My question involves collection proceedings in the State of: UTAH
I received a complaint for an old debt. I answered the complaint in the right amount of time saying I
could not affirm nor disagree with the complaint because I did not have enough information and
validation for the claim would need to be made. The debt collection agency is Cavalry Investments, LLC.
Unfortunately, I can't really afford a lawyer or I obviously wouldn't be in this situation. Ultimately, once
they can validate the debt and it can be proven to be under the SOL I hope to settle for less than owed
but the amount they claim owed is so inflated and has been sold multiple times.
The Plaintiff replied with:
"Comes now Plaintiff, through counsel... to make the following Supplemental Disclosures pursuant to
Rule 26, Ut. R Vi. Proc..
1. See Documents attached, which include, if marked, but are not limited to:
(checked) One or more monthly billing statements will be sent when received.
(checked) Credit card agreement.
2. Individuals likely to have discoverable information supporting their claim: Plaintiff has a number of
different agents who can testify. The names will not be known until shortly before the trial.
3. Each witness will rely on the documents attached including any documents added by way of
supplement. Defendant may also be called to testify.
Then he attached a copy of the Terms from Bank of America, but it's pretty generic and that little piece
of paper they include when you first get the account (cardholder agreement). I could've easily googled
and found that myself. In my opinion doesn't really show any validation because it's not the application
or anything I've ever signed or digitally signed. There also was no monthly statement attached like
checked, so I don't even know when the last time something was charged or a payment was last made.
It's close to the SOL but honestly, I'm assuming short or they wouldn't be suing.
So does anyone know my next move?
Thanks everyone! I really appreciate all of your help.
From the LawyerCentral forum archive. Originally posted 26 February 2013 on a legal forum that has closed. Names and contact details were removed. See the original (Internet Archive).
I was able to figure out the next step. Mostly its just the terminology that threw me off. If anyone in the future comes accross this, after answering, you are now going to the discovery phase.
Google "conducting discovery debt" or similar and you will find some helpful tidbits.
Of course, first, I am going to recommend that you hire a lawyer. You can contact the State bar to get free or reduced cost representation, every state has it available if you really cannot afford a lawyer. But, just in case there is some reason you cannot get one. You are in the discovery phase, and it sounds like their verification is lacking. You should send interrogatories asking who has personal knowledge of your debt, who is answering the interrogatories and questions about how they came to hold the debt. How are they claiming ownership of the debt, and if it was sold to them, by whom, by what instrument, how much it cost, etc, etc. You will also want them to produce documents such as the assignment, or whatever instrument was used to transfer the debt, The original contract, and any other documents involving this debt. I'm not licensed in your state, so take what I say with a grain of salt, this is just for general guidance. The best thing to do is to try to find representation.
Best of luck!
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