Quote:
Originally Posted by 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
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First of all I am no pro but I can offer possible suggestions. Hopefully those that have vast knowledge will step in too. You are cutting it close.
I do not know TN rules of civil procedure so I wonder about the clerk telling you it wasn't necessary to file an answer, anyway you didn't so on you go. If it is brought up in court why you didn't tell the judge what the clerk told you.
Let the judge know that you accepted an offer of settlement but that they refused to put it in writing. Asking that the amount be in full and not resold is not asking too much and they shouldn't have a problem with that...I think they are being too sneaky. As far as giving them proof of income, no way. They have no right to this information...as of yet IMHO.
I go 2 ways with the affidavits. On one hand I say to challenge them. You do not know who the person is that signed it, just because they sign it and say what they are doesn't necessarily make it real. On the other hand since you have offered settlement I wonder if it would do any good to challenge them, I hope someone with more experience SPEAKS up here.
You can appeal if it goes against you. You REALLY do need to read the TN rules of civil procedure. You will have more knowledge of how things work and possibly have more settlement leverage with an appeal.
Good luck and btw...love moe howard.
