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Hi.  Please be gentle.  I have been reading quite a few posts and now think I know enough information to be a little bit dangerous...  My wife was served a summons almost 30 days ago.  I am about to file the official responses with the superior court system, but I just read about arbitration and JAMS.  The original creditor was Citibank.  The amount my wife is being sued for is $8,235.57.  I don't want to make any mistakes when doing this, so I am asking for any and all assistance here.  Her official responses are a denial of all allegations (attorney friend via the phone--she has no real experience with collection company law, but she knew enough to assist with the answers and suggest I find an attorney out here). 

 

I have been reading about JAMS and arbitration, but I can't really figure out what exactly I need to do.  My wife's account Q/A is below:

 

 

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? (should be listed at the top of the complaint.)   Quall Cardot, LLP, in Fresno, CA

3. How much are you being sued for?  $8,235.57

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

5. How do you know you are being sued? (You were served, right?) I was served, and the summons was also mailed.

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

7. Was the service legal as required by your state?   As far as I can tell, yes.

Process Service Requirements by State - Summons Complaint

8. What was your correspondence (if any) with the people suing you before you think you were being sued?   They called and left a message on her cellphone (paraphrased) ".....if you can arrange a time for us to serve you, we won't have to go to your place of employment and tell your boss about it...."

9. What state and county do you live in? Orange County, CA

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations)   09/10/2013

11. What is the SOL on the debt?  4 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).  Suit Served--not in default yet.  I need to file the response today to stay within the 30 day time period.

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.   Have not done so yet.

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?  30 days  There are 24 allegations--I can list them but it will take a quite a bit of time and space.  She is being sued in her Maiden Name, not that it changes anything.   I was able to attach a redacted copy of the official summons.


16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits.  2 exhibits--one is the credit card statement showing the last payment and balance, and the 2nd is a receipt showing that they purchased a bulk of debt from Citibank--nothing specifically listing my wife's account.

Lyn Summons, redacted.pdf

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