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1. Who is the named plaintiff in the suit? Calvary SPV I, LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) NY Law Firm 3. How much are you being sued for? Just under $2500 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?) Received Summons in the mail, was not served. 6. How were you served? (Mail, In person, Notice on door) Mail 7. Was the service legal as required by your state? I don’t think it was. I got a hold of the Affidavit of Service and it states that they made one attempt to serve me, at a time when it can be reasonably assumed i was at work (i was), and apparently they left it with a John Doe, a male Co-resident. my only co-resident is my girlfriend. they also describe the door/ wall/ floor and its totally off. they have either made a mistake and delivered it to the wrong house or never bothered to do it in the first place and just filled in nonsense on the affidavit. 8. What was your correspondence (if any) with the people suing you before you think you were being sued? no correspondence 9. What state and county do you live in? New York, Kings County 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Mid 2013 (i have a few months before i'm outside the SOL) 11. What is the SOL on the debt? 6 years (NY) 6 years (S Dakota, where Citibank is incorporated) 12. What is the status of your case? Suit served? Motions filed? Suit served 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? 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? I have a few more weeks to respond, based on the date the Affidavit of Service was filed. I'm planning on getting all my ducks in order and answering next week. they allege the following: Paintiff is JDB Plaintiff is the purchaser of account Defendant is Me On date, Plaintiff purchased debt that Defendant is obliged to pay Defendant and OC entered into agreement wherein he received credit Defendant agreed to pay said credit Defendant failed to make payments Payment has been demanded and remains unpaid Plaintiff has suffered damages for XX amount. Wherefore plaintiff asks judgment for xx amount with interest from the date of any judgment granted and all costs and disbursements of this action and any further relief the court deems proper. i have not received an interrogatory questionnaire. 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. 2 pages from Last Statement from OC ——————————————————————————— I was hoping to use the arbitration strategy to fight this suit but i’m starting to suspect that it might not be applicable in my case. any advice on how to move forward would be appreciated! so my concern is the “small claims” limit on arbitration in the Citibank credit card agreement: "Arbitration limits • Individual Claims filed in a small claims court are not subject to arbitration, as long as the matter stays in small claims court." My suit is filed in the Kings county CIVIL COURT, at first i was hoping that this was different from a small claims court but i think it might be the same thing. “The Civil Court of the City of New York has jurisdiction over civil cases involving amounts up to $25,000 and other civil matters referred to it by the Supreme Court. It includes a small claims part for informal dispositions of matters not exceeding $5,000 and a landlord and tenant/housing part for landlord-tenant matters of unlimited amounts and housing code violations.” Has anyone here from Brooklyn been able to successfully get an MTC arbitration? Does this mean that arbitration is a no-go? Any other ways for me to fight this? the only other chink in the JDB’s case i’m seeing is the fact that they haven’t served me properly. I’ve seen lots of cases with judgements being dismissed in appeals court for bad service/ lack of due diligence ect, but can this be used to get the case dismissed from the start? it seems like they can just ask the court to give them another chance to serve me properly. Is it a very terrible idea to let a default judgment be made and then appeal to have the judgment vacated for bad service? could they sue me again after that for the same debt if i’m successful in having it vacated, would the SOL still be tolled at the current date if they did that or is it possible that by then i would be outside the SOL? Also Kings County Civil Court is not yet open for e-filing, does this mean i need to hire a process server to serve the answer to Grossman & Karaszewski? or is filing with the Court Clerk enough? i've tried looking for legal counsel but people are hesitant to take me on because of the low amount of debt. it doesn't seem to make much sense financially for me, they are all advising me to settle if possible, so at the end of the day im either paying money to the JDB or the JDB + layer, it comes out to about the same if they can settle or more if they cant. thank you for your time!
I am a real estate Broker, and I have removed over 5000 items for my clients who are looking to purchase a house in NYC. I found this great forum, and I think this would help me to help more clients in my office. With that in mind, I am still not sure about timing of things. I have a mortgage to close, and I am awaiting for a Calvery collection (which was paid) to be deleted from CB so the score changes and enable me to close my deal. The Collection company told me that AUD (Automated Universal Dataform) was sent out on 7/11/13. I would like to know how long does it take for the creditors to update credit once they receive that AUD. Is AUD a paper they mail out or is it a electronic request which goes into Que and await for the company to update credit? I really need this to work in 10 days, so i can close her mortgage. Any other suggestion, maybe calling the CB and faxing a copy to them myself? Her credit for ex is 602 EQ is 610 and TU is 690. I am sure you can tell her TU is clean except one judgment. Thanks all.
I received a letter from Encore yesterday stating that I owe XXX but it just says payment to FIA Card Services, not to the bank I owe. The problem is, is I already made the minimum payment on my card via online bill pay because the card is linked with my checking account. Should I ignore the letter from Encore? Write them a letter?