sidthekid44 Posted April 25, 2018 Report Share Posted April 25, 2018 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.) Grossman & Karaszewski PLLC 3. How much are you being sued for? Just under $5,000 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 have not yet been served. I have been checking each day for my name on my county's website. 6. How were you served? (Mail, In person, Notice on door) Not yet served. Complaint on county's website as of 04/21/18 7. Was the service legal as required by your state? Not yet served. 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? Last summer I received a letter from Cavalry regarding the debt (and Citibank stating they sold it to Cavalry). I sent a DV letter asking for validation, asserting I would like all disputes handled through arbitration, and they only may communicate with me via USPS. In March I received a letter from Grossman & Karaszewski PLLC representing Cavalry. I again sent a similar DV letter...disputed debt/arbitration/only USPS communication. They sent me validation (credit card statements and signed affidavit that Cavalry purchased the debt.) At that point I sent another letter to Grossman & Karaszewski PLLC reaffirming that I wanted all disputes handled through arbitration with JAMS. In that letter I asked for both their and Cavalry's fax/email so I could complete the paperwork to file with JAMS. I included quotes from a 2011 Citibank credit card agreement I found online (which does have a survivability clause). I sent the last letter out 04/20/18 and saw my name on the court website on 04/23/18. 9. What state and county do you live in? New York. Monroe County. 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) July 2013 to Citibank 11. When did you open the account (looking to establish what card agreement may be applicable)? April 2011 12. What is the SOL on the debt? To find out: Statute of Limitations on Debts 6 years (New York) 6 years (S Dakota...where Citibank is incorporated) 13. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). Pre-RJI. I have not been served. The complaint is just filed on my county's website. 14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) Not with the credit bureaus, but with the JDB and their attorney. 15. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request before being sued, it likely won't help create FDCPA violations, but could be useful to show the court that you dispute the debt ('account stated' vs. 'breach of contract'). Yes to both the JDB and their attorney. 16. 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? 20 days if I am served. 30 days if I am not served directly. Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits 17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Copies of credit card statements and an affidavit that they purchased the debt from Citibank. ------------------------------------------------------------------------------------------------------------------------- My plan is to wait to be served. At that point I will file a MTC Arbitration along with an Answer. My hope is that because the 2011 Citibank credit card lists arbitration with JAMS and I have requested it multiple times prior the motion will be granted. I would then file with JAMS and then hope at some point they choose to dismiss the suit based on their costs to arbitrate. I am being sued in Monroe County Supreme Court. Maybe this is a dumb question, but could this be considered small claims court? I know the Citibank card agreement has a small claims provision. If it is small claims, would my MTC still have a chance since I requested arbitration at least three times before being served? I have been reading up on their rules and what I will need to do when I am served. It seems to be a little more confusing than I thought it would be. I am under the assumption I need to file an Answer, MTC, and RJI ($90-$95) when I am eventually served. Does that sound correct? File the Answer and Motion together? Thoughts on POTENTIAL FDCPA violations? I do not have my "green cards" with me right this second (proof of each letter sent). I believe the attorney's office (who is also a debt collector) received my initial validation request on 04/04/18 stating all calls were inconvenient and to only contact me via USPS. I think they are allowed to contact me once by phone after that? On 04/06/18 they called me two times and left me a generic voicemail on the second call. I also did not receive the debt validation package until 04/09/18, however, the attorney signed my complaint on 04/05/18. Do I need a reasonable time to receive their validation before they sign my complaint to sue or can they argue that the validation was already sent at that time? I have learned a lot from reading these boards. Thank you! I am willing to accept any help that people have to offer. Quote Link to comment Share on other sites More sharing options...
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