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Being sued by Cavalry SPV in CA


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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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