1. Who is the named plaintiff in the suit?
Cavalry SPV I, LLC
2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.)
Schachter Portnoy, LLC
3. How much are you being sued for?
4. Who is the original creditor? (if not the Plaintiff)
5. How do you know you are being sued? (You were served, right?)
6. How were you served? (Mail, In person, Notice on door)
In person, on 11/29
7. Was the service legal as required by your state?
I was personally served, so I believe so. I am in New York.
Process Service Requirements by State - Summons Complaint
8. What was your correspondence (if any) with the people suing you before you think you were being sued?
Received a letter in the mail in September that Schachter Portnoy was retained by Cavalry. I did not respond.
9. What state and county do you live in?
New York. Nassau County.
10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations)
Sometime in 2016. I do not have records. Is there a way I can check this? I tried looking through my credit report, but it doesn't say.
11. When did you open the account (looking to establish what card agreement may be applicable)?
12. What is the SOL on the debt? To find out:
Statute of Limitations on Debts
6 years (New York)
6 years (S Dakota...where Citibank is incorporated)
13. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name).
I have been served. I looked it up on the court site by Index number and name and nothing came up.
14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?)
15. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request before being sued, it likely won't help create FDCPA violations, but could be useful to show the court that you dispute the debt ('account stated' vs. 'breach of contract').
16. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit?
20 days from 11/29
Plaintiff, by and through its attorney, Schachter Portnoy, LLC, complaining of the Defendant alleges:
1. That at all times hereinafter mentioned, Plaintiff, CAVALRY SPV I, LLC, is a limited liability company with a place of business in the Starte of New York.
2. Plaintiff, by purchase and assignment, acquired from Citibank, NA, original creditor all right, title, and interest in the defaulted account, account number ****************, of Defendant, ******.
AND FOR A FIRST CAUSE OF ACTION
3. Plaintiff, through assignment, is the lawful owner of a consumer credit agreement entered into by defendant.
4. Defendant did breach the aforesaid consumer agreement and Plaintiff seeks the sum of $3,000. Payment has been demanded by Plaintiff but has not been made.
AND FOR A SECOND CAUSE OF ACTION
5. Plaintiff seeks from Defendant the sum of $3,000, upon an account stated between them, did promise to pay Plaintiff said sum upon demand. Payment has been demanded by Plaintiff and has not been made.
WHEREFORE, Plaintiff demands Judgement against Defendat for the sum of $3,000, with costs and disbursements of this action and interest thereon.
Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits
17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits.