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Hi, Patenaude & Felix fist reached out in April and I requested the letter of validation witch they replied to on 4/21. I was under the impression that they will reach out to me for a settlement. INSTEAD, fast forward to 9/20 and I get legal advertisement from lawyer who found my case being filed in court on 8/11. Since I never got served I reached out to Patenaude and they want to settle initial $2900 for $2400. That seems slightly high to me. Should I hire a lawyer and hope that they will settle for less + lawyer fees = less than $2400 or should I proceed with going through court? I would like to know what would be the optimal solution. I don’t mind going the pro se route in hopes that I would pay less in settlement. (My work permit has been delayed so I don’t have means of income or getting a job ) Thanks so much for your help!!
Here is my questionnaire info. 1.. Who is the named plaintiff in the suit? Cavalry SPV I 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) 3. How much are you being sued for? 4. Who is the original creditor? (if not the Plaintiff) Citibank, N.A 5. How do you know you are being sued? (You were served, right?) Served summons 6. How were you served? (Mail, In person, Notice on door) In person, via process server at home 7. Was the service legal as required by your state? Yes 8. What was your correspondence (if any) with the people suing you before you think you were being sued? None 9. What state and county do you live in? Arkansas, Pulaski County 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 2013 11. What is the SOL on the debt? To find out: Not positive but I think 3 years 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). Waiting for Plaintiff to respond to my discovery requests. Complaint filed early May 2015 I was served late May 2015 Answer filed early June 2015 (within the 30 days)(served with Plaintiff and filed with court) Received Plaintiff's RFA, interrogatories, and request for documents mid June; replied three weeks later (responses served with Plaintiff and filed with court) Served my RFA, interrogatories. and request for documents late July; response time will expire this week - no responses yet (served with Plaintiff; RFA filed with court) Served an amended Answer early in August (served with Plaintiff and filed with court) Served a Motion to Strike Affidavit/Exhibits early in August; the 10 day time period for Plaintiff to respond has expired (served with Plaintiff and filed with court) Court has not yet set any hearings or trial date. No action on my motions yet. 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) OC never listed debt with CRA; plaintiff did. Disputed. 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; they never sent me anything prior to filing the lawsuit 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? My answer, amended answer, and responses to RFA/discovery have all been filed timely 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Affidavit of Claim notarized March 2017, Assignment/Bill of Sale dated September 2016, an account statement dated April 2014, and terms and conditions dated May 2016 I really appreciate any guidance on how to proceed. Since the time has expired for the Plaintiff to respond to my Motion to Strike, should I expect the court to rule on this within in 30 days? Also, should I file a Motion to Admit my RFA if I don't receive a response within the 30 days allowed by Arkansas Rules of Civil Procedure? The response to my other discover is due the same date as the response to my RFA. If I understand it, I need to show good faith effort to resolve the discovery request prior to filing a Motion to Compel; should I send a separate letter after 30 days, asking for a response, and then file a Motion to Compel after a few weeks? I am expecting no Plaintiff response to my discovery requests. If it is helpful, I can post heavily redacted versions of my various pleadings and motions.