gametheory

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About gametheory

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  1. gametheory

    Arbitration Overview and Strategy (2018 - Most Up To Date Info)

    Can someone please direct me where to find court rules for District Court of the county of Nassau, 1st District, Civil Part in NY? I can't find it anywhere. I only have a few days left to file my answer. Do I need to go to court in person to file the MTC? Do I print out an MTC like the sample above and bring it with me along with my answer, affidavit, and card agreement? Do I send the JDB's lawyer anything in addition to the JAMS demand?
  2. gametheory

    Sued by Cavalry SPV I, LLC

    I was already served. Wouldn't that take discovery off the table now? I am being sued in district court. Do I file the MTC in court in person?
  3. gametheory

    Sued by Cavalry SPV I, LLC

    What do I write in the letter? Who do I send this letter to? I'm trying to find more information on this. Do I actually need to go to court to file an MTC?
  4. gametheory

    Sued by Cavalry SPV I, LLC

    Thank you. So I plan on filing an MTC. Do I need my cardmember agreement on hand for proof of arbitration clause? I can't find it anywhere online as it is an old product that is no longer offered.
  5. gametheory

    Sued by Cavalry SPV I, LLC

    I don't know anything about law. I've never been sued nor have I ever sued anyone. Does my answer look OK? Can I e-file my answer? It says that I need to file a copy of my answer together with proof of service with the clerk within 10 days of the service answer. How do I do this? Thanks for any help!
  6. gametheory

    Sued by Cavalry SPV I, LLC

    I copied this from user SIDTHEKIDD. Hope that's OK. My intended answer: DEFENDANT'S ANSWER TO PLAINTIFF'S COMPLAINT ON ACCOUNT DEFENDANT, MY NAME, answering Pro Se, without waiving any affirmative defense, as and for an Answer to Plaintiff's Complaint, state the following upon information and belief: 1. Defendant denies any knowledge or information sufficient to form a belief as to any of the allegations set forth in Paragraph 1 of Plaintiff's Complaint. 2. Defendant denies any knowledge or information sufficient to form a belief as to any of the allegations set forth in Paragraph 2 of Plaintiff's Complaint. AND FOR A FIRST CAUSE OF ACTION 3. Defendant denies any knowledge or information sufficient to form a belief as to any of the allegations set forth in Paragraph 3 of Plaintiff's Complaint. 4. Defendant denies any knowledge or information sufficient to form a belief as to any of the allegations set forth in Paragraph 4 of Plaintiff's Complaint. AND FOR A SECOND CAUSE OF ACTION 5. Defendant denies the allegations set forth in Paragraph 5 of Plaintiff's Complaint and demands strict proof thereof. AFFIRMATIVE DEFENSES 1. Lack of subject matter jurisdiction. The underlying contract for the alleged debt contains a private arbitration clause and defendant has chosen arbitration as the forum for this dispute, therefore, this Court lacks subject matter jurisdiction. 2. Failure to state a claim upon which relief may be granted. 3. Defendant denies the amounts claimed by the Plaintiff. Defendant demands Plaintiff verifies a detailed accounting of all alleged purchases, charges, and credits to the alleged account. 4. Plaintiff is not an Assignee for the purported agreement and no evidence appears in the record to support any related assumptions. 5. Lack of standing. 6. Failure of consideration. 7. Plaintiff is barred under the Fair Debt Collection Practices Act, and other relevant federal and state statutes, from collecting any interest and any amount unless it is expressly authorized by the agreement creating the alleged debt or permitted by law. Plaintiff has failed to attach proper documentation to verify such interest is permitted. 8 Defendant reserves the right to amend this answer and to assert any affirmative defenses that become known or available. PRAYER FOR RELIEF WHEREFORE, the defendant's pray for relief from this honorable court as follows: A. That the Plaintiff takes nothing by way of this Complaint, B. To dismiss the Complaint with prejudice based upon the admissions, denials, and defenses alleged herein, C. To award the Defendants' costs, and D. To award the Defendant such other and further relief as this Court deems just and equitable Respectfully submitted _____________________ Dated: December XX, 2018
  7. 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? $3,000 4. Who is the original creditor? (if not the Plaintiff) Citibank 5. How do you know you are being sued? (You were served, right?) Served. 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)? August 2006 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?) No. 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'). No. 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. None.