Sued by Calvary Portfolio Services

[CrimsonMoon93]

One step forward 10 steps back! My mother who lives in a different state was delivered a letter for a civil suit brought against me by Calvary Portfolio Services who has my Amazon card collections account. I don't have the letter so I only know the info that she gave me. I have 20 days to respond, no court date. Anyone have any information or experience?

[Anonymous]

When your mom signed for the papers you were considered "served" informing you that a suit has been filed against you. If you fail to respond within 20 days they petition the court to get a default judgment against you. They're expecting that and that's exactly what theyre hoping you do. If you can come up with atleast 50-60% of the claim amount they'll settle. Avoid payment plans if you can because theyll want you to sign a consent judgment. Lump sum payment is your best option.

[RobertEG]

Do you accept the debt as legit, or do you plan to contest the legitimacy of the debt?

Stated differently, do you have a chance of prevailing at trial?

[ItsCASHual]

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@Anonymous wrote:

.... Avoid payment plans if you can because theyll want you to sign a consent judgment. Lump sum payment is your best option.

I was brought to court by Cavalry myself this year. I did a payment plan for 5 months and then it disappeared from my credit report altogether (I had asked ahead of time about PFD and they said oh hell no so I was surprised when I got the FICO alert that it was deleted). After the 5th payment, they sent the notice to the court that it was all paid and the court then sent me a copy. This was about 3 days after my final payment. It was very easy and no judgement came of it. I just had to sign an agreement to make the 5 payments and that was it.

The take away here is to answer the court summons within the 21 day period and to follow thru for best results.

Best of luck to you.

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[ItsCASHual]

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@ItsCASHual wrote:

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@Anonymous wrote:

.... Avoid payment plans if you can because theyll want you to sign a consent judgment. Lump sum payment is your best option.

Adding: I did NOT have to sign a consent judgement.

I was brought to court by Cavalry myself this year. I did a payment plan for 5 months and then it disappeared from my credit report altogether (I had asked ahead of time about PFD and they said oh hell no so I was surprised when I got the FICO alert that it was deleted). After the 5th payment, they sent the notice to the court that it was all paid and the court then sent me a copy. This was about 3 days after my final payment. It was very easy and no judgement came of it. I just had to sign an agreement to make the 5 payments and that was it.

The take away here is to answer the court summons within the 21 day period and to follow thru for best results.

Best of luck to you.

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[CrimsonMoon93]

Well, I was never handed the letter personally.  Because I was never handed the letter, how "at fault" am I?  Say they gave it to my mother, and my mother and I havent spoken in 3 years and she doesn't tell me.  Then what?

[Anonymous]

Your "at fault" would depend on the civil produre laws of your state regarding being properly served by a process server or certified mail if that applies. There's really no law on exactly what is considered your "domicile". The judge takes into account where your mail goes, where you're a registered voter, the address on your tax forms. Those types of things are used to determine where you legally reside. It's a hit or miss defense to use saying you were not properly served.

You should absolutely file a general denial within the 20 day period to avoid default judgment. Don't be part of the 95% that stuff their heads in the sand when being sued. You gotta pick up the phone and call the attorney office listed on the affidavit and talk settlement. I got sued twice in 7 months while working on my credit history. It can be stressful but keep your cool and be firm.

Speaking in regards on what rebuilding has said calvary does have a delete policy on resolved collection accounts, so you could settle this and have it removed from your reports.

[Anonymous]

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@ItsCASHual wrote:

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@ItsCASHual wrote:

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@Anonymous wrote:

.... Avoid payment plans if you can because theyll want you to sign a consent judgment. Lump sum payment is your best option.

Adding: I did NOT have to sign a consent judgement.

I was brought to court by Cavalry myself this year. I did a payment plan for 5 months and then it disappeared from my credit report altogether (I had asked ahead of time about PFD and they said oh hell no so I was surprised when I got the FICO alert that it was deleted). After the 5th payment, they sent the notice to the court that it was all paid and the court then sent me a copy. This was about 3 days after my final payment. It was very easy and no judgement came of it. I just had to sign an agreement to make the 5 payments and that was it.

The take away here is to answer the court summons within the 21 day period and to follow thru for best results.

Best of luck to you.

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I applaud you on not being part of the 95%, Good luck to you on rebuilding!