Court date with Cavalry Portfolio

[flustered]

I have a quick question I'm hoping someone can help me with. Cavalry bought an old Lowes debt my husband had paid down to $120. Balance was only $500. Cavalry says he owes $1200 now. They sent a "summons" (I think it was called) and he had 30 days to answer. I sent the DV letter certified. My husband took it to the magistrate clerk and told them we sent it. They made a copy and gave him a court date. Now the court date is Wed and we haven't heard from anybody about the DV. What should we expect in court? We are only arguing the amount of the debt.

[guiness56]

Once you get to court and they have not validated, you can ask for it in court.  I think when it happens in court it is called discovery.

I would take a copy of the DV you sent and the green card (did they sign for it) along for proof.

Also, how old is the debt?  Do you know the DoFD?

That is a big difference in amount if it was only CO'd a couple of years ago.

[flustered]

Ok. We do still have the green card. They signed but didn't date it.
The DoFD was 2009. Lowes has it on his credit report as well and they have it listed as $700. I'm assuming that's because of late fees, not sure. He called Lowes after he received the summons and they said they no longer have info on it because it's been sold. He was trying to get them to send a payment history. Thanks for responding so quickly.

[guiness56]

What state are you in?

[flustered]

Georgia.

[guiness56]

I was hoping you could claim expired SOL but GA is one of those states where it has been ruled as a written contract (6) instead of an open account (4).  Other judges may go by the 4 year SOL.

Whether or not fees and interest can be added depends on the original agreement and your state laws.  Ask that the collection agency break down how they arrived at a $1200 debt.

[flustered]

That was another really odd thing. We kept calling the number listed for Cavalry on the pink paper delivered to the door and it wasn't a good number. The only way to correspond was the cert letter we sent. So I'll get him to ask in court. Thanks for all the info! It's greatly appreciated. I've managed to clean up my reports and now I'm working on his. All my collections are paid and removed. TU removed BK early, the other CR BKs are due to come off in August. Eliminateidtheft has me at TU 617, EQ 581 and EX 577. And that's with one Nov late. This process is sloooowwwww.

[guiness56]

I would also let the judge know that you tried contacting them numerous times and the number they provided was not a working number.

If someone is going to sue you, you should be able to get in touch with them if you needed to.

[flustered]

That's a valid point.....