sidthekid44

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About sidthekid44

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  1. Not much of anything has happened with my case since I last posted almost two years ago. I know it's frustrating when you're searching for examples here and threads were never updated. My case is still in pre RJI status per the county court website. I was sued 2 years and 7 months ago. The most recent filing was April 2019 and that was for a consent to change attorney. I have all my ducks in a row if/when they decide to make a move. I check the website every so often and would receive email notification if they file something new. Good luck everyone!
  2. This is great news! Congrats and thank you for all the helpful advice you have given me. Best of luck in the future!
  3. Good afternoon! I am just looking for opinions on emails I receive from Bank of America (see below). These emails hit my inbox about once a week. The account was charged off in September of 2013. I believe BofA is incorporated in North Carolina or Delaware so this should be past the SOL. The message themselves even reference the fact they will not sue due to the age of debt. Should I send something like C&D letter and see if they continue to contact me or am I just asking for trouble? It seems like at this point I can just have these emails sent to spam and be thankful I do not have
  4. I have a thread in the forum that @usctrojanalum has been giving me assistance with. I was served in April 2018 and last month I received virtually this exact same letter from Mandarich. My case is still open, and nothing new has yet been filed, but my assumption (based on usc's help) is Cavalry has retained new lawyers. I did send a DV letter, but have not heard back yet.
  5. Reading CPLR 321 I see the new attorney needs to file, with the clerk, a consent signed by the previous attorney and signed by Cavalry. That has not yet been filed per the court's website. I will request validation again from the new attorney, noting that I previously had and continue to elect arbitration. When they validate and file the appropriate consent for a change of attorney I will move forward with my motion.
  6. Thank you! If that's the case would they need to start a new case or just pick up where the other attorneys left off? I would guess start over because I can again request debt validation and the new firm does not have the previous communication between myself and the "current" firm...but I'm not sure.
  7. Hey guys I am back with an update and some more questions. My case is still showing on the court's website as Pre RJI as nothing has happened. I had intended to file a motion to compel arbitration in the summer...however, I had a family issue come up that took the majority of my attention. I did continue to check the court website for any updates just in case. I literally just started working on my motion a couple of days ago with the intentions of filing it in a couple weeks. Today I received a letter from Mandarich Law Group LLP in reference to this same debt. The letter states:
  8. I would definitely make your own post. Start by answering the same set of questions in the first post of this thread. People from Indiana will help you...especially with the rules/procedures for your state. My understanding of law/procedure isn't that advanced either. I have learned a lot from reading through different threads on this board. Do not just roll over and let them get a judgment against you. At the very least you can put yourself in a position to receive a better settlement. Good luck!
  9. There has been no movement by either party in my case and I have begun working on my MTC Arbitration. I am just trying to put together a quick checklist of what I have to do to accomplish this. 1) RJI ($95) 2) Notice of Motion I see that I need to pick a date/time for the motion to be heard and enter it on this form. I cannot locate online a schedule or typical dates motions are heard for Monroe County Supreme Court. Can I just call the clerk and ask for this information? My assumption is motions are typically heard only certain days/times. Is there any advantage/disadvant
  10. Today is day 21 and there is still no Affirmation/Affidavit of Service on file for my case. The three documents are 1) Summons/Complaint 2) Statement of Authorization for Electronic Filing 3) Answer (did I screw myself by answering before they filed the Affidavit of Service). Substituted service was completed to my father on May 11th...so the 12th through the 31st of May would be 20 full days. I have done some research, but I am still not sure what my options are. Motion to dismiss? Traverse hearing? A lot of the previous cases I have found deal with default judgments being va
  11. Minor update: I officially filed my Answer electronically with the court today. I think I will hold tight for a couple of weeks while I work on my MTC arbitration...then most likely file that and RJI (if needed) in the third/fourth week of June (unless the Plaintiff takes some action first). I have been tracking a few other cases similar to mine and have not noticed anything filed with the court for over a month after the defendant's answer. One odd thing I have noticed is there is still no Affirmation/Affidavit of Service filed in my case. It is typically filed 7-10 days after servi
  12. @fisthardcheese Thank you for your response. I was afraid that would be the case/your opinion. The complaint was efiled on 04/21/18, obviously after they verified. I cannot be sure what happened between 04/05/18 and 04/21/18. The lawyer's office uses a third party to upload their documents. I imagine there is some delay from filing and having documents uploaded. That probably still would give them an out to fight that claim if it gets that far in arbitration. My hope is we do not get to that point and agree to a mutual dismissal...but I'm getting way ahead of things. My last questi
  13. @fisthardcheeseI was wondering if I could get your opinion on a possible upcoming arbitration I may have with Cavalry. The quick background Cavalry bought my charged off debt from Citibank sometime in the summer of 2017. They sent me a letter and I sent a DV letter (asked them to only contact me via USPS) and they validated the debt. I did receive a few more calls from Cavalry, but I unfortunately did not document them. Fast forward to this Spring, I received a letter from an attorney representing Cavalry. I again sent the DV letter within 30 days (asking to only be contacted via US