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pinnapplejuice

Cavalry SPV is at it again!

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Hello guys! I am being sued by Cavalry SPV I through Gurstel Law Firm. I have been doing some research on how to go about this and I was wondering if anyone can provide me with more information on how to fight and win this lawsuit. The complaint provided is quite vague and it really just states that I owe Calvary $1252.56 but does not have any other supporting documents.

It would be greatly appreciated if I could get some guidance  !

 

1. Who is the named plaintiff in the suit? Calvary SPV 1

2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Gurstel Law Firm

3. How much are you being sued for? 1252.56

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

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

6. How were you served? (Mail, In person, Notice on door) front door, summons given to my mom

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? i believe they sent me the 30 days noticed to verify the debt but I ignored it

9. What state and county do you live in? Arizona

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) between 1-2 years ago

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?  suit served

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? No

15. How long do you have to respond to the suit? a couple of days. does it go by the date you were summoned or the date on the summon because the actually summon provides a contradictory statement.

16. What evidence did they send with the summons? No evidence

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Are you able to get your credit card agreement? Which Citi card is it? In the agreement it should have an arbitration clause in there.

However, to answer your question about responding to suit, it is 20 calendar days in Arizona from the day you received your summons, so depends on what day you were served.

If you only have a couple days, you need to file an answer to the summons so you don't get a default judgement. File this and then look for the credit card agreement if you can to see if there is an arbitration clause. If there is, I'm sure the good people here can be of more help.

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Citi has always had arbitration in their agreements. They use AAA and the agreements say you won't be liable for Citi's arbitration fees. The issue you will likely face is that the agreement says claims filed in "small claims" court are not subject to arbitration. Gurstel will probably argue Justice Court is the equivalent of some small claims court somewhere, and thus they sued you in a "small claims equivalent court". The good news for you is that Citi never defined "small claims" in their agreement, and in AZ, we actually have a division named "small claims", and you weren't sued there.

So short version, I would use arbitration to send Cavalry on to greener pastures. 

 

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