sidthekid44

Sued by Cavalry SPV I, LLC in New York (Help Please)

32 posts in this topic

Also, just to clarify, when I said "any" date you want.  The minimum is 8 days advanced notice.  So you can't run down to courthouse this afternoon and put it on for tomorrow.  

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Hey guys I am back with an update and some more questions.  My case is still showing on the court's website as Pre RJI as nothing has happened.  I had intended to file a motion to compel arbitration in the summer...however, I had a family issue come up that took the majority of my attention.  I did continue to check the court website for any updates just in case.  I literally just started working on my motion a couple of days ago with the intentions of filing it in a couple weeks.  Today I received a letter from Mandarich Law Group LLP in reference to this same debt.  The letter states:

 

We are contacting you regarding the above referenced account.  As you are likely aware, your account was previously placed for collection with another law firm and litigation was commenced,  The Current Creditor listed above has now reassigned your account to our office.  The Current Balance stated above is the amount placed for collection by the creditor with our office as of the date of this letter.

The next paragraph references the typical debt validation language.

The letter then states:

Please note that the litigation does not alter the rights explained in the prior paragraph,  If you request proof of the debt or the name and address of the original creditor within the thirty-day period that begins with your receipt of this letter , the law requires us to suspend our efforts (through litigation or otherwise) to collect the debt until we mail the requested information to you.

 

As of today (per the court's website) my case with Cavalry (Grossman & Karaszewski) is still active/open.  What is the legality of another law firm contacting me regarding the same account that there is an open case with another law frim?  What should I expect?  Will GK end the current lawsuit or just let it eventually expire due to no action?  Can Mandarich sue me while this current case is open?  I have no issue starting the process over again with a new law firm.  I just want to know where/how to focus my attention.  I definitely do not want to pay for an RJI and motion if the current case is going away.

As always, thank you for the help!

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Based on what you said, it sounds like Calvary has retained new lawyers. It is likely they would be substituted in as the counsel and GR would be out. 

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40 minutes ago, usctrojanalum said:

Based on what you said, it sounds like Calvary has retained new lawyers. It is likely they would be substituted in as the counsel and GR would be out. 

Thank you!  If that's the case would they need to start a new case or just pick up where the other attorneys left off?  I would guess start over because I can again request debt validation and the new firm does not have the previous communication between myself and the "current" firm...but I'm not sure. 

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22 minutes ago, usctrojanalum said:

They would not need to start a new case. There is a procedure in CPLR 321 that can be followed. 

Thank you. I will make sure I read up on that. 

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Reading CPLR 321 I see the new attorney needs to file, with the clerk, a consent signed by the previous attorney and signed by Cavalry.  That has not yet been filed per the court's website.

I will request validation again from the new attorney, noting that I previously had and continue to elect arbitration.  When they validate and file the appropriate consent for a change of attorney I will move forward with my motion.

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