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Sued by Cavalry SPVI in Massachusetts


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1. Who is the named plaintiff in the suit? - Cavalry SPVI LLC as Assignee Citibank, NA

2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) - David S. Goldberg

3. How much are you being sued for? $3132.98 plus $100 court costs

4. Who is the original creditor? (if not the Plaintiff) Citibank, NA

5. How do you know you are being sued? (You were served, right?) Serverd

6. How were you served? (Mail, In person, Notice on door) Mail

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? Massachusetts, Bristol County

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 12/22/15

11. What is the SOL on the debt? To find out: 6 years

12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or B) looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). Trial scheduled 6/1/17

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? It does not say how long I have to respond to the suit, just that the trial is 6/1.

Claims:

For breach of credit card agreement account number xxxx-xxxx-xxxx-8492

The defendant owes $3132.98 plus costs and interest

Last payment date 12/22/15 $79.97

16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits.

There was no evidence or other paperwork only the Notice of Trial

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PLEASE READ THIS PROVISION OF THE AGREEMENT CAREFULLY. This section provides that disputes may be resolved by binding arbitration. Arbitration replaces the right to go to court, have a jury trial or initiate or participate in a class action. In arbitration, disputes are resolved by an arbitrator, not a judge or jury. Arbitration procedures are simpler and more limited than in court. This arbitration provision is governed by the Federal Arbitration Act (FAA), and shall be interpreted in the broadest way the law will allow. Covered claims                         • You or we may arbitrate any claim, dispute or controversy between you and us arising out of or related to your Account, a previous related Account or our relationship                                  (called “Claims”).
                       • If arbitration is chosen by any party, neither you nor we will have the right to litigate that Claim in court or have a jury trial on that Claim.

Except as stated below, all Claims are subject to arbitration, no matter what legal theory they’re based on or what remedy (damages, or injunctive or declaratory relief) they seek, including Claims based on contract, tort (including intentional tort), fraud, agency, your or our negligence, statutory or regulatory provisions, or any other sources of law; Claims made as counterclaims, cross-claims, third-party claims, interpleaders or otherwise; Claims made regarding past, present or future conduct; and Claims made independently or with other claims. This also includes Claims made by or against anyone connected with us or you or claiming through us or you, or by someone making a claim through us or you, such as a co-applicant, Authorized User, employee, agent, representative or an affiliated/parent/subsidiary company.

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.
• We won’t initiate arbitration to collect a debt from you unless you choose to arbitrate or assert a Claim against us. If you assert a Claim against us, we can choose to arbitrate, including actions to collect a debt from you. You may arbitrate on an individual basis Claims brought against you, including Claims to collect a debt.
• Claims brought as part of a class action, private attorney general or other representative action can be arbitrated only on an individual basis. The arbitrator has no authority to arbitrate any claim on a class or representative basis and may award relief only on an individual basis. If arbitration is chosen by any party, neither you nor we may pursue a Claim as part of a class action or other representative action. Claims of 2 or more persons may not be combined in the same arbitration. However, applicants, co-applicants, Authorized Users on a single Account and/or related Accounts, or corporate affiliates are here considered as one person.

Survival and Severability of Terms

This arbitration provision shall survive changes in this Agreement and termination of the Account or the relationship between you and us, including the bankruptcy of any party and any sale of your Account, or amounts owed on your Account, to another person or entity. If any part of this arbitration provision is deemed invalid or unenforceable, the other terms shall remain in force, except that there can be no arbitration of a class or representative Claim. This arbitration provision may not be amended, severed or waived, except as provided in this Agreement or in a written agreement between you and us.

So I was looking at the original agreement, based on the above. Should I try to move to arbitration?  If not I am working on my Answer to the claims, now.

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Below is my Answer to the claims.  Any advice is greatly appreciated, thank you.

I, the Defendant deny breach of contract agreement account number xxxx-xxxx-xxxx-8492, as the "account"at issue is unclear. The Plantiff is not an Assignee for the purtported agreement and no evidence appears in the record to support any related assumptions.  Plaintiffs claim failes to allege that the alleged Assignor even has knowldge of this action or that the alleged Assignor has conveyed all rights and control to the Plantiff.  The record does not disclose this information and it cannot be assumed without creating an unfair prejudice against the defendant.
I, the Defendant deny the defendant owes $3132.98 plus costs and interest. As stated above the "account" at issue is unclear.
I, the Defendant deny that last pay date 12/22/15; $79.97.  The "account" at issue is unclear.

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