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  1. #1
    Join Date
    Dec 2019
    Location
    MO
    Posts
    4

    Default Cavalry Had Their Hired Gun File Lawsuit in County Have Never Lived in 120 Mi. Away

    My question involves collection proceedings in the State of: MO

    A little rusty on this type of thing, when first got sick went down some bumpy roads with collections, and now towards the end of my tenure on planet earth, got another, at the last minute so to speak. So Cavalry bought an alleged debt they claim I owed to Citi. The firm they are using sent their dunning notice to my correct address and of course DV'd them, I know the ins and outs of the process and that basically the main thing they can't do is continue to report while debt is being disputed etc. They never got back to me, the cert. mail tracking shows they got the DV request and well within the 30 days however the green sig. card was never returned and never even updated on the usps site, do have the receipt where purchased from the post office though. Anyway, months later get a call from my son, in another county where he lives 120 miles away. They started sending notices there and now thanks to being suspicious of their behavior and checking my states open court case website I see they just filed a lawsuit against me in a county have never lived in, never held an address in, and only occasionally visit when go to see my son. Have lived at my current address since 1994. Call me a little paranoid but seems a cheezy tactic possibly for the lawfirm to garner an easy default judgement. I do show up to court when these things have occurred in my life, I do have a history of suing jdb's successfully for the various blatent FDCPA violations most of them rack up on a daily basis, but this is a new one on me, of sorts. My son's address was never on file with any open account have ever had. Their correspondence very much looks like junk mail but since my name was on it that is what caused my son to be a little curious on why he was getting my mail.

    The atty who filed the case specializes in real estate law according to his bio. Point of interest, last year my mother signed over some property to me as she moved to a retirement community. My sole income is social security but kinda think now they figured I was sue worthy now that have some land with a house on it that they can put a lien on. Smells that way to me anyway.

    Should be some decent grounds for them to get a lawsuit wouldn't it?

    Thanks for any info!

  2. #2
    Join Date
    Mar 2013
    Posts
    17,272

    Default Re: Cavalry Had Their Hired Gun File Lawsuit in County Have Never Lived in 120 Mi. Aw

    Don't get ahead of yourself.

    You're being sued. You have to address that lawsuit, file an answer, seek a change of venue to the proper county, raise a defense if you have one.

    Your SS may be exempt but your property might not be. Is it your primary residence? If not, it could be subject to lien. Even if it is, the exemption is only $15,000 so if it's worth anything it could be subject to sale to pay the debt.

    If you have anything to sue for, you can do it in a countersuit.

  3. #3
    Join Date
    Dec 2019
    Location
    MO
    Posts
    4

    Default Re: Cavalry Had Their Hired Gun File Lawsuit in County Have Never Lived in 120 Mi. Aw

    Yes it is and the deed was signed over to me and my spouse at the same time which makes me think the whole tenancy by the entirety, if understand correctly, would fall in to place. Correct? Spouse has no names on any credit card debt, just me.

  4. #4
    Join Date
    Mar 2013
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    17,272

    Default Re: Cavalry Had Their Hired Gun File Lawsuit in County Have Never Lived in 120 Mi. Aw

    Quote Quoting 61vet
    View Post
    Yes it is and the deed was signed over to me and my spouse at the same time
    How does it read? Joint tenants with right of survivorship? Something else?

    How much are you being sued for?

    How much is the property worth? Any mortgage balance left?

  5. #5
    Join Date
    Dec 2019
    Location
    MO
    Posts
    4

    Default Re: Cavalry Had Their Hired Gun File Lawsuit in County Have Never Lived in 120 Mi. Aw

    Grantor is mother, grantees are husband and wife, us, and ends with '...will warrant and defend the title to the said premises unto the said grantees and unto their heirs and assigns forever, against the lawful claims and demands of all persons whosoever'. Nothing specifically stating tenancy by the entirety, right of survivorship, etc in the wording. Does it have to be?

    Little over $3k

    Not worth much, not quite 20 acres of nothing but steep ravines and brush with a late 60's model mobile home for the residence. No mortgage, free and clear.

  6. #6
    Join Date
    Oct 2006
    Posts
    15,726

    Default Re: Cavalry Had Their Hired Gun File Lawsuit in County Have Never Lived in 120 Mi. Aw

    Quote Quoting 61vet
    View Post
    Grantor is mother, grantees are husband and wife, us, and ends with '...will warrant and defend the title to the said premises unto the said grantees and unto their heirs and assigns forever, against the lawful claims and demands of all persons whosoever'. Nothing specifically stating tenancy by the entirety, right of survivorship, etc in the wording. Does it have to be?

    Little over $3k

    Not worth much, not quite 20 acres of nothing but steep ravines and brush with a late 60's model mobile home for the residence. No mortgage, free and clear.
    If its your primary residence it sounds like its well below the exemption amount and if its not your primary residence, I doubt that any creditor would want to touch such a white elephant.

  7. #7
    Join Date
    Dec 2019
    Location
    MO
    Posts
    4

    Default Re: Cavalry Had Their Hired Gun File Lawsuit in County Have Never Lived in 120 Mi. Aw

    I've read, reread, and reread again the MO tenancy by the entirety and and boy gotta say, seems pretty clear to me that they cannot touch the property with the debt only being in one spouses name and all 3 requirements for TBE being met. Looks like yeah they can put a lien on it, but can't enforce it unless we were to sell it but they can't forcibly take it or demand we sell it. And when I do die then I should think the right of sole survivorship kicks in, been down that road when my dad died and some tried to go after my mom over his "estate", well there wasn't an "estate" in which to go after, no probate, nothing. Everything was jointly owned by both my parents.

    Btw, how does it work when and if mortgages are involved? I'm here coz can't afford an atty, as I should think why a lot are here.

  8. #8
    Join Date
    Mar 2013
    Posts
    17,272

    Default Re: Cavalry Had Their Hired Gun File Lawsuit in County Have Never Lived in 120 Mi. Aw

    Quote Quoting 61vet
    View Post


    Btw, how does it work when and if mortgages are involved?
    A mortgage would only make it more difficult for a creditor because a mortgage would have to be paid off from the proceeds before the creditor got any money.

    Your home is safe anyway, so it doesn't matter.

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