Author Topic: Calvary portfolo suing me in Ga  (Read 5637 times)

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Nova1980

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Re: Calvary portfolo suing me in Ga
« Reply #15 on: December 30, 2016 02:25:33 PM »
I don't believe I have any of their old letters. How long can they keep my file in the court system, the last date on the website is from 11-30-16 with the affidavit of non service. Is there a time limit for them to serve me,. Also if they put a notice in the newspaper will it show on the courthouse website?

Clydesmom66

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Re: Calvary portfolo suing me in Ga
« Reply #16 on: December 30, 2016 03:07:47 PM »
How long can they keep my file in the court system, the last date on the website is from 11-30-16 with the affidavit of non service. Is there a time limit for them to serve me,.

The case can remain active for anywhere from 6 months to 1 year before the court would order a dismissal for want of prosecution (trying the case). 

Also if they put a notice in the newspaper will it show on the courthouse website?

Yes.  It should update to show that alternate process of service by publication was approved and done.  Given that print news is almost extinct they may not be likely to approve that method.  First the court is going to require that the Plaintiff attempt to track you down pretty diligently though. 
Be VERY careful following advice from the internet! What worked for someone with thousands of posts on a message board may not work for YOU in your state.  Consult a lawyer when ever possible.

BrokeBob

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Re: Calvary portfolo suing me in Ga
« Reply #17 on: December 30, 2016 03:40:24 PM »
The case can remain active for anywhere from 6 months to 1 year before the court would order a dismissal for want of prosecution (trying the case). 

Yes.  It should update to show that alternate process of service by publication was approved and done.  Given that print news is almost extinct they may not be likely to approve that method.  First the court is going to require that the Plaintiff attempt to track you down pretty diligently though.

I am not certain that the part in bold is always true. 

Courts SHOULD do that, but not every court is vigilant in protecting the rights of consumers.  I once lost a default judgment after moving in NYC.  I don't think they made much of an effort to track me down, but they were able to find my bank accounts with no problem. 

I am in the most consumer friendly county in Wisconsin, and publication service was approved of after, for example, the process server stopping by my house a couple of times in the same week while I was on vacation. 

Don't count on the courts looking after your interests.  Look after them yourself.

Bruno the JDB Killer

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Re: Calvary portfolo suing me in Ga
« Reply #18 on: December 30, 2016 04:59:01 PM »
It's odd that a bunch of lawyers know where he is to send him advertising, but the court can't find him.
I am not an attorney. Any information I post is strictly my opinion and should be treated as such.

fisthardcheese

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Re: Calvary portfolo suing me in Ga
« Reply #19 on: December 30, 2016 05:39:23 PM »
It's odd that a bunch of lawyers know where he is to send him advertising, but the court can't find him.

Calvary is most likely using their own process server.   It's the equivalent of Uncle Jed trying to deliver a pizza to the correct address. :)
11 Arb Settlements (9 AAA, 2 JAMS)
3 JDB Suits Dismissed With Prejudice (2 pro-se, 1 consumer atty)
3 TCPA Settlements (2 pro-se, 1 consumer atty)
2 FCRA Settlements (consumer atty)
1 FDCPA Settlement (w consumer atty)
1 Small Claims Win (pro-se; Landlord/state consumer law violations)
1 State UDAP Settlement (ITS)
1 Federal PTC Settlement (before hearing; pro-se)

Bruno the JDB Killer

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Re: Calvary portfolo suing me in Ga
« Reply #20 on: December 30, 2016 06:32:33 PM »
Dang, you all. I done found the wrong house. This is like Stephanie trying to convince her "universe" that 52 year old Goldberg can beat Brock Lesnar in 1:26 after taking 12 years off.  That could happen. Congrats, dummies who paid for that pay-per-view.

Can Cavalry choose their own process server? Here in Yankee country, you have to choose from state approved marshals. They arrive at your house on their horse and "serve" you. "Y'all got your summons, boy. See you in court."

"Thank you Marshal Dillon. Did you ever hear of arbitration?"

"What you say, boy? I ain't married to my sister."

"Oh. Have a nice day."
I am not an attorney. Any information I post is strictly my opinion and should be treated as such.

fisthardcheese

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Re: Calvary portfolo suing me in Ga
« Reply #21 on: January 01, 2017 11:40:35 AM »
Dang, you all. I done found the wrong house. This is like Stephanie trying to convince her "universe" that 52 year old Goldberg can beat Brock Lesnar in 1:26 after taking 12 years off.  That could happen. Congrats, dummies who paid for that pay-per-view.

Can Cavalry choose their own process server? Here in Yankee country, you have to choose from state approved marshals. They arrive at your house on their horse and "serve" you. "Y'all got your summons, boy. See you in court."

"Thank you Marshal Dillon. Did you ever hear of arbitration?"

"What you say, boy? I ain't married to my sister."

"Oh. Have a nice day."

You're never going to get over the 1:26 job, are you?  :)

In GA anyone can serve a summons.  They only need to file the affidavit of service with the court.  It is common for JDBs like Midland and Calvary to hire some minimum wage dropout to serve a dozen summons per day.  That is far cheaper for them than paying the $60 per summons for the State Marshal to serve them.
11 Arb Settlements (9 AAA, 2 JAMS)
3 JDB Suits Dismissed With Prejudice (2 pro-se, 1 consumer atty)
3 TCPA Settlements (2 pro-se, 1 consumer atty)
2 FCRA Settlements (consumer atty)
1 FDCPA Settlement (w consumer atty)
1 Small Claims Win (pro-se; Landlord/state consumer law violations)
1 State UDAP Settlement (ITS)
1 Federal PTC Settlement (before hearing; pro-se)

Nova1980

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Re: Calvary portfolo suing me in Ga
« Reply #22 on: January 27, 2017 05:19:00 PM »
Ok guys, I was officially served today..well my bf was. How can go about beating these guys in court. I dont have the papers with me I am at work but I can post it on here when I get home. My bf wants me to call them and set up a deal with them so I dont have to go to court. I dont think that's a good idea.


Admin Note:  Unacceptable language removed.   :tos:
« Last Edit: January 27, 2017 07:18:57 PM by Nova1980 »

Bruno the JDB Killer

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Re: Calvary portfolo suing me in Ga
« Reply #23 on: January 27, 2017 08:02:50 PM »
I don't think the bf is a good idea. Is he going to pay the judgment for you after you get a good old fashioned <Removed> beating from a lawyer who graduated last in his class? I didn't think so.  Answer these and we'll see if we can help you.

1. Who is the named plaintiff in the suit?

2. What is the name of the law firm representing the Plaintiff?

3. How much are you being sued for? Round off the amount.

4. Who is the original creditor? (if not the Plaintiff) original creditors are major banks such as Citibank, Chase, Capitol 1, Wells Fargo, etc. If you see a name you don't recognize, like Midland, Portfolio, Cavalry, it is a "junk debt buyer."

5. How do you know you are being sued? Were you properly served?

6. How were you served? (Mail, In person, Notice on door)

7. What state  do you live in?

8. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) This is very important, they often wait too long to file suit. No wild guesses please, that does not help.


9. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. If not, you can find this in your state rules of civil procedure. Links are posted here under state laws.


10. What documents, if any, did they send with the summons?

11. Did they also send discovery? (Requests for Production of Documents, Requests for Admissions, Interrogatories)




Admin Note:  Inappropriate language removed.  :tos:
« Last Edit: January 29, 2017 02:46:53 PM by Admin0248 »
I am not an attorney. Any information I post is strictly my opinion and should be treated as such.

Jane007

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Re: Calvary portfolo suing me in Ga
« Reply #24 on: January 27, 2017 09:20:12 PM »
@Nova1980,
If, as you mentioned earlier, cavalry has filed suit based on a credit one bank account for eight hundred bucks, the first step is to determine if the suit is in small claims court.

fisthardcheese

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Re: Calvary portfolo suing me in Ga
« Reply #25 on: January 27, 2017 11:28:28 PM »
I would start with filing an answer with the court that denies all of the allegations in the complaint.  Once you file the answer, the court will set a trial date which will be about 30 days from that day you file the answer.

Magistrate court does not look at anything until the day of the trial.  When you show up to court, the Calvary attorney will meet with you in the hall and try to get you to "settle" for a consent judgement.  When they do this, I would hand them my Motion to Compel private arbitration and tell them I will be asking the judge to order this case to JAMS arbitration per the card agreement.  The attorney will not be prepared for this and will attempt to get out of it by telling you false information about arbitration being expensive for you or something about you having the wrong agreement.  They may also attempt to ask for a continuance to "look into it". I would not agree to a continuance.  If they aren't prepared at the hearing date, that is in your favor.

Arbitration is a strategy that works well in GA magistrate cases like this.

11 Arb Settlements (9 AAA, 2 JAMS)
3 JDB Suits Dismissed With Prejudice (2 pro-se, 1 consumer atty)
3 TCPA Settlements (2 pro-se, 1 consumer atty)
2 FCRA Settlements (consumer atty)
1 FDCPA Settlement (w consumer atty)
1 Small Claims Win (pro-se; Landlord/state consumer law violations)
1 State UDAP Settlement (ITS)
1 Federal PTC Settlement (before hearing; pro-se)

Jane007

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Re: Calvary portfolo suing me in Ga
« Reply #26 on: January 27, 2017 11:46:23 PM »
So, is Magistrate Court in GA distinct from Small Claims Court in GA?  Or, is the latter a division within the former?

Would the small claims court exception in the credit one bank agreement not apply to a case filed in Magistrate Court in GA?

Clydesmom66

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Re: Calvary portfolo suing me in Ga
« Reply #27 on: January 28, 2017 02:40:23 AM »
So, is Magistrate Court in GA distinct from Small Claims Court in GA?  Or, is the latter a division within the former?

Magistrate Court is small claims in GA.

Would the small claims court exception in the credit one bank agreement not apply to a case filed in Magistrate Court in GA?

Yes, the small claims exception in the card agreement would apply in Magistrate Court.  Arbitration will not be an option.
Be VERY careful following advice from the internet! What worked for someone with thousands of posts on a message board may not work for YOU in your state.  Consult a lawyer when ever possible.

Nova1980

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Re: Calvary portfolo suing me in Ga
« Reply #28 on: January 28, 2017 02:54:08 PM »

1. Plaintiff- Cavalry Spv I Llc, as Assignee of Capital One Bank Usa, N.A
 
2.  c/o Rahn L. Gatewood, Esq.
Roosen Varchetti & Olivier PLLC

3.$805.08 plus court cost $54.00

4. Original creditor is Capital One

5. They served by boyfriend yesterday morning

6. In person, it was a person they hired, not a police officer

7.Georgia

8. It was 2011 I believe.

9. I have 30 days

10. They gave me a photo copy of an old bill from 2012. A Bill of Sale buying my old account, they blacked out how much they purchased it for, interesting. And blacked out the aggregate unpaid balance as well. A copy of Status Report Pursuant to Servicemembers Civil Relief Act.

11. All they gave me was what I put for # 10.

Clydesmom66

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Re: Calvary portfolo suing me in Ga
« Reply #29 on: January 28, 2017 03:49:56 PM »
Arbitration is a strategy that works well in GA magistrate cases like this.

Except now we know that Cap1 is the OC and they removed arbitration as an option.

WHEN was the account opened?  If it was 2010 or later then arbitration is not an option.  If earlier than that there may be a survivability clause that allows for it.

10. They gave me a photo copy of an old bill from 2012. A Bill of Sale buying my old account, they blacked out how much they purchased it for, interesting. And blacked out the aggregate unpaid balance as well. A copy of Status Report Pursuant to Servicemembers Civil Relief Act.

Magistrate Court does not require that they attach anything to the complaint or discovery.  EVERYTHING is done at trial.  Beware for a letter stating "you can come to the law offices to review the evidence" because if you don't then the GA courts will deem that you waived objecting to it and will allow it in.   If you go and review it you can then object to hearsay documents and try to have them excluded.

What county in GA is this in?
Be VERY careful following advice from the internet! What worked for someone with thousands of posts on a message board may not work for YOU in your state.  Consult a lawyer when ever possible.

 

credit