So Merry Christmas and Happy New Year! The Cavalry papers (court process server) just visited today. I have 21 days to answer summons through my local court. Ironically I was feverishly saving the funds to contact them and get this PIF. I owe $1,400 on this. It was originally a Synchrony/Care Credit account. Sold to Cavalry.
My questions are:
1. I plan on going to the courthouse this week to respond to the summons. Do I contact Cavalry at all? I won't be in a position to pay the full $1,400 owed for 2-3 weeks from now.
2. If I PIF prior to an actual court date (yet TBD) will I avoid a judgement? Or not necessarily? Will this be "marked" on my CR in any way that Cavalry filed suit against me?
3. Just wondering too...this shows on my CR as a Synchrony $0 balance. Account charged off. It is also obviously showing on my CR as Cavalry $1,400 account. Seems like "double ding" on my CR when it's the same account. Is this common?
I'm sick over this because it is one of my last few baddies (actually my highest amount owed) and it has been on my personal radar. I was paying off the smaller ones first (which are 5 accounts--each $300 or less). Now I wish I would have paid this one first and the smaller ones later. As one would say, "water over the bridge now." So now I have to deal with what's in front of me today.
Thanks in advance for any insight here.
I'm nervous now....no one has any insight or prior experience/knowledge of situation?
Thanks Robert!
I'm going to the court this week and at least responding. I owe the $1,400 so no dispute there. In the court papers that Calvary attached the account statement, they are seeking $1,377. There is no mention of additional fees or amounts. Is that something that may not be in the paperwork but they can ask for from the court (I'm thinking such things as court filing fees, atty costs, etc.)?
I was thinking that what is in the paperwork was all they are seeking remedy for. To be honest I'm dumb here....have never been to court....have never been served papers before (first time for everything).....no prior legal matters in my personal or professional life 
I will contact Calvary this week as well. Does it make any difference if I do it before or after I respond to the court? I plan to do both early this week.
@javoned wrote:
I have been sued by Calvary. Definitely answer the summons. After you answer they will contact you to try to get a settlement AND try to get you to sign a Consent judgment. Don’t sign anything, and don’t agree that the debt is yours or that it is valid. Only agree to “settle the matter”. They sent me a letter saying if I pay $XXXX by above date that the matter is “settled”. However they never said anything about settling the lawsuit specifically, so I’m not sure at this point what will happen with that. It’s been a few months and I haven’t been served anything else so I don’t know. I feel at this point it probably isn’t worth it to spend more time and money in court for them.
I’ve also been sued by Portfolio Associates and never knew it. Apparently they tried to serve me over a year and a half ago. I found out while answering the Calvary summons. There was no other activity after the original summons. I called and offered to “settle the matter.” They also sent the Consent Judgement paperwork which I didn’t sign. I just paid what I agreed to pay.
I think you will be fine. It may be worth contacting a lawyer to find out more about the process. But from my experience, it seems that they want to avoid court as well. Unless it appears to be an easy win and they can get a default or consent judgement.
Thanks for your response! Even though you paid what you agreed to "settle" with Cavalry, did you get any paper or a formal discharge of court proceedings? You mentioned it's been a few months--I'm assuming the original court date has came and went?
Has either Cavalry or Portfolio shown on your CR with any mention of court proceedings filed and then dismissed or anything? Or just show up as regular collections on CR?
I've been working so hard to clean up this mess that I'm worried about the chance of this showing on my CR as they had to file suit.
@RobertEG wrote:If you reach an agreement to pay the debt with the plaintiff prior to the date of trial on the merits, the plaintiff is required to notify the court that the civil complaint is dismissed, as there is no longer any delinquent debt upon which to conduct a trial and reach a verdict.
If the debt is discharged and enough time remains prior to trial date, the dismissal should be obtained and processed by the court, and a dismissal notice issued, prior to trial date. However, if a last minute settlement is reached, there may be inadequate time for the normal processing. However, the plaintiff is required to notify the court when the case comes up that there is no longer basis for trial, and move for dismissal.
If in doubt as to whether a prior action has been formally dismissed, visit the office of the clerk of the court and review the case record.
There's no court date noted on the court paperwork I received. Just says Calvary as assignee, contact info, etc. And that I have 21 days to answer to summons. I thought a court date/time is supposed to be listed there?? Or is this assigned at some later date? If a court date is assigned at a later date (perhaps after I answer the summons which I'm doing this week) does that then give me the (hopefully) 2-3 weeks time that I desparately need to PIF the full $1,400. I wasn't intending to ask for settling for less because I'd like this to show on my CR as paid in full.
Do you know at all if there would perhaps be any notation on my CR that Cavalry had to file suit in order to collect? Or will it just show as it currently does as a regular collection acct?
Thanks so much...