Summons/Suit from Cavalry

[mlsmket7]

Received papers (my wife took them, but there was no signature given...which is odd).

Summons shows from an old (almost 2 years since last payment) Navy Federal Credit Union debt. They list in the Plaintiff's Original Complaint under Facts:

1. Navy FCU ("the Issuer" issued a credit card in Defendant's name. Defendant received and used the card and thereby became obligated to pay for the charges incurred.
2. Defendant defaulted on the obligation to make monthly payments on the credit card account and the account was canceled. The entire balance on the card account is presently due and payable in full. The defendant has not made a payment as required by Exhibit "A" since 3/10/2008.


OK...Exhibit "A" is an attached credit card agreement from Wells Fargo Bank on behalf of Shane Co. (some jeweler). I've NEVER had an account of any sort from Wells, nor have I every shopped at Shane Co. The attached 'Exhibit' is totally bogus.

Yes, I did have a debt from NFCU. Yes, I stopped paying, but in October of 2007, not March of 2008...

What should I do? It says I have 20 days to respond. I do have a lawyer working on my 341, I just don't want a judgement. Not to mention, this all seems fishy and total BS.

[catleg]

Is this a real lawsuit? What state and court does it say it's from.
Have you filed or are you planning to imminently file for BK?

That's about all for now.

Sounds like you have the makings of a defense in the bogus contract, if you need it.

[mlsmket7]

Is this a real lawsuit? What state and court does it say it's from.
Have you filed or are you planning to imminently file for BK?

That's about all for now.

Sounds like you have the makings of a defense in the bogus contract, if you need it.

It is real, in my local courthouse in Indiana. I am planning to file (had consult, paperwork, etc. just need to get my counseling cert.)

[mlsmket7]

Oh I am sure the person with the Shane account has your info. Does it have your name on it or any of your own personal info?

I would answer the complaint and deny any knowledge and make an ID theft claim since that what it must be...

Google ID theft court defense or id theft lawsuit defense and see what you get. At least you can get them slowed down or maybe even get a judge to throw it out. Also as part of discovery you can ask for copies of everything you want.

Yeah, the odd part is that Cavalry says they're representing on behalf of NFCU, but I thought the debt was charged off. The last payment date is wrong, and the supposed "evidence," is bogus.