logo

Debtconsolidationcare.com - the USA consumer forum

Forums
  • Latest topic

Calvalry Portfolio Services

Date: Thu, 03/11/2010 - 08:49

Submitted by anonymous
on Thu, 03/11/2010 - 08:49

Posts: 202330 Credits: [Donate]

Total Replies: 4


I have been served civil papers against a debt which was last paid on in 2006. It was originally a Citibank credit card, but now I am being sued by Cavalry Portfolio Services. Of course the amount of the debt is nearly doubled to what I was left owing in 2006. I was in an accident and ended up permanently disabled drawing only social security disability. I don't have a home anymore due to the circumstances nor do I have a car or anything of any value left. When I was injured I first tried to keep paying on my cards, but the money ran out and I couldn't pay anymore. I had to go 3 1/2 years without insurance or any help before finally I was awarded my social security disability. When all this was happening, I told Citibank what was going on, but they wouldn't work with me. As a matter of fact, they kept increasing my interest rate and I never understood how they ever expected me to get it paid off. For instance in one month, my interest charged for that month was $6.01. Then a few months later, they had the interest being over $70.00. Then a couple months later, they have it at over $73.00, then a couple more months, they have it at over $79.00. Keep in mind, these are with "no" past due amounts. I called them and couldn't get any answer as to why this was happening and it was apparent it wasn't stopping. I finally had to tell them that I could not keep paying the bill as I was paying more than the minimum due, but was still getting these bizarre finance charges that kept climbing each month. This along with the fact that my money had run out and having to face years of waiting on the social security decision, left me no alternative but to quit paying. How do I answer this suit? Yes, originally there was an account, but nothing to the amount that they are wanting to collect, plus I paid as long as I could, even with the strange finance charges, but the money ran out and with now being permanently disabled, how can I ever take care of this?


1. On the suit there should be an "answer date". Go to whatever court the suit came from, go to the clerk's office, and ask how to "file an answer". That simply means that you got the suit and you plan to respond. They'll give you the form, which is very simple, and you can fill it out then and there; you don't actually write anything about your response on that form. On the form you check off "Pro Se" meaning you plan to defend yourself. Filing an "answer" serves notice to the suing party that you won't default, which makes them eager to negotiate since it's expensive for them to go to court.
2. Call the local Bar Association (411) and ask them where you can get free legal consultation. In my county there's Ask a Lawyer Night each week at various libraries; the lawyers volunteer their time.
3. Type up your answer as follows: First copy the information from the top of the first page down to the first item. Then type this on its own line (its own paragraph): "Defendant answers as follows:" Then go through each numbered item one by one and enter your answer. Be very brief until you get to the end, then add your own account as you've written it above.
4. THIS IS NOT FOR THE COURT. It is for you to show the attorney. Having it will drastically improve the attorney's ability to advise you. The advice should be to help you re-word your response so you look like you know what you are doing.
5. File your response with the court as advised by the attorney.
6. Wait until shortly before the trial date specified in the suit and then contact the creditor. (A week or less.) Depending on how much you owe, they will most likely be eager to negotiate. Also, if they don't send an attorney (expensive!) to present their case, they lose and you win by default.
Hopefully none of this is "legal counsel". You can only get that from an attorney.
DO NOT WAIT PASSIVELY OR IGNORE THE SUIT. That's what they're counting on. Respond and you'll be negotiating from a much stronger position.


lrhall41

Submitted by on Thu, 03/11/2010 - 09:08

( Posts: | Credits: )


I forgot to mention too, that on my credit report, Cavalry shows that as of August 2009 that it was a collection account in the amount of $5,582. However on their letterhead paper dated October 2009, that the amount due is $5,418.34. How can I owe less in October than they reported on my credit report in August? I sure didn't make any payments.
As for negotiations, I don't know what is going to happen. I don't even have enough money to pay rent or my medical bills. How can I offer any kind of negotiations? I don't even have anything left to sell as I had to sell off things to keep food on the table for the time I was waiting for the social security decision. Thanking you all again for the help!


lrhall41

Submitted by on Thu, 03/11/2010 - 09:55

( Posts: | Credits: )