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Found 1 result

  1. 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? Roosen, Varchetti & Oliver, PLLC 3. How much are you being sued for? $2,400 4. Who is the original creditor? Citibank, N.A. 5. How do you know you are being sued? Served papers 6. How were you served? In person 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? They contacted me by phone several times, i would just tell them i was unable to talk at the time. I believe I received mail from them also. 9. What state and county do you live in? Bay County, Michigan 10. When is the last time you paid on this account?early 2014 i believe. I tried to find OC on my credit report but it is no longer there. Though while looking i noticed that Cavalry reported tat my balance went down 100 bucks last month... strange 11. What is the SOL on the debt? 6 years 12. What is the status of your case? Suit served? Motions filed? Summons and Complaint served, need to file response this week. 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? Did you receive an interrogatory (questionnaire) regarding the lawsuit? only have a few days left 16. What evidence did they send with the summons? A very vague bill of sale from Citibank to Cavalry , no acct specified, an Asset Schedule that shows three bulk lots with their sale id and cut off date of 9/20/16., and then the final statement from CITI showing the full balance due which is same amount they are after. There is not an affidavit attached. 1) Defendant entered into a contract with plaintiff or plaintiffs assignor, the acct #xxxx and pursuant to MCR2.113(F)(1)(b)Plaintiffs claim is based on on a written instrument which is not attached as it is in the possession of the adverse party 2) defendant defaulted under the terms and conditions of the contract 3) Plaintiff and/or its assignor completed the performance under the terms and conditions of the contract 4)That Statements were sent to the defendant detailing the amount owed on the account and defendant has failed to object to said statements. 5) The acct has been stated and/or is open between the parties 6) As a result of defendants default plaintiff claims breach of contract, open account,account stated, and/or unjust enrichment 7)The current claim amount due and owing by defendant to plaintiff is $2,4xx plus interest, cost and attorney fees. I have done a ton of reading on here, the Michigan cases in particular. I have a decent idea of my options moving forward. I am trying to decide which way should proceed. Im really leaning toward arbitration and filing MTC in Lieu of answer , but havent been able to find the cardmember agreement from when the account was still active. Im still having trouble with filing an answer if i proceed that way.