Kobayoshi Posted May 7, 2017 Report Share Posted May 7, 2017 I have received a letter from the law offices of Quall & Cardot, who are representing Cavalry SPV, LLC. Cavalry purchase my debt from Citibank, demanding payment in the amount $2,198.31. They are telling that unless I dispute the validity of the debt, or any potion thereof, within 30 days, which started April 12, 2017 the debt will be assumed valid by this office. Should I start by sending a debt validation letter? Quote Link to comment Share on other sites More sharing options...
fisthardcheese Posted May 7, 2017 Report Share Posted May 7, 2017 Your 30 days starts from the day you received the letter, not the arbitrary date they typed on it. Regardless, if this were me, I would send a short dispute letter that says "I dispute this debt in its entirety. Please verify." I would then get a copy of my Citibank card agreement and file an arbitration case with JAMS before they could sue me. Cavalry will not arbitrate for $2k because it would cost them over twice that amount just to get started in arb. Once you file the arbitration case, they can't sue in court without violating both the FDCPA and Rosenthal Act. Quote Link to comment Share on other sites More sharing options...
Kobayoshi Posted May 7, 2017 Author Report Share Posted May 7, 2017 Thank you for your help! I will get going on this. Quote Link to comment Share on other sites More sharing options...
fisthardcheese Posted May 8, 2017 Report Share Posted May 8, 2017 It is important to file in JAMS before they sue, because the Citi arbitration clause says small claims cases are not for arbitration. If Citi files a case in small claims, the judge is unlikely to order the case into arbitration because of this. However, if you already have a case in JAMS, then it renders their small claims exception moot. Quote Link to comment Share on other sites More sharing options...
Kobayoshi Posted May 9, 2017 Author Report Share Posted May 9, 2017 Question, if I respond I run the risk of acknowledging that they have my address correct and then they can then serve me. What are your thoughts on this? Quote Link to comment Share on other sites More sharing options...
fisthardcheese Posted May 9, 2017 Report Share Posted May 9, 2017 They'd have to sue you before they can serve you. File the JAMS case and they can't (legally) sue. Quote Link to comment Share on other sites More sharing options...
Kobayoshi Posted May 10, 2017 Author Report Share Posted May 10, 2017 Great, thanks! Quote Link to comment Share on other sites More sharing options...
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