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RNtoME

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RNtoME last won the day on December 12 2020

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  1. Without any documentation I cannot say for sure. My goal is deletion as fast as possible.
  2. Would an appropriate response at this point be to attempt a pay for deletion or to request arbitration without knowing what the account arbitration details were?
  3. I found the entry on my credit report. No communication via mail until I mailed them the DV letter to the address on the entry on my credit report. No communication via mail from them or their attorney since their one page response that they didn't accept my dispute and that in was in the hands of their attorney.
  4. Early/Mid May 2021 sent a DV letter to Cavalry re: collection account. Letter requested statements and account agreement. About one week after green card was returned signed to me, received a letter via usps non-certified mail (basic us postage) stating that Cavalry didn't "accept" my reasons for disputing the debt (it was a DV letter!) and that the account in question was in the hands of their attorney. Am I correct that neither of their responses are an appropriate (legal) response to my DV letter? Are they not legally bound to provide me a statement of amount owed and a copy of the original account agreement per law? If I am correct, is their refusal to provide debt verification/validation in and of itself a FCRA violation? Guidance is appreciated.
  5. Another Update! I received a letter in the mail from Cavalry - a “Stipulation of Dismissal...requesting a dismissal with prejudice and without costs to either party”. The letter also states Cavalry will request that the credit bureaus delete the trade lines associated with the Cavalry account. I had not yet filed for arbitration with AAA. Did I just win? 😮
  6. Update! Today I received the MTC signed by the District Court Judge! Cavalry has made no attempt to contact me since filing the answer and MTC. What are my next steps?
  7. Filed my answer and the MTC arb at the same time. Sent Cavalry’s atty a copy certified mail return receipt. What should I expect to happen next?
  8. I will move 3 and 4 to 1 and 2 and remove the current first two defense points. The pdf file I attached a few posts above this one has full copy of their filed claim and exhibits. If you wouldn’t mind taking a look and then giving feedback on whether o should address each item under each count I would appreciate it greatly. I will only have two chances to file my answer this week and I’d like to do it tomorrow. Also, should I be attaching a copy of the card agreement as an exhibit item or just reference it as plaintiff’s exhibit #____? Thanks again for all of your assistance!
  9. Feedback on what I've put together thus far? STATE OF MAINE DISTRICT COURT LOC. XXXX DOCKET NO. XXXXXXX CAVALRY SPV I, LLC, Plaintiff, V . <Me>, Defendant DEFENDANT’S ANSWER AND AFFIRMATIVE DEFENSE COMES NOW Defendant <Me>, pro se (hereinafter “Defendant”) file his answer and affirmative defense as follows: ANSWER Defendant lacks sufficient knowledge to confirm or deny the information within Count I and Count II and therefore denies the allegations. The complaint contains legal assertion that the Plaintiff, Cavalry SPV I, LLC, purchased Defendant’s Citibank credit account and contract and all of the associated rights thereunder, therefore Defendant demands arbitration according to alleged stated purchased contract. As to all remaining allegations of fact in the numbered or unnumbered parts of the complaint not specifically admitted, Defendant denies all such allegations. As to all remaining allegations which call for a legal conclusion, Defendant lacks sufficient knowledge or expertise to respond to such legal conclusions and, therefore, denies them. AFFIRMATIVE DEFENSES By and for his Affirmative Defenses, Defendant states: First Affirmative Defense 1. Plaintiff’s complaint is not properly verified and is not grounded in fact because it does not exhibit originating documents the debt is based upon. If verification is the alleged contract with Citibank, N.A. card agreement, Defendant employs alleged contract arbitration clause stating all claims are subject to arbitration and if arbitration is chosen by any party, neither party have the right to litigate this claim in court. Second Affirmative Defense 2. Plaintiff in filing this Complaint has not produced a signed copy of an executed agreement between Plaintiff and Defendant. If alleged contract between Plaintiff and Defendant is the Citibank, N.A. card agreement, Defendant employs alleged contract arbitration clause stating all claims are subject to arbitration and if arbitration is chosen by any party, neither party have the right to litigate this claim in court. Third Affirmative Defense 3. Defendant raises Lack of Subject Matter Jurisdiction – The underlying contract contains a private arbitration clause which the Defendant has elected to exercise. Therefore, Defendant argues neither party have the right to litigate this claim in court. Fourth Affirmative Defense 4. Defendant reserves the right to plead additional defenses or cross-claims or counterclaims that may be identified during the Defendant's investigation and/or course of discovery. WHEREFORE, Defendant prays that this Court grant Motion to Compel Arbitration as per arbitration clause cited in alleged agreement. Respectfully submitted this Xth day of November, 2020, <My Name> CERTIFICATE OF SERVICE On November Xth, 2020 I caused the foregoing instrument to be served by mailing a copy to all counsel of record in this case as indicated below: <Cavalry Atty info> By Certified U.S. Mail, Return Receipt Requested By U.S. Mail I recall reading that I should file an Affidavit along with the credit card agreement, but if the agreement was part of the Plaintiff's filing, is this necessary? Also, if I'm asserting the arbitration clause as part of my answer, should I file the MTC Arb simultaneously (with proposed order for MTC Arb)?
  10. Okay, I have read the entire Arbitration Overview and Strategy thread. I'm now asking for help formulating an Answer to file and the MTC Arbitration. My intent is to deny knowledge of/deny the allegations forcing Cavalry to provide proof of signed contract/ownership and avoid using the earlier mentioned law firm as finances are tight right now and I really cannot afford their retainer. The claim filed by Cavalry lists two "Counts" with several points numbered under each count ( see my earlier attached pdf - Count I, #s 1-9, Count II, #s 10-12). Anyone willing to provide a rough outline of how to respond to those counts while still mentioning arbitration as a defense and including the Affirmative Defense “Lack of Subject Matter Jurisdiction – The underlying contract contains a private arbitration clause which the Defendant has elected to exercise. Therefore, This Court does not have jurisdiction to hear this matter”. Again, this is my first experience with a lawsuit/court and am ashamed to admit I need a fair bit of hand-holding. Thank you in advance to anyone who takes the time to critique my rough draft.
  11. He has handed me off to one of his associates whom he says has more experience in litigating debt collectors. He also said that he did so to keep my costs down. I am supposed to hear something from the associate tomorrow. Anyone have information on how arbitration works?/Been through arbitration and care to share your experience?
  12. Yes, it was a credit card. It was filed in district (not small claims) court. The agreement is in the pdf file attached to my last post (above). It does have an arbitration clause. The lawyer I spoke with earlier just called back minutes ago and I inquired about going the arbitration route. He suggested I don't. He is advising I file an answer and seek discovery. I have never been involved in a lawsuit before this and truthfully am unsure which route to go. Edited to add: If I follow the lawyer's suggestion to move for discovery, am I prevented from filing the MTC arbitration after Cavalry provides discovery?
  13. Went to the court house to obtain a copy of the summons and complaint. The clerk was very stand-offish and kept insisting Cavalry needed to serve me. I ended up paying $30 for a copy of the claim. I've redacted some information for privacy. I've contacted a lawyer for a free consultation - he was very rude and said "well, do you owe them money or not". I said, well isn't that their burden to prove? He ended up saying this would be very costly to take to court and said I could send him the claim and he'd have an associate look it over. He implied I wasn't required to file an answer as I wasn't served by Cavalry despite receiving the "service by alternate means" letter from the district court. Any guidance would be appreciated. Other than the original letter (alternate means), this is everything I have. Doc_Nov_04,_2020,_12_13_(1).pdf
  14. Received an Order for Service by Alternate Means via US mail (not certified) stating Cavalry SPV I,LLC filed a claim in District Court in the county in which I live in Maine. I have no copy of a complaint, only this letter that arrived in a envelope from the District Court. The name, phone number and address of their attorney (in Maine) is listed. The letter states I have 21 days to respond, but I'm not sure how to proceed without seeing the complaint. Advice on how to proceed?
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