[heymoehoward]

Hi all,

I have been reading up here the last couple of months and need to know if I am proceeding in a generally correct direction.

I am being sued in General Sessions court in Tn for two separate credit card accounts (two sepqarate cases). I did not file an answer to either summons as the Sessions Court Clerk here in my town told me it wasn't necessary; that I just show up on court date and both sides present their cases along with any evidence they have. My court date for 2 cases is this Friday 6/13/2008. One case is for $2400 and the other for $8100. Both are credit cards debts that were originally with BofA. They were sold to Hilco Receiveables and then to Calvary Portfolio Services. Calvary filed suit on both accounts. They accepted a settlement offer on the first one for $600, but would not put anything in writing, so I haven't paid them a cent. I was asking for "Settlement in Full" and the balance of the debt not to be sold. They wouldn't put it in writing though. They stated through the lawfirm they are using that they will not talk about settlement on the second debt until I provide them with information proving my income. I am sure not going to send them anything like that.

I received, along with my summonses, affidavits signed by a supposed "Legal Adminstrator" with Calvary Portfolio Svcs. It states the general stuff that a JDB affidavit states, that the account is annexed, that the person who signed it is familiar with the business and accounting practices of CPS (not the OC's practices), etc, etc, etc. There is no detailed breakdown or spreadsheet of credits and debits or accrued interest. The Sessions Court Clerk said there was nothing else attached to the summonses besides the affidavits.

I intend to show up in court and attack their chain of custody on these debts. They do fall within the SOL in Tn as both were last paid on during 2005.

Is this the only or primary strategy for me to follow? Do I have any other tool to fight with? What are my chances of winning these cases using this defense? If judgements are entered against me, what kind of strategy should I use on appeal?

I'm sorry for all the questions and the late timing of this plea for advice. I hope someone can let me know if I'm going in the right direction. TIA !!!

heymoe