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Being sued by Cavalry SPV in CA


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I received a letter last week that was sent on September 30th (stamped on the envelope and the lawyer stamped the date on the letter too) stating that the law firm retained by Cavalry intended to sue. Tonight I was leaving my building and some man approached me asking if I knew a tenant. I had a headache and didn't realize he said my apt number. My last payment was right before the pandemic started. I thought I had some time to send them a debt validation letter and now this happens.

 

I have googled and can't find any info on how soon one can file suit after sending a notice of intention to file lawsuit. Does anyone know?

Edited by magali
edited title to make more sense
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9 hours ago, magali said:

I have googled and can't find any info on how soon one can file suit after sending a notice of intention to file lawsuit. Does anyone know?

California is not a "right to cure" state and does not require they notify you they intend to sue but many JDBs do so anyway.  

Who is the original creditor and how much do they claim is owed?

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2 hours ago, Clydesmom said:

California is not a "right to cure" state and does not require they notify you they intend to sue but many JDBs do so anyway.  

Who is the original creditor and how much do they claim is owed?

citibank. 7k

 

I started reading the thread about "STANDING when dealing with jdb". I guess I need to sign the summons or receive the summons before I proceed? Another thread was titled  something like debt verification after lawsuit is filed is pointless so I guess I should skip that for now?

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25 minutes ago, magali said:

I guess I need to sign the summons or receive the summons before I proceed?

Are you certain the person was a process server?

Is this letter the first one sent about the debt?  If it isn't then they didn't have to wait before suing.  You can call a consumer attorney and run this past them.  It could be an FDCPA violation but the problem is the debt is 7x higher than the maximum payout for a successful claim.  In cases where the debt far exceeds the counter claim the JDB simply fires the law firm forcing the consumer to pursue the violation separate from the debt case or allows the counter claim and deducts the FDCPA award from the verdict they get.  It will not stop the lawsuit because the debt is higher than the award.

You do have to be served before you need to do anything else.  Watch the docket on line to make sure they do not claim sewer service.

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4 hours ago, Clydesmom said:

Are you certain the person was a process server?

Is this letter the first one sent about the debt?  If it isn't then they didn't have to wait before suing.  You can call a consumer attorney and run this past them.  It could be an FDCPA violation but the problem is the debt is 7x higher than the maximum payout for a successful claim.  In cases where the debt far exceeds the counter claim the JDB simply fires the law firm forcing the consumer to pursue the violation separate from the debt case or allows the counter claim and deducts the FDCPA award from the verdict they get.  It will not stop the lawsuit because the debt is higher than the award.

You do have to be served before you need to do anything else.  Watch the docket on line to make sure they do not claim sewer service.

 

 

They have sent me papers about the debt, but never offered me a settlement, just kept me reminding me of my balance. Another citibank account ended up in collections too and the other JDB gradually dropped the amount to 50% off. 

I read previous threads in which people shared that cavalry often sends months of statements as debt validation and the man had a lot of paper stapled  - maybe over 20 - so I thought Cavalry just got ahead of themselves. I wasn't expecting anyone at that time and noticed the man stuck for another 5 minutes, until 9pm.

 

So, one cannot do the "standing" suggested on the other thread until they are served?

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2 hours ago, magali said:

So, one cannot do the "standing" suggested on the other thread until they are served?

Standing is something you allege in your answer to the court.  Since you have not been served yet you could still send a DV letter disputing the debt but that really won't affect much you are still going to have to deal with the suit in one way or another once they serve you.  I would not file an answer to the court until you are served.

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I sent a very basic dv letter after reading the thread about it earlier today.

I got home now and found a letter in my mailbox from a debt relief attorney claiming there's a lawsuit against me from cavalry at a courthouse about 30 miles from my house. I checked los angeles superior court today and didn't find anything under my name. Then I checked the courthouse that the letter mentioned and found that Cavalry and other JDB have filed a few lawsuits there last week. Searched my name and found out they filed last week.

 

But the hearing is scheduled for next Fall!

It says : " Order to Show Cause Re: Failure to File Proof of Service and Failure to File Default Judgment Pursuant to CRC 3.740"

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58 minutes ago, magali said:

But the hearing is scheduled for next Fall!

Unfortunately in the larger counties in California the courts are very backed up even before covidiocy.  The good news is you have plenty of time to research and prepare.  

5 hours ago, magali said:

They have sent me papers about the debt, but never offered me a settlement, just kept me reminding me of my balance.

Okay, if they have contacted you before this last letter then it isn't an FDCPA violation and they didn't have to wait for a DV before suing you.  They are also not required to offer a settlement.

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On 10/15/2021 at 11:48 AM, BV80 said:

Thank you, I will be reading it. That person is fighting a second time, so I will definitely be checking that thread.

The process server hasn't been here again. I know because my phone would ring if someone was at the gate calling my apt.

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On 10/14/2021 at 7:28 PM, magali said:

I sent a very basic dv letter after reading the thread about it earlier today.

I got home now and found a letter in my mailbox from a debt relief attorney claiming there's a lawsuit against me from cavalry at a courthouse about 30 miles from my house. I checked los angeles superior court today and didn't find anything under my name. Then I checked the courthouse that the letter mentioned and found that Cavalry and other JDB have filed a few lawsuits there last week. Searched my name and found out they filed last week.

 

But the hearing is scheduled for next Fall!

It says : " Order to Show Cause Re: Failure to File Proof of Service and Failure to File Default Judgment Pursuant to CRC 3.740"

Check what the status of your case is using your case number. Here is the link for LA county, I'm not sure what the site is for other county's but it shouldn't be difficult to find. http://www.lacourt.org/casesummary/ui/index.aspx?casetype=familylaw

Check if they claim if you were served by personal service or substituted service. Either way you must answer within 30 or 40 days otherwise they will win a default judgment. Please DO NOT wait until 2022 to take action. Here is the link for the CA rules for answering. I'll also quote the rule below https://www.courts.ca.gov/1322.htm

You have 30 days AFTER the date you are served to file a response with the court. The 30 days include weekend days and court holidays. If the last day falls on a day that the court is closed, you have until the next day that the court is open.

  • If you were served by substituted service, meaning the summons and complaint were given to someone else in your household or place of work, and another copy was mailed to you, you have 40 days from the date of the mailing to file your response. BUT before you count on these extra 10 days, make sure the plaintiff’s proof of service says you were substitute served and not personally served. You can find out by calling the plaintiff’s lawyer and asking how the process server claims you were served, and also what date your response is due. Send a fax or letter to the law firm confirming the information you are given.

 

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I was served the weekend. I plan to answer the latest next week. 

Can I talk about two different issues in one thread?

 

Today I received an email from a debt collector BUT Credit One offered me a balance reduction and claimed they would waive the remaining balance. I paid because it was 50% and because the debt collectors called me 20x a day, sunday to sunday. At the time I didn't know they could do that. I called the debt collector who emailed me today and told them I have all the emails saying that once I paid I wouldn't owe anything and to take it up with Credit One or whoever sold them the account. They decided to put me on hold to talk to whoever and I gave up and hung up. I was thinking in sending them a letter showing all the screenshots from the promotional offer and the email confirming I made the payment. 

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16 minutes ago, magali said:

I was served the weekend. I plan to answer the latest next week. 

Can I talk about two different issues in one thread?

 

Today I received an email from a debt collector BUT Credit One offered me a balance reduction and claimed they would waive the remaining balance. I paid because it was 50% and because the debt collectors called me 20x a day, sunday to sunday. At the time I didn't know they could do that. I called the debt collector who emailed me today and told them I have all the emails saying that once I paid I wouldn't owe anything and to take it up with Credit One or whoever sold them the account. They decided to put me on hold to talk to whoever and I gave up and hung up. I was thinking in sending them a letter showing all the screenshots from the promotional offer and the email confirming I made the payment. 

If you paid Credit One directly, then the account was not sold to a collection agency.  I would contact Credit One and tell them to contact the debt collector.  See what happens after that.

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  • 2 weeks later...

Credit One simply said they would send me a letter. I received in the mail a letter from the debt collector, Resurgent/LVNV Funding, and all they did was say that they are the current owner of the debt and the amount - less than 1k.  I am going to dispute this because I have proof I paid and owe nothing.

 

I read the thread quoted and he said:

 

Quote

File my MTC,  Memo of Points and Authorities with notarized affidavit and credit card agreement at the same time. In California, the MTC Arbitration may be filed IN LIEU of an Answer/general denial. There is no need to file both. This is covered in Calif Code of Civil Procedure 1281.7

 

I don't have my contract. I found an email of when I opened this card in 2016. Is there a way to get my card agreement from citibank? On citibank's website, it only shows the current card agreement or allows current cardholders to sign in and see theirs.

 

There is also a thread about standing and I am not sure which is the best route. Or is it the same thing and the other person used a different term?

 

edit: with summons they added 2 exhibits:

exhibt 1

affidavit of sale of account

certificate of conformity

bill of sale and assignment 

 

exhibit 2

last statement showing what i owed after my last payment

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5 hours ago, magali said:

Credit One simply said they would send me a letter. I received in the mail a letter from the debt collector, Resurgent/LVNV Funding, and all they did was say that they are the current owner of the debt and the amount - less than 1k.  I am going to dispute this because I have proof I paid and owe nothing.

 

I read the thread quoted and he said:

 

 

I don't have my contract. I found an email of when I opened this card in 2016. Is there a way to get my card agreement from citibank? On citibank's website, it only shows the current card agreement or allows current cardholders to sign in and see theirs.

 

There is also a thread about standing and I am not sure which is the best route. Or is it the same thing and the other person used a different term?

 

edit: with summons they added 2 exhibits:

exhibt 1

affidavit of sale of account

certificate of conformity

bill of sale and assignment 

 

exhibit 2

last statement showing what i owed after my last payment

You actually need the agreement that was in effect when the account went into default. It might be in the archives of the Consumer Financial Protection Bureau’s credit card agreement database.  In the link, scroll down to see the different years offered.

https://www.consumerfinance.gov/credit-cards/agreements/

 

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On 10/17/2021 at 8:36 PM, jon_117 said:

Check what the status of your case is using your case number. Here is the link for LA county, I'm not sure what the site is for other county's but it shouldn't be difficult to find. http://www.lacourt.org/casesummary/ui/index.aspx?casetype=familylaw

Check if they claim if you were served by personal service or substituted service. Either way you must answer within 30 or 40 days otherwise they will win a default judgment. Please DO NOT wait until 2022 to take action. Here is the link for the CA rules for answering. I'll also quote the rule below https://www.courts.ca.gov/1322.htm

You have 30 days AFTER the date you are served to file a response with the court. The 30 days include weekend days and court holidays. If the last day falls on a day that the court is closed, you have until the next day that the court is open.

  • If you were served by substituted service, meaning the summons and complaint were given to someone else in your household or place of work, and another copy was mailed to you, you have 40 days from the date of the mailing to file your response. BUT before you count on these extra 10 days, make sure the plaintiff’s proof of service says you were substitute served and not personally served. You can find out by calling the plaintiff’s lawyer and asking how the process server claims you were served, and also what date your response is due. Send a fax or letter to the law firm confirming the information you are given.

 

I have about 20 days left to reply. Court date is only in late 2022. I saw that when one files MTC, to choose a date 45 days away .

My last payment was in Feb 2020, so I looked up the card agreement for Q1 2020. But I now realized that @BV80 said to get the card agreement from my account when it went in default, and that would have been  August 2020, Q3.

 

I read both of your threads and the one you mentioned on your first thread, by NetworkEngineer, and someone said to him/her to go with arbitration because it was better than going to court. Both of you mentioned you had notarized the card agreement. Do I print it myself and take it to a notary? 

 

 

Some things I saw on the card agreement from when my account went into default...it is pretty much the same as of what is written in Q1 card agreement:

 

• If arbitration is chosen by any party, neither you nor we will have the right to litigate that Claim in court or have a jury trial on that Claim. 

• Individual Claims filed in a small claims court are not subject to arbitration, as long as the matter stays in small claims court.

• We won’t initiate arbitration to collect a debt from you unless you choose to arbitrate or assert a Claim against us. If you assert a Claim against us, we can choose to arbitrate, including actions to collect a debt from you. You may arbitrate on an individual basis Claims brought against you, including Claims to collect a debt.

Arbitration may be requested at any time, even where there is a pending lawsuit, unless a trial has begun or a final judgment entered. Neither you nor we waive the right to arbitrate by filing or serving a complaint, answer, counterclaim, motion or discovery in a court lawsuit. To choose arbitration, a party may file a motion to compel arbitration in a pending matter and/or commence arbitration by submitting the required AAA forms and requisite filing fees to the AAA.

We’ll pay your share of the arbitration fee for an arbitration of Claims of $75,000 or less if they are unrelated to debt collection. Otherwise, arbitration fees will be allocated according to the applicable AAA Rules. If we prevail, we may not recover our arbitration fees, unless the arbitrator decides your Claim was frivolous. All parties are responsible for their own attorney’s fees, expert fees and any other expenses, unless the arbitrator awards such fees or expenses to you or us based on applicable law. 

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On 10/13/2021 at 10:13 PM, magali said:

I received a letter last week that was sent on September 30th (stamped on the envelope and the lawyer stamped the date on the letter too) stating that the law firm retained by Cavalry intended to sue. Tonight I was leaving my building and some man approached me asking if I knew a tenant. I had a headache and didn't realize he said my apt number. My last payment was right before the pandemic started. I thought I had some time to send them a debt validation letter and now this happens.

 

I have googled and can't find any info on how soon one can file suit after sending a notice of intention to file lawsuit. Does anyone know?

My answer to the guy looking for your apartment dweller would have been "Oh, Mr. X (your real name)? He moved to Kiska Island Alaska last week.  Something about working on crab boats. My name? Kissmebum, Robert Kissmebum."

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I sent a DV to them the day after they first attempted to serve and received their DV at home after I was served. My letter arrived a day after I was served though. Anyways, they included my credit card agreement and the pages about arbitration. Do I still need to include a notarized copy of the credit card agreement with my MTC?

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3 minutes ago, magali said:

I sent a DV to them the day after they first attempted to serve and received their DV at home after I was served. My letter arrived a day after I was served though. Anyways, they included my credit card agreement and the pages about arbitration. Do I still need to include a notarized copy of the credit card agreement with my MTC?

You cannot DV once they file for a court case as long as they gave you at least 30 days to do a DV. If there is a DV issue, you can bring that up in arbitration.

If they attached to their complaint a copy of the credit card agreement and it has an arb clause, use that agreement. If they try to argue that it is not a valid agreement, just tell the judge that it is the agreement they attached to their summons and complaint. The judge will really love that.

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4 hours ago, WhoCares1000 said:

You cannot DV once they file for a court case as long as they gave you at least 30 days to do a DV. If there is a DV issue, you can bring that up in arbitration.

If they attached to their complaint a copy of the credit card agreement and it has an arb clause, use that agreement. If they try to argue that it is not a valid agreement, just tell the judge that it is the agreement they attached to their summons and complaint. The judge will really love that.

 

 

Oh I see. Well I didn't know that, I thought I could DV before being served. They did not attach the credit card agreement to the summons.

In this case, I will include the credit card agreement from when my account went in default.

I was reviewing the thread by NetworkEngineer and he posted his MTC, memorandum of points and affidavit, but he still had the credit card agreement of when he opened the account. I don't have it anymore.

Should I say in my affidavit that I am including the credit card agremenet of when my account went into default?

 

He posted his on the last post of the first page of the thread below:

 

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3 hours ago, magali said:

 

 

Oh I see. Well I didn't know that, I thought I could DV before being served. They did not attach the credit card agreement to the summons.

In this case, I will include the credit card agreement from when my account went in default.

I was reviewing the thread by NetworkEngineer and he posted his MTC, memorandum of points and affidavit, but he still had the credit card agreement of when he opened the account. I don't have it anymore.

Should I say in my affidavit that I am including the credit card agremenet of when my account went into default?

 

He posted his on the last post of the first page of the thread below:

 

If the complaint they sent you with the complaint includes an agreement with an arbitration clause, use that agreement. They certified under perjury that the agreement they attached to the complaint is the correct one. By using that agreement in the MTC, you are saying that you agree that the agreement is the correct one too. If they then state that it is not the correct agreement in their counter motion, they will be admitting to perjury and you can motion for sanctions for that if they win on their counter motion. I doubt any attorney would be dumb enough to do that though.

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3 minutes ago, WhoCares1000 said:

If the complaint they sent you with the complaint includes an agreement with an arbitration clause, use that agreement. They certified under perjury that the agreement they attached to the complaint is the correct one. By using that agreement in the MTC, you are saying that you agree that the agreement is the correct one too. If they then state that it is not the correct agreement in their counter motion, they will be admitting to perjury and you can motion for sanctions for that if they win on their counter motion. I doubt any attorney would be dumb enough to do that though.

They did not include the credit card agreement to the summons. They sent it through mail in response to my DV. I sent the DV the day after the first attempt by the process server. They received my DV a day or two after I was served.

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  • magali changed the title to Being sued by Cavalry SPV in CA

Hello! I am using the docs @NetworkEngineer posted in his thread since I am in LA too, and one of the things written in his Memorandum of Points might not work in my case:

 

"Plaintiff’s complaint lists two causes of action: Account Stated and Open Book .No evidence of the alleged account was attached to the complaint. The complaint contained so little information that this was difficult to answer."

The summons includes a screenshot of my account showing the last payment, my name as in the summons, the bill of sale and assignment , and affidavit of sale of account.

edit 11/16/21: after a lot of reading, I realized that this was actually fine to use. In one old thread, there was a discussion about affirmative defenses and people argued that you put the burden on yourself to prove the debt collector does not have standing when you say "lack of standing". But by using the quote above, you are challenging the JDB to prove they own the account. They have to provide proof, not you. 

 

here's the thread: 

 

I didn't realize that the bill of sale and affidavit of sale means nothing. It simply shows that they bought a bunch of accounts, it doesn't mean they owned my credit card account.

And even if the JDB brings up a person who works for the bank from which they bought the account and that person says that your account was included in that sale, you can still beat it. One guy in this forum beat a lawsuit for 42k from a debt collector who had an affidavit from the original creditor.

I filed and already served cavalry's lawyers. Once I get the green card back, I will be sending proof of service to court. I think I will wait for the judge to answer before I file for arbitration with AAA.

 

Edited by magali
updated info, didn't want to clog forum with another post.
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