Calvary Portfolio Services, LLC

Calvary Portfolio Services, LC

Question: Hello, i am new to this site and i have reviewed some of the questions & answers. I like the responses to some of the more complexed questions, so here is my question: Recently i received a summons to go to court from a company named Calvary Portfolio Services, LLC. The attorney's name is Anne Thomas affiliated with Thomas Law Offices, PLLC. On this summons, the return address is really the address of Cavalry Portfolio Services, LLC but it is being listed as the address of Thomas Law Offices, PLLC! Portions of the address is omitted and my guess is that the name of Calvary Portfolio Services, LLC is not shown for a reason. Anyway, not only the concern about the return address, they filed an outdated legal document, the wrong address for the court, the wrong name as the court clerk and i thought that they could not file anything with the courts until all of the return service (green cards) were received back from the respondents (debtor). Secondly, i found out that my 14-year-old son signed for the certified letter they sent to me regarding this summons. I thought that in order for this service to be effected, the signer would have to be 18 years or older. This summons lacks the CIS# that goes along with the packet, so much is missing from this document. It has the revised date of 09/2002 but looking online the revised date of the official new documents is 2008. I really think that this is a bogus case but i am not sure,I thought about using this as a defense along with the fact that the debt they are coming after me is well over 18 years old and was under a Bankruptcy that was filed and discharged under a Chapter 7 in the 1990's! I know that i typed a lot but i tried to sum things up all in one questionairre. Also, i found out that this company has been doing this to others as well. Can they purchase an old, old debt like this one and get away with it, wasting my time and the court's time?

Answer: They are not wasting your time nor the court's time if you don't respond to the summons and complaint in a proper manner because they will get a judgment and then you will have lost your opportunity to plead the defenses you have available to you.

How do you know that they have the wrong address for the court and the wrong name as the court clerk? Maybe they filed in the wrong court? The correct court would be the court system in your county. Maybe they filed in a different county or state? I would strongly suggest that you check with the clerk of the court in both courts and see whether a case has been filed against you in either one. If so you will have to respond to the summons no matter what court it has been filed in. If they filed in the wrong court you will have to inform the court that they don't have jurisdiction and state what state and county you live in. You may have to prove where you live with copies of utility bills or your driver's license or something official.

When you get it into the proper court you can then start to defend and of course the best defense is a strong offense. I would also recommend that you speak to the judge or referee of the bankruptcy court where you filed bankruptcy to see if that court can be of some help to you. I know little or nothing about bankruptcy but it seems to me that I have read somewhere that attempting to collect a debt discharged in bankruptcy constitutes a contempt of court. Don't bother going to the attorney who filed your case because he probably won't want to do anything unless you pay him again.

This appears to me to be a case that is ripe for a federal case against the debt collector and the attorney who filed it for a multitude of violations. Why not file a federal case against them and make them pay you for your time and trouble to defend. This case ought to be worth several thousand dollars in your pocket. Don't be frightened about filing a federal case. It simply isn't hard to do and it certainly don't need a lawyer to do it for you. Learn how to do it yourself.

Bill Bauer
405-684-9297
405-227-9423

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