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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 26755
Experience:  Began practicing law in 1992
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I am being sued by Cavalry SPV, LLC as assignee of HSBC bank

Customer Question

I am being sued by Cavalry SPV, LLC as assignee of HSBC bank Nevada, N.A./Orchard Bank for a credit card debt. I received a letter from the Clerk’s office (on Sept 9, letter dated Sept 6, non-certified). It was a copy of the Summons but not the Complaint. The Summons states that I have 23 days to respond to the complaint (filed Aug 16 and signed on August 20). I called the clerk’s office to get a copy of the summons but was told I could not get any information from the clerk’s office as they are instructed not to answer any questions.
The person I talked to said that a copy of this letter and the compliant was left attached to my door of my home on August 29th. I was out of the country for 2 weeks returned back on Aug 29th late and there was nothing affixed to my door.
I wrote the court explaining this circumstances, and they notified the plaintiff’s attorney and I was granted more time (still not sure how much).

I called the plaintiff’s attorneys office on Sept 26th and they faxed a copy of the complaint to me same day. I don’t recall ever having received any correspondence form Cavalry on this account.

The complaint states:
1. Indiana Trial Rule 9.2A,
2. They attached Exhibit A: a copy of the written agreement (Orchard Bank MasterCard Card member agreement (never even heard of Orchard Bank before), account was through Household Bank.
3. Exhibit B the Assignment and bill of sale as of May 11, 2011 for the sale of the account from HSBC, last sentence states:”IN WITNESS WHEREOF, Seller has signed and delivered this instrument or the 20th day of Oct, 2011”.
4. Exhibit C: a copy of a statement with closing date of Sept. 27th, 2011. With a payment due of October 22, 2011.

Last payment made was 2/17/2011. Amount being sued is $1749.87 plus attorney’s fees and court costs. Account number only last 4 digits of “0097”, not the full account number. colplaint states that HSBC charged off to profit and loss and sold to the plaintiff.

Also states the attorney for the plaintiff demanded payment (I don’t recall receiving anything from them) and that I have not satisfied the demand.

Cavalry is a LLC. incorporated in the State of Delaware, which has 3 years for SOL. Do I have a potential defense using this?

I need to reply soon to the complaint, what do I write to deny them item by item?

I know they probably bought this debt for $0.02-$0.05 on a dollar, so they have less $100 invested here besides the attorney’s fees. If I do approach them, should I make an offer? My wife was working with HSBC to pay off the debt for under $500 but then the communication went silent from HSBC.
Submitted: 9 months ago.
Category: Legal
Expert:  Dwayne B. replied 9 months ago.

Dwayne B. :

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification.

Dwayne B. :

Do you live or were any of the charges on which the debt is based incurred in DE?

Dwayne B. :

The website is showing you are offline so I will exit to assist others. If you want to discuss this real time then when you come back please post your reply and wait here in Chat and I will be with you as soon as I wrap up with the other customer.

Customer:

Hi Dwayne, i am back sorry i didn't know i could wait. here are the answers to yor questions

Customer:

no debt in Delaware all in Indiana, i live in Hamilton County, Carmel, IN. i saw that the statute of limitations of the state where the credit card issuer is based, rather than where i live may be correct statute of limitations to apply,

Customer:

since theya re incorporated in delaware, can they claim damages?

Dwayne B. :

No problem about waiting. Some of the websites instructions aren't as clear as they should be.

Customer:

in Indiana, SOL is 6 years

Dwayne B. :

No, DE's statute of limitations won't help you since they sued you in another state. It is the statute of limitations of the state where the lawsuit is back that controls.

Dwayne B. :

In Indiana the statute of limitations is going to be six years at the shortest.

Dwayne B. :

And that is six years from the date of the last payment.

Customer:

from your standpoint, do i have any recourse other than contccting them to set up a payment plan? i thought becuae htis was unsecured debit, and HSBC wrote off the debet, and that we did have a tenttive plan back 2 years ago to minimize the debt thant i had a change to not pay the entire amount

Dwayne B. :

Let me make a suggestion first, there is a book on fighting adebt collector that you might want to consider at http://www.lessonsinlaw.com/the-guerrilla-guides-to-the-law/

Dwayne B. :

It is inexpensive, easy to understand, and has a lot of good info.

Customer:

should i review this now or look at it later?

Dwayne B. :

No, even though they wrote the debt off that is just an accounting tool and doesn't mean they can't sell the debt or still try to collect.

Customer:

ok i will review the link you sent, what should be my next step? i don't have a lot of time to reply to the complaint

Dwayne B. :

You probably want to buy it and read over it in the next few days It's pretty succinct but it will take you a couple of days to read and then go back and reread it.

Customer:

do i have to reply to each item with a deny?

Dwayne B. :

Let me see if I can find you a link to the Answer form you need to file.

Dwayne B. :

Be right back.

Dwayne B. :

IN has a forms website at http://www.in.gov/judiciary/selfservice/2333.htm

Dwayne B. :

It has a lot of good info on it but I don't see an Answer there.

Customer:

after i reply with a deny, then a hearing is set i take it? at that time, i present my case and their attorney their"s? or wouuld it be less expensive to jsut contact the plantiffs attorney and try to work out a deal or will theny just let the court decide

Dwayne B. :

What I'd suggest is going to the clerk of court where you were filed and asking to look through a file where an answer was filed by an attorney.

Dwayne B. :

You can try and work out a deal just to see what they will say but don't sign or tell them anything that admits that you owe the debt until you have a settlement reached.

Dwayne B. :

As that book will point out the way you beat these kinds of lawsuits is because the debt collector companies rarely have the paperwork to prove that you actually owe the debt.

Dwayne B. :

However, even if you are going to try and resolve it you may want to go ahead and get that book on fighting it and then the one on discovery as well.

Customer:

ok that will be in court? ok thanks for the help, i iwll gedt into it now. will yyour reply be avaibale to me after we get off?

Dwayne B. :

Once you issue your Positive Rating then the question will lock open and no longer time out. You can come back to it then whenever you want in the future. What I'd suggest is 1) issue a Positive Rating (of course I'd suggest Excellent), so that the question doesn't time out and close, 2) go ahead and purchased and download that book, 3) go to the clerk of courts and get that form.

Dwayne B. :

Then you can start reading the book and prepare your answer and that will buy you a little time to negotiate a settlement.

Customer:

how do i negotiate with the attorney's office if i don't say i am acknowledging the debt?

Dwayne B. :

You can also do discovery to see what documents they have.

Dwayne B. :

You can tell them you don't want to mess with it and would be willing to pay a little just to get rid of it.

Customer:

ok i will exit now and look to see what the links have for me to use. aahh thanks for that

Customer:

have a good day

Dwayne B. :

The lawyers on these cases take these on a small fee basis because most peope don;t reply to the lawsuit.

Dwayne B. :

So any extra time you make them take will make them more inclined to settle,

Customer:

then the court just decides for the plantiff, that is what i thought

Customer:

bye for now

Dwayne B. :

No, many if not most of the time if you fight them they can't prove their case because they don;t have the paperwork.

Customer:

kool

Dwayne B., Attorney
Category: Legal
Satisfied Customers: 26755
Experience: Began practicing law in 1992
Dwayne B. and 12 other Legal Specialists are ready to help you
Expert:  Dwayne B. replied 9 months ago.
That website has a lot of good articles as well. It's designed for people who are representing themselves.
Expert:  Dwayne B. replied 9 months ago.
Thank you very much for the Positive Rating. Please come back and visit us if you have any new questions and feel free to ask for me by placing “FOR DWAYNE B” in the subject line or as the first words of your question and I will pick up as soon as I see it.
Customer: replied 9 months ago.

FOR DWAYNE B


 


I have received an extension from the court until Oct 30 to answer the complaint. I found where was replied back to HSBC in August 2011 to reduce our balance by $832.18 (50%). We sent the form (I have a copy filled out) and a check for the amount of $832.18 by the cut off date (i have a copy of the check we sent as well). the check was never cashed according to our statement. My wife thinks she sent the envelope certified but can't locate the receipt.


 


i can't find the Indiana form i need to reply with on the site you mentioned, only if i was filing not if i am a defendant. pls help locate this and send me a link.


 


i assume i need to reply one by one point on the complaint. i will just say i do not owe the $1749.87 since HSCB offered to settle for less. Do i send them a copy of the evidence? do i need to file these copies to the court to be submitted into evidence (like marked exhibits?)


 


my wife also has noted on the copy that states she called HSBC two times to check on our payment, first said still being reviewed and the 2nd one said never received the check.


 


no communication after that can be found.

Expert:  Dwayne B. replied 9 months ago.
I looked through those forms and did not see an Original Answer form on the websites. I also found a mention on another website stating that they thought it was deficient that the forms website didn't contain the simplest form there is and so my assumption is Indiana just didn't put one on there.

The solution is to go to the clerk of courts office and get a copy of an answer that was filed in another case by the attorney and use that as a guide.

You definitely want to answer them point by point, just to be safe and list out that you are asserting the defense of accord and satisfaction.

Don't attach anything just yet, save that for your actual motions.
Customer: replied 9 months ago.

Hi Dwayne, when go to the clerk's office they will give me an answer for another case? do i ask for a suit like mine for a non payment of a debit or credit card company or just any answer?


 


maybe they will have the form or a link that works


 


 

Expert:  Dwayne B. replied 9 months ago.
You can ask for one like your case but the clerk may not know of them and if that is what happens then you just need to go down through the list of cases and look for one where a bank or a credit card has sued someone. Get a copy of the petition and the answer and you may even want to invest in a copy of the complete file so you can see what each side files and know what to expect.

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