Author Topic: Calvary portfolo suing me in Ga  (Read 5652 times)

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Nova1980

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Re: Calvary portfolo suing me in Ga
« Reply #30 on: January 28, 2017 04:24:38 PM »
Its in Dekalb county

fisthardcheese

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  • They forced arbitration into your contract. Use it
Re: Calvary portfolo suing me in Ga
« Reply #31 on: January 28, 2017 10:50:35 PM »
Has Calvary called your cell phone to collect this supposed debt at any time?
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)

Clydesmom66

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Re: Calvary portfolo suing me in Ga
« Reply #32 on: January 29, 2017 12:35:33 AM »
Its in Dekalb county

Okay that helps because Dekalb is one of the largest counties in GA and the Magistrates there are actual judges who generally hold the Plaintiff to the law and don't like their showing up with hearsay.

Now the bad news:

"2.  c/o Rahn L. Gatewood, Esq.
Roosen Varchetti & Olivier PLLC"

RVO PLLC is a large debt collection firm in Michigan.  They are not licensed in GA but appear to have farmed this out to Rahn Gatewood who is with the bottom feeding law firm Lazega and Johanson.  L&J are on the same level as Freddie Hanna.  They used to represent HOAs and specialized in suing retirees over HOA fees and forcing foreclosure to steal prime condo units.  When the recession hit and the bottom fell out of real estate in GA they changed over to debt collection suits. 

Cap1 removed arbitration so it appears you are going to have to litigate this.  Be on the look out for a letter that states "you can come to their offices to review the evidence" if you do not do this you cannot object to the documents as hearsay.  Show up and get copies of EVERYTHING.  Start studying case law.  You are going to have to argue standing for Cavalry and hearsay effectively. 

On the day of trial they are going to send you to the hallway with Rahn or whatever flunky L&J sends over that day who will attempt to get you to agree to a consent judgment.  DO NOT do it.  Be prepared to fight.  They just might fold because they want the easy default judgment not to prove their case.  ALWAYS keep in mind that L&J is a BOTTOM FEEDER that cannot be trusted.
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.

fisthardcheese

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  • Posts: 3840
  • They forced arbitration into your contract. Use it
Re: Calvary portfolo suing me in Ga
« Reply #33 on: January 29, 2017 11:48:41 AM »
Okay that helps because Dekalb is one of the largest counties in GA and the Magistrates there are actual judges who generally hold the Plaintiff to the law and don't like their showing up with hearsay.

Now the bad news:

"2.  c/o Rahn L. Gatewood, Esq.
Roosen Varchetti & Olivier PLLC"

RVO PLLC is a large debt collection firm in Michigan.  They are not licensed in GA but appear to have farmed this out to Rahn Gatewood who is with the bottom feeding law firm Lazega and Johanson.  L&J are on the same level as Freddie Hanna.  They used to represent HOAs and specialized in suing retirees over HOA fees and forcing foreclosure to steal prime condo units.  When the recession hit and the bottom fell out of real estate in GA they changed over to debt collection suits. 

Cap1 removed arbitration so it appears you are going to have to litigate this.  Be on the look out for a letter that states "you can come to their offices to review the evidence" if you do not do this you cannot object to the documents as hearsay.  Show up and get copies of EVERYTHING.  Start studying case law.  You are going to have to argue standing for Cavalry and hearsay effectively. 

On the day of trial they are going to send you to the hallway with Rahn or whatever flunky L&J sends over that day who will attempt to get you to agree to a consent judgment.  DO NOT do it.  Be prepared to fight.  They just might fold because they want the easy default judgment not to prove their case.  ALWAYS keep in mind that L&J is a BOTTOM FEEDER that cannot be trusted.

I would rather find the inevitable consumer law violations against Calvary and/or L&J and file a counter claim.  Even a single violation counter claim for $1,000 would be enough for these guys to not want to deal with the case in front of the Judge and will more than likely agree to a mutual dismissal with prejudice.

That, in my experience with this county's magistrate, is always the best option.  Even though that county has better judge's, they still don't really want to deal with things like standing. They will also accept the plaintiff's flimsy affidavit, even though affidavits are not supposed to be accepted in place of witness testimony in Magistrate court.

I would look into any phone calls to my cell phone, any improper letters, any discrepancies on my credit reports - Calvary are notorious for having random balance amounts between credit reports and letters they send.  Any one of those things would be enough for me to file a counter claim and get a mutual dismissal.
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)

 

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