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How to write effective DV letter for summon?

Date: Mon, 03/15/2010 - 09:10

Submitted by cutiebear112
on Mon, 03/15/2010 - 09:10

Posts: 14 Credits: [Donate]

Total Replies: 2


I have received summons and plan to send the DV letter. Not sure how. I looked at the sample in this website but i think it is not what i'm looking for since it contains some sentences that do not imply to me.

Besides that do i have to send the DV letter to the attorney that represent the CA or CA itself or both?? My account was originally with WAMU then transferred to Chase since i think WAMU is no longer exist then sold to Cavalry portfolio LLC.

What is the best thing to do to avoid court & do the settlement outside court?? Anyone has other samples of DV letter?? Thank you !


After you have received a summons, your priority needs to be answering the lawsuit. Sending the DV letter is really too late at this point.

What might help, however, is sending a letter to the attorney saying that if there is an arbitration clause in the cardmember agreement, you elect arbitration to resolve the dispute. Once either party has elected arbitration, litigation is barred.

And ask the lawyer to dismiss the lawsuit, since you have elected arbitration. If they don't dismiss, file a motion to dismiss with the court. There is an arbitration forum on creditinfocenter -dot -com with lots more information on this strategy.


lrhall41

Submitted by on Mon, 03/15/2010 - 13:36

( Posts: | Credits: )


Just one point to add, arbitration doesn't work in favour of the card holder quite often. Prepare yourself well before attending the arbitration.

If you are not sure about the debt, you may consider filing a 'motion for discovery' along with your reply. Check with the court clerk for assistance. You can also consider outside the court settlement if want to avoid the court. Check out the following resource.

"http://www.nedap.org/hotline/settle.html"


lrhall41

Submitted by SC on Mon, 03/15/2010 - 22:57

( Posts: 3937 | Credits: )