Cavalry Portfolio . . . . . . dismissed!
Date: Tue, 05/25/2010 - 15:41
I had been faced with a summons and an affidavit from Cavalry Portfolio and a debt I didn't recognize. I didn't know anything about default judgments or what to do, but thanks to Skydivr and this forum - I finally got things in order.
Today was the court date and before I entered the court building, I was stopped outside by the plaintiff's attorney and he wanted to talk about the case. He was nice and polite as he introduced himself. I had been doing my homework for several weeks and had my file folder ready, which he noticed. He told me it was about a Citibank card and asked me if I had one and I told him that over the years, I had several. He then asked if I had looked at my credit report and I told him I had, at which time he asked if Citibank was on there. I then told him yes, it was on there one time - marked paid/never late and closed at my request. And I'm thinking . . . why is he asking me this . . . Cavalry had looked 8 times at my credit report when I checked in August and I'm sure they saw the same thing . . . :rolleyes:
I asked him if he had the cardmember agreement with him and he told me that he did not and remarked that he didn't blame me for wanting further documentation as all they had previously provided was an affidavit signed by an employee of Cavalry. I had already filed a motion to strike the affidavit, but the attorney never brought that up.
He did bring up the fact that the debt was still in SOL and quoted a date, which I didn't recognize either. So, basically I'm there with my file folder ready to go to court and he didn't have anything more than the affidavit that had accompanied the summons. He said that he was going to ask for dismissal of the case without prejudice at which time we went inside and he filled out the papers and handed them to the clerk and then gave me a copy of the dismissal. He said that this would give them time to get their information together if they chose to pursue this any further. Then he apologized for having me make the trip today and we shook hands. I never even saw the courtroom or the Judge . . . . but, I was ready!
Today was the court date and before I entered the court building, I was stopped outside by the plaintiff's attorney and he wanted to talk about the case. He was nice and polite as he introduced himself. I had been doing my homework for several weeks and had my file folder ready, which he noticed. He told me it was about a Citibank card and asked me if I had one and I told him that over the years, I had several. He then asked if I had looked at my credit report and I told him I had, at which time he asked if Citibank was on there. I then told him yes, it was on there one time - marked paid/never late and closed at my request. And I'm thinking . . . why is he asking me this . . . Cavalry had looked 8 times at my credit report when I checked in August and I'm sure they saw the same thing . . . :rolleyes:
I asked him if he had the cardmember agreement with him and he told me that he did not and remarked that he didn't blame me for wanting further documentation as all they had previously provided was an affidavit signed by an employee of Cavalry. I had already filed a motion to strike the affidavit, but the attorney never brought that up.
He did bring up the fact that the debt was still in SOL and quoted a date, which I didn't recognize either. So, basically I'm there with my file folder ready to go to court and he didn't have anything more than the affidavit that had accompanied the summons. He said that he was going to ask for dismissal of the case without prejudice at which time we went inside and he filled out the papers and handed them to the clerk and then gave me a copy of the dismissal. He said that this would give them time to get their information together if they chose to pursue this any further. Then he apologized for having me make the trip today and we shook hands. I never even saw the courtroom or the Judge . . . . but, I was ready!
That's indeed a great day for you, Angeldove and I am happy for
That's indeed a great day for you, Angeldove and I am happy for you. But keep checking the court site since another case may surface in due course if the lawyer successfully gathers enough papers. But, I would also say that the chances are slim.
