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Being Sued by Cavary-No reply from their lawyer
Pinkscarf80 posted a topic in ArbitrationHi and thanks in advance for reading- so 2 weeks ago I was served by cavalry’s attorney (Jenkins and Young in Texas) for an old Citibank debt. It was filed in district court. A few days ago I filed my answer and motion to compel arbitration. The debt is for about $1,900. I reached out to the attorney after filing to see if they would dismiss. I reached out through the “make an offer to settle” link on their website. Also, they received by email and mail copies of my court filings. It has been almost a week since I reached out and I have not heard a word. Do you think they will wait until there is a motions hearing to make contact? Thanks!
Getting sued by Cavarly SPV I in INDIANA
Miheegz posted a topic in Is There a Lawyer in the HouseWho is the named plaintiff in the suit? Cavarly SPV I, LLC, by counsel of LLYOD & MCDANIEL, PLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) LLYOD & MCDANIEL, PLC 3. How much are you being sued for? $2k , lawyer and court fees 4. Who is the original creditor? (if not the Plaintiff) Citibank 5. How do you know you are being sued? (You were served, right?) Sheriff came and tied a summons to my door. 6. How were you served? (Mail, In person, Notice on door) Notice of Summons delivered by sheriff on gate door. 7. Was the service legal as required by your state? 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? I do not recall any correspondence. They may have been calling my cell phone but I don't pick up numbers I dont know. 9. What state and county do you live in? St.Josephs County in Indiana 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) They say 02/2015. I do not believe I made any payments on it since 2013. 11. What is the SOL on the debt? Indiana looks like it has a 6 year SOL 6 yrs. §34-11-2-7 12. 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). Suit Filed October 13th 2016 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No 14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late. No 15. 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. 1. They own are the holder of an account due and owing by me and they are an assignee of Citibank. 2.I am indebted to them in the amount $2k 3. Venue is proper with this court based on defendant residing in St. Joseph county. 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. 1. Affidavit of debt from a designted agent of Cavarly SPV I, LL. It has the last 4 numbers of my account number the amount of $2k . Date of the opening of the account 2012 and last payment 02/2015 from a visa credit card of citibank 2. proof that I am not in active service Please help!!!! Should I call cavarly and try to negoiate down the amount? How much do you think they would do? Or should I just answer the complaint asking for more proof ? How would I go about that? Thanks so much! What are the consequences of filing an answer forcing them to prove their case? or filing a motion to dismiss on lack of standing? Will i end up paying a lot more? will it hurt my credit? Should I just call and try to negotiate? how should I approach the negotiations: starting offer? Like this