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Being sued by Cavalry SPV in CA


magali
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It says on the tracking for the mail that was sent to the lawyers :

 

Waiver of signature was exercised at time of delivery.”

 

The useless woman at USPS was too busy chatting and as my friend realized she forgot to checkmark the boxes on the bottom right of the cmrrr, the usps worker snatched out of her hand and said she didn’t need to check that. So it was as if she authorized them to waive their signature. This is really upsetting because she paid extra just for that. 

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13 hours ago, magali said:

It says on the tracking for the mail that was sent to the lawyers :

 

Waiver of signature was exercised at time of delivery.”

 

The useless woman at USPS was too busy chatting and as my friend realized she forgot to checkmark the boxes on the bottom right of the cmrrr, the usps worker snatched out of her hand and said she didn’t need to check that. So it was as if she authorized them to waive their signature. This is really upsetting because she paid extra just for that. 

I never check those boxes and I still get a signature. 

I googled and found this: 

A "Waiver of Signature" is initiated by the Sender and authorizes delivery of mail at the letter carrier's discretion (if area is secured and protected from weather) without obtaining the recipient's signature. Waiver of Signature must be checked at time of mailing by the Sender
 
It sounds like she would have had to check a box to allow the waiver.  Maybe the mistake was made at the delivery end?
Not checking any boxes should not have triggered a waiver. 
 
I've complained about stuff the post office has done using the USPS.com website. I usually get a response within a few days - most of the time, someone at the actual post office either calls me or emails me.  Your friend might want to try that and ask them about it? 
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1 hour ago, shadow99 said:

I never check those boxes and I still get a signature. 

I googled and found this: 

A "Waiver of Signature" is initiated by the Sender and authorizes delivery of mail at the letter carrier's discretion (if area is secured and protected from weather) without obtaining the recipient's signature. Waiver of Signature must be checked at time of mailing by the Sender
 
It sounds like she would have had to check a box to allow the waiver.  Maybe the mistake was made at the delivery end?
Not checking any boxes should not have triggered a waiver. 
 
I've complained about stuff the post office has done using the USPS.com website. I usually get a response within a few days - most of the time, someone at the actual post office either calls me or emails me.  Your friend might want to try that and ask them about it? 

Do you think there will be an issue with how they were served since they didn’t sign? It says the letter was delivered to the mailbox. I’m about to deliver the proof of service to the court.

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2 minutes ago, magali said:

Do you think there will be an issue with how they were served since they didn’t sign? It says the letter was delivered to the mailbox. I’m about to deliver the proof of service to the court.

I'm in Virginia, but our courts only require that you send it first class mail.

The certified option is just extra proof if they claim they didn't receive it. If they get to court and claim they never received it, just show the receipt that shows it was mailed.  They'll probably get a continuance if they really didn't receive it so they can look it over.  I doubt it'll be a problem, but someone with more experience might know more than I do. For example, whenever a lawyer mails me something related to a case, they just use first class mail - they don't use certified.

I think the only time the certified card helps a lot is if you're filing a FDCPA violation and need to prove that you sent them a dispute letter within the 30 days and they continued collection efforts without responding. 

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28 minutes ago, magali said:

The law firm representing cavalry contacted me. Do I have to confirm my information to them ? (SS# , birthdate?)

 

It doesn’t hurt to give that info to the attorney.  As a self-represented litigant, you are expected to cooperate with the other party just as it is expected to cooperate with you.

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13 minutes ago, BV80 said:

It doesn’t hurt to give that info to the attorney.  As a self-represented litigant, you are expected to cooperate with the other party just as it is expected to cooperate with you.

I assume they will try to settle. I cannot afford the debt in full or partially. Should I simply say dismissal with prejudice?

Can I ask them to pay the court fees for me? I applied for fee waiver, but the court here states that if your finances change up to 60 days after you filed, you are required to pay the fees.

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Well, I was very naive. They actually wanted to see if I would do a payment plan.
Whoever spoke to me said in a passive-aggressive tone that i don’t seem to want to fulfill my obligations (I paid faithfully for XX months until I went broke) and just want to get the case dismissed. 

I won’t tell the whole discussion in case they are checking this forum, but nothing was resolved. And I didn’t even mention wanting them to pay the fees for me. 

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On 11/19/2021 at 4:40 PM, magali said:

Well, I was very naive. They actually wanted to see if I would do a payment plan.
Whoever spoke to me said in a passive-aggressive tone that i don’t seem to want to fulfill my obligations (I paid faithfully for XX months until I went broke) and just want to get the case dismissed. 

I won’t tell the whole discussion in case they are checking this forum, but nothing was resolved. And I didn’t even mention wanting them to pay the fees for me. 

It seems best to get your MTC granted and only communicate in writing from now on. Also, I only ever communicated with the JDB attorney. Talking to anyone  else seems like a waste of time. That seems to be the case with their passive-aggressive scumbagery.

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42 minutes ago, jon_117 said:

It seems best to get your MTC granted and only communicate in writing from now on. Also, I only ever communicated with the JDB attorney. Talking to anyone  else seems like a waste of time. That seems to be the case with their passive-aggressive scumbagery.

After being sued, the attorney is the only person a defendant is supposed to communicate with.  You are not supposed to communicate directly with the plaintiff. 

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  • 3 weeks later...
  • 3 months later...

Hello, my hearing is coming up. I haven't been here in a bit. Should I have filed for arbitration already or do I wait until after the hearing?

 

And to not create a new thread for one question, I paid off a debt for a much lower amount than I owed. Do I dispute it on experian/equifax or do I send a letter to the debt collecting agency requesting to have it updated?

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39 minutes ago, magali said:

Hello, my hearing is coming up. I haven't been here in a bit. Should I have filed for arbitration already or do I wait until after the hearing?

 

And to not create a new thread for one question, I paid off a debt for a much lower amount than I owed. Do I dispute it on experian/equifax or do I send a letter to the debt collecting agency requesting to have it updated?

Hello, my hearing is coming up. I haven't been here in a bit. Should I have filed for arbitration already or do I wait until after the hearing?

Wait till after hearing,  It's best to have a court order when you file. You never know what will happen till it happens. The plaintiff may ask for dismissal without prejudice, before judge rules on the MTC, etc..

And to not create a new thread for one question, I paid off a debt for a much lower amount than I owed. Do I dispute it on experian/equifax or do I send a letter to the debt collecting agency requesting to have it updated?

Who did you settle with?  you say debt collection agency did the O.C. still own the account? Still showing charge off with XXXXX written off.  then give 60days should update.  

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On 4/12/2022 at 7:19 PM, Bulldoger said:

Hello, my hearing is coming up. I haven't been here in a bit. Should I have filed for arbitration already or do I wait until after the hearing?

Wait till after hearing,  It's best to have a court order when you file. You never know what will happen till it happens. The plaintiff may ask for dismissal without prejudice, before judge rules on the MTC, etc..

And to not create a new thread for one question, I paid off a debt for a much lower amount than I owed. Do I dispute it on experian/equifax or do I send a letter to the debt collecting agency requesting to have it updated?

Who did you settle with?  you say debt collection agency did the O.C. still own the account? Still showing charge off with XXXXX written off.  then give 60days should update.  

 

Chase had a debt collection agency contact me. My debt was 4k but we settled for 800. I paid in early December. Received letter from them confirming I paid.

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13 hours ago, magali said:

 

Chase had a debt collection agency contact me. My debt was 4k but we settled for 800. I paid in early December. Received letter from them confirming I paid.

That's better than I did. I settled quickly e.g. first communications with Chase before I ever found this board as I didn't want to go to court with OCs years ago I went to court against Citibank and lost.   I settled for  40% paid over 24 payments. Got 9 more payments.  

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On 4/12/2022 at 7:19 PM, Bulldoger said:

Still showing charge off with XXXXX written off.  then give 60days should update.  

 

Since more than 60 days have passed and they haven't updated, do I contact chase or the debt collection or do I dispute it on experian?

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  • 2 weeks later...
32 minutes ago, magali said:

Does anyone know if I really need to go to the hearing? 

You don't have to go but if you don't your left to the mercy of the court you may get a default judgement. 

The plaintiff attorney may offer oral arguments that overcome your MTC.  Then motion for default Judgement. 

If you attend and they don't show you have opportunity to ask for dismissal with prejudice. 

You attend hearings not because you legally have to but because you don't want to deal with WTFs afterwards. 

I once file for a motion to change venue move out of county still in state. I thought no big deal I will get the change of venue.   

Wrong.  I didn't show Judge issued a default judgement.

 

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6 hours ago, Bulldoger said:

You don't have to go but if you don't your left to the mercy of the court you may get a default judgement. 

The plaintiff attorney may offer oral arguments that overcome your MTC.  Then motion for default Judgement. 

If you attend and they don't show you have opportunity to ask for dismissal with prejudice. 

You attend hearings not because you legally have to but because you don't want to deal with WTFs afterwards. 

I once file for a motion to change venue move out of county still in state. I thought no big deal I will get the change of venue.   

Wrong.  I didn't show Judge issued a default judgement.

 

I hate public speaking but I get it. I thought it would be a done deal since my credit card agreement does talk about arbitration. I will be there, unfortunately...

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Believe me I know how it is I am not good at public speaking either.  I got a hearing on May 9th. I emailed Attorney my MTC a month before I filed it, No response, I filed it a month ago still no response. I just emailed a settlement offer hoping they accept and we can get case settled before hearing.  

It's a low offer but I am not going higher in fact I am deducting my time per my job salary for the time I have to spend and travel to court if they don't settle by court date.  

In Virginia you have to how up or they handout a default judgement.  80 or more percent of the people don't show up. 

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15 minutes ago, magali said:

I hate public speaking but I get it. I thought it would be a done deal since my credit card agreement does talk about arbitration. I will be there, unfortunately...

Did Plaintiff file a response?  If not they will have a hired local attorney just say they agree with the MTC.  You may not have to say a word. 

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1 minute ago, Bulldoger said:

Did Plaintiff file a response?  If not they will have a hired local attorney just say they agree with the MTC.  You may not have to say a word. 

they never responded. they did call me after they were served trying to settle . 

i was hoping they would just request for a dismissal, but i guess they want me to waste time driving there - courthouse is 25 miles away from me! gas is still over $5 in here...

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If they don't show or hire someone to show I would ask the Judge to dismiss the case with prejudice. 

Do it at roll call right after you go up to podium and they don't.  

Say, Wait you Honor, before you rule on  my motion I would like to enter a plea for dismissal. 

Argue that you had to take time off work drive 50 miles round trip to be there.  

Say if you hadn't showed they be getting for a default judgment wouldn't they? Say I believe in all fairness that you earn a dismissal with prejudice. 

Optional: add " You had the respect of your court to show up your honor, unlike the plaintiff. 

 

 

For once I like to see them get served by a judge. 

 

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2 minutes ago, Bulldoger said:

If they don't show or hire someone to show I would ask the Judge to dismiss the case with prejudice. 

Do it at roll call right after you go up to podium and they don't.  

Say, Wait you Honor, before you rule on  my motion I would like to enter a plea for dismissal. 

Argue that you had to take time off work drive 50 miles round trip to be there.  

Say if you hadn't showed they be getting for a default judgment wouldn't they? Say I believe in all fairness that you earn a dismissal with prejudice. 

Optional: add " You had the respect of your court to show up your honor, unlike the plaintiff. 

 

 

For once I like to see them get served by a judge. 

 

 

 

I will be honest with you, I don't think I can say all that. I think I would stutter or speak super fast, which might frustrate the judge. Besides, the room will be full of people. I will write everything down and maybe say it if the judge seems nice - when I went there for a fee waiver hearing, the judge seemed approachable.

Maybe the rent-a-lawyer will simply get me to sign on some mutual release agreement and present to the judge. 

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