I am being sued by Cavalry SPV I, LLC who has hired attorneys Nelson and Kennard. They provided a few billing statements from 2017 and 2018 stating I owe $5,279.88 and I've tried to settle for $3000. But Nelson & Kennard states the plaintiffs are only accepting $4,225 which is too high and for me to pay the $3000 I'd have to make monthly payments. I am single and barely starting my nursing career and at this point I'm just tired of dragging this along but they refuse to settle with me even though I've explained my financial hardships to them. They are hard balling me and I feel backed up into a corner. They have yet to request for a court date for hearing and this case has been open for a while. The last time I spoke to the law firm (about 2.5 weeks ago) the lady stated I needed to come up with a better offer soon because they would no longer accept offers after a while. And that when I do get an offer I have to be willing to pay it within the same month. That's insane! I have never been sued before and I'm in this situation partly thanks to my uncle whom I allowed to use my credit card years ago and he was making payments up until I canceled the card to have in my possession, he then stopped making payments and I took over until I couldn't anymore. I was 20 years old and thought he was helping my build my credit haha. He refuses to help pay this account off saying he's behind on mortgage and other excuses. I just need some advice on how to pursue getting this over with. Here are a few key dates of documents
When did you open this account? December 23. 2013 according to their documents they mailed me.
When was this account charged off? September 14, 2018. Although according to all three credit bureaus, this account had been closed since November 10, 2017. But I was still making payments until July 2018 here and there so maybe I can't use the dates as a defense.
How much are you being sued for? $5,279.88
When did the plaintiff purchase this account? January 4, 2022 according to the bill of sale agreement which doesn't have my account # nor anything linked to me. And the dates are off on this document but I don't really know what it all means.
When did the plaintiff file for summons? Cavalry e-filed on May 31,2022.
When and how were you served? March 24, 2023 in person. Apparently they have been trying to serve me for months but I didn't move into my new place until October 14, 2022 but they first attempted to serve me June 8, 2022 which I still resided at the old address they have listed on the summons. so idk but who they hired was doing a poor job of "finding" me. And one of the attempted serve stated my neighbor said I was evicted which was not true and why were they speaking to my neighbors.
What is the SOL according to account activity? Last payment was July 12, 2018 which would make my SOL expired in July 12, 2022. But they E-filed in May 31, 2022 so they were 3 years and 10 months early.
What was your correspondence (if any) with the people suing you before you think you were being sued? I responded really late on May 18, 2023. Mainly because I was in talks with the law firm trying to settle but the last call the lady told me they were already sending a request for default judgement so I gathered up the nerve to file my answer before they could garnish my wages. A day later May 19, 2023 their default judgement was processed and denied. I responded using generic statements I seen on youtube and I answered Other stating I lack sufficient information on the account and that I do not have an original copy of application and contract of credit. And I know I was over my head but I also asked to stop pursuit of collection due to statue of limitations although they were 2 months early.
What documents have been sent to you as proof? I've only received a packet for "preliminary actions" which include monthly account statements from 2018 (Exhibit A) along with First cause of action (Account stated) and Second cause of action (Money Lent). A verification letter of the attorney on the case which I've never spoken to. And an ADR packet which was going to be my next step to file motion to compel arbitration except I do not have my original contract and don't know what the arbitration clause states. Later on received a CIV-105 request for entry of default which was denied because I filed my answer just in time.
What documents have you sent to the law firm? I sent Nelson & Kennard a copy of my answer back in March. I mailed a settled offer letter which they never responed by mail, I had to call to find out it was rejected. And I recently mailed a generic letter found on the internet asking for "proof of contract". I sent it certified mail and its been received on July 5, 2023.