Author Topic: Being sued by Calvary/GE Capital Paypal  (Read 5132 times)

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Bubbles

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Re: Being sued by Calvary/GE Capital Paypal
« Reply #60 on: November 01, 2017 06:20:50 PM »
What's the rush?

Isn't plaintiff allowed a few days leeway in the mail anyway? 

CleaningUp

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Re: Being sued by Calvary/GE Capital Paypal
« Reply #61 on: November 01, 2017 06:27:27 PM »
My guess is that you will get a dismissal WITHOUT prejudice, but there is no harm in asking for that as a sanction.

The judge may just be fed up enough with them to grant your request.

YYaWannaNO

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Re: Being sued by Calvary/GE Capital Paypal
« Reply #62 on: November 07, 2017 08:57:18 PM »
What's the rush?

Isn't plaintiff allowed a few days leeway in the mail anyway?

Not sure but you're probably right.  It's been over 30 days and still nothing.  My court date is soon so I suppose I'll wait another week before filing.  Or maybe file this Monday.  In the meantime does anybody know of any case law when it comes to dismissal because the plaintiff failed to provide proper documentation?  Apparently for all MTDs, case law must be cited. :/
« Last Edit: November 07, 2017 10:19:31 PM by YYaWannaNO »

jdaitkins

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  • NEVER pay a collection. Get them to pay you.
Re: Being sued by Calvary/GE Capital Paypal
« Reply #63 on: November 07, 2017 10:11:45 PM »
Omigosh! Had I seen this when it was posted, I would have suggested that you file a countersuit against them.

Never, ever, EVER pay the collector of a sold debt. They must be forced to pay YOU.

So, how did this turn out?

YYaWannaNO

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Re: Being sued by Calvary/GE Capital Paypal
« Reply #64 on: November 07, 2017 10:17:03 PM »
Omigosh! Had I seen this when it was posted, I would have suggested that you file a countersuit against them.

Never, ever, EVER pay the collector of a sold debt. They must be forced to pay YOU.

So, how did this turn out?

The Judge ordered Cavalry to provide actual proof of the debt.  They were given 30 days and it's now day 31.  Since they failed to provide, my next move is to request dismissal.  There is some question as to if the plaintiff is allowed a few days "buffer".  That being said, I plan to file my motion next week if I still havent' received anything

YYaWannaNO

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Re: Being sued by Calvary/GE Capital Paypal
« Reply #65 on: January 03, 2018 10:26:32 PM »
Just wanted to put an update on this case.  I noticed that a lot of people come here asking for help and we NEVER hear the outcome! :/  Ended up settling for 30% one lump sum and a removal on my credit report.  Without this site I probably would have just defaulted and ended up having my check garnished!   I totally forgot to ask them to not send out a 1099 unfortunately.  Itwas a learning experience that I hope never to go through again. :)  Thanks to everyone for the helpful responses.

CleaningUp

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Re: Being sued by Calvary/GE Capital Paypal
« Reply #66 on: January 03, 2018 11:43:33 PM »
You still haven't gotten rid of the OCs trade line yet.  You might want to see if you can dispute it off.

When the OC sells the charged-off account, they archive the data in ways that may not be responsive to CR dispute queries.  The result is no response which means the account is not verified and the CRA removes it from the report.  It being six years on since the default increases the chances you can bump it off.

Worth a try.


 

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