I received summons, Please help!

[ladybug]

Greetings!

I"m a newbie with a lot of questions. I am not sure how or where to begin. So, I'll start here and maybe someone can direct me to the right forum.

My most pressing problem is Summons served at my Brother's home (California) from Cavalry Portfolio Services (assignee of Citibank). It's for a credit card that I co-signed with my ex, I haven't used the card in over 20 years. Then this shows up. Any advise on what to do?

Thanks in advance for any help you can throw my way.

[jlynn]

You never took your name off the card?

[ladybug]

No, I didn't use the card , so I forgot about. My ex lives in Utah and we don't keep in touch much, so I am not sure what was charged, but I was able to find out that the LAST payment my ex made was over 4 years ago, which meets both the Utah and Calif. SOL requirement.



Since Cavalry is suing on Citibanks behalf, can I still ask for debt validation(do validation rules apply to the original creditors)? Also, I am confused as to whether it is too late, since they fled a complaint.

When they (Cavalry) called me a year ago, I didn't know what they were talking abput since I have another Citibank Card and was current. They never sent me anything in writing and then this summons shows up at an address I haven't lived at for 20 years.

In my answer can I use the SOL defense? Also, I am in the process of moving-what address do I use?

Anyone out there have a sample answer for California?

Thanks so much for any help you all can give me!

[centex]

You have been sued...common notions about DV letters are out the window. Different sandbox, different rules. You MUST prepare the Defendant's Original Answer to be filed in a timely manner with the Court or you WILL find yourself on the wrong end of a default judgment.

You really need to be specific in your answer, and quite frankly, I would address the issue of the divorce, to include the Cause Number and Court in which the Decree was finalized.

In your Answer, you need to include whatever current address needs to be used and also ensure that a corresponding correction to records is made in the Clerk's office.

If you neither live in the jurisdiction where the case is pending nor will you be there after the move, you can attempt to have the Court grant a change of venue. However, if you presently reside IN the court's jurisdiction but just at a different address and are moving AWAY from the area, do not expect favorable relief on the Venue request...the Court's rationale will be that you made a CHOICE to move AFTER litigation commenced and that you will not be permitted to benefit from that CHOICE.

[ladybug]

Thank you for you reply!
I should have been more specific. My ex and I were never married, so I don't have a divorce decree. The card was opened over 20 year ago. I don't even remembered who opened it. I haven't recieved a statement for 15+ years.

I don't know what the charges are-as I was never sent any info. I do know that the last payment made was over 4 years ago, which puts it within the SOL in California. Can I anwer with the SOL as a defense? Also, Can I ask for copies of the charges?

If the SOL defense dosen't fly, what other, if any defenses can I use? As, I mentioned, this card is over 20 years old. I don't even know if I'm the co-signer, or if I opened this card.

Do anyone know if Calvalry Portfolio Services is a 3rd party creditor who purchased the debt or is it a law firm representing Citibank, who still own the debt?

Thanks for any help!

Thank you for all your help in this matter!

[cracrap]

sol is 4 yrs in cali...

[ladybug]

So...can I respond using SOL?

Anyone out there ever dealt with Cavarly Portfollio Services?

Also, I read somewhere that in some states, even if you deny that the debt is your, it restarts the SOL. Any one know if this is true?

[centex]

Quote:

Originally Posted by ladybug So...can I respond using SOL?

expiry of limitations is an affirmative defense that must be asserted by a defendant. In only a few jurisdictions is it an ABSOLUTE defense, so you do not want to EVER rely solely upon SOL as a defense. Your Original Answer still also needs to place a material fact issue before the Court or you will find yourself the subject of an MSJ.

Quote:

Anyone out there ever dealt with Cavarly Portfollio Services?

Dealt with? Yes. Sued by? No. They were gone in the span of, I believe, twelve days because I had to deal with an East Coast office as well as an Arizona office. I believe I ate lobster at their expense. Actually, I would have had the lobster anyhow, but they may have encouraged me to get the bottle of wine instead of just a few glasses...

Quote:

Also, I read somewhere that in some states, even if you deny that the debt is your, it restarts the SOL. Any one know if this is true?

Denial of a claim has nothing to do with SOL. Payment on an account CAN restart the litigation clock in some jurisdictions, as can any other agreement between the parties. You need to know the laws for your State...

[ladybug]

Boy, I need a few glasses of wine right now...

Besides using SOL as a defense, what else can I use as a defense on my answer?
Deny their claims as not true?

What else is there, could someone point me to a sample answer?
Thanks again!

[hannah]

Post the text of the complaint redacting all personal information and we'll see if we can help.

[ladybug]

In Cali, Civil Rule of Procedure requires that the summons is delivered to one's residence or place of employment. In my case, it was delivered to my Brother's house (accepted by his wife, who told the server I did not live there, but the server said since she knew me, she had to sign). I used to live there 15 years ago. My copy of the summons not include the time, date or who served it, just a checked box saying that I've been served. Is this a defense (lack of proper service)?

The basis of the complaint is,
1) Plaintiff will ask court to amend when they find out who the Does 1-10 are. (I think they are meaning my ex-boyfriend, as I stated in my eairlier posts, we split up over 20 years ago, I can't remember this account. I'm not sure if I'm a co-signer or the primary. Also, I have other citi
bank cards which I've had for 20 years, I'm current-never been late. Would you think Citi would notifiy me on this deliquent account?)
2) Defents were agents, servant or employees, and acting within the scope of....
3) before commencement of action, defendants were notified in writing that it intended to file...(I never received anything from them or Citibank).
4) On Jan 7, 2007, defendants were indebted to 2,400.00 in writing....was billed monthly staements...and failed to dispute as required under the Federal Fair Billing Act...
5) All rights and interests were assigned to Calvary...
6) Plaintiff made demand to defendants but no part was paid.
7) payoff amountis 2,400.00 plus interest.
In California, when I deny/lack of knowledge, do I need to state why? Give a specific reason?

Thanks for any help!!!