbitration proceedings within 30 days in compliance with the term of the agreement. They also are requesting "stay of the pending case for the arbitration award to be filed and confirmed".

I will need to go and re-read the post about how to file with JAMS, but how do I format a response to their response? I did notice there is no file stamp from the court clerk  on the copy of their response signed 12/20 and as of today, it is not showing as filed on OSCN which has thrown me off. I am thinking they must be way behind on filings.

Questions: #1- I re-read the Synchrony Bank CC agreement and it reads " If a party files a lawsuit in a court asserting claims that are subject to arbitration and the other party files a motion with the court to compel arbitration, which is granted, it will be the responsibility of the party asserting the claims to commence the arbitration proceeding".   The MTC has not been granted as I don't even have a hearing date regarding my MTC. Cavalry is requesting me to institute arbitration, but yet, I don't have a ruling on this matter from the judge. I am so confused.                                                                                                        #2- The CC agreement also reads : "If you ask us to, we will pay all the fees the administrator or arbitrator charges as long as we believe you are acting in good faith. We will always pay arbitration costs, as well as your legal fees and costs, to the extent you prevail on claims you assert against us in an arbitration proceeding in which you have commenced." Do I pay the $250 filing fee or no?

If anyone has any advice on how I proceed, I would really appreciate it.Thank you!!

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  • 1 month later...
On 12/27/2020 at 3:14 AM, fisthardcheese said:

No.  This is simply a computer generated response to anything they get from you.  You are over thinking this.  It is why using certain strategies against a JDB works, because they are literally on auto-pilot and simply sending out computer generated notices in mass qualities for hundred of accounts at the same time.   Keep the letter for potential later use.  Wait for communication from court or directly from the attorney involved.

:ove, Beal and Nixon filed a Response to my MTC Arbitration asking the judge to order me to initiate proceedings with JAMS within 30 days. I am still waiting on the judge to grant my MTC. I can't get his clerk to call me back about my MTC that was filed 11/29. Covid restrictions has really caused nothing but chaos at the OK County Court house. I am trying to fill out my JAMS application, but I am really confused about some of it. I also am unable to fill in the application online. I will have to print it, fill it out, then scan it in and email to JAMS. Regardless, the CC agreement reads that "once the judge grants arbitration", then I would submit my application to JAMS. This law firm is really messing with me.

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