Sued by Cavalry... Any help appreciated.

[spilledmilk1111]

Sued by Cavalry... Any help appreciated.

Started by spilledmilk1111, 15 minutes ago

 

1 POST IN THIS TOPIC

spilledmilk1111     0

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.)  

     Levy & Associates, LLC

3. How much are you being sued for? 

     $1,286.53, interest, costs of this action and all proper relief

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 in person

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

     In person via certified mail which    I signed for

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?   

     Letters and calls from them but eventually blocked phone number(s).. I don't think i actually ever responded back.

9. What state and county do you live in? 

     Indianapolis, IN Marion County

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

     8/23/13

11. What is the SOL on the debt? 

     6 years

12. 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).  

     Pending since 6/14/2017 per court website, summons delieverd over a year later on 7/20/18

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?  

     15 days left

     Charges are:

1. Plaintiff is a limited liability company organized pursuant to the laws of a state other than Indiana.

2.  Defendant is believed to be a resident of Marion County Indiana.

3.  The OC grantor is Citibank, N.A. who sold or assigned defendants debt and the plaintiff purchased same for valuable conaideration.

4.  Defendant is in default for failure to pay the plaintiff and the original credit grantor.

5. Defendant is indebted to plaintiff on an outstanding balance of 1,286.53 plus interest and court costs.

6.  Demands for payment have been made upon the defendant.

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

Asset schedule, bill of sale and assignment, CC statements (2) one of last payment on 8/23/13 and one with minimum payment due after defaulting on 10/6/13

Hi everyone!  I'm hoping someone can give me advice- i can't afford a lawyer right now nor can i afford to pay a judgement so understandably am terrified.

I read as much as i could about requesting arbitration thru JAMS since the OC was Citi.  I even considered that i could utilize the info and try to represent myself until i realized I'm being sued in Superior Court- Civil Division rather than Small Claims (informal).  Please correct me if i'm wrong.  There's no way i could hold it together in a formal environment.  So i'm wondering if i should just call them before and set up a payment schedule.  If we can't agree on a settlement and i do decide to go to court (unlikely) does me trying to settle mean I am admitting the debt is valid?  Can they use that against me in court?  If i settle out of court what percent of the debt is reasonable to offer?  What about a lump sum?  Lastly- im very confused because the case was originally filed 6/14/17 and states pending but I'm just now getting a summons dated 7/5/18 and only received it 7/20?  I got a letter from a lawyer offering their services when they first filed suit but i ignored it and hoped it would go away, moved, and i guess they finally found me?

Thanks to ANYONE that can answer any of my questions.. worst case scenario is eating away a pit in my stomach and i have no idea what to do  ?  Wanted to fight because i hate JDB's with a passion but I'm worried going to court will only add to what i owe and i need to minimize the cost to me as much as possible. 

 

•  

[Harry Seaward]

Were you sued in "small claims" court?  This is important....

[spilledmilk1111]

No its in Superior court- civil division.

[Goody_Ouchless]

Quote

For the most part, superior courts have general jurisdiction, so they can hear ALL civil and criminal cases. Superior courts are also charged with establishing small claims and minor offense divisions.

So plaintiff will argue that this somehow falls under small claims umbrella, whether they specifically filed there, or not. What county? Indiana seems to be very county-centric.

[spilledmilk1111]

Marion county.  Specifically says Superior court civil division 12 if that helps.  I thought it was odd that it wasnt filed in small claims, and what's even more odd (to me, not having any legal knowledge whatsoever) is that the case was originally filed over a year ago but am just now receiving a complaint/summons via certified mail dated 7/5/18. 

[Harry Seaward]

3 hours ago, Goody_Ouchless said:

So plaintiff will argue that this somehow falls under small claims umbrella

Because OP actually has a court in his jurisdiction called "small claims", and the Citi agreement doesn't define "small claims" nor does it have the "equivalent" language, this should be a fairly easy argument to defeat. 

@spilledmilk1111 I'd be using arbitration on this lawsuit. 

https://www.creditinfocenter.com/community/topic/329436-arbitration-overview-and-strategy-2018-most-up-to-date-info/

 

[Goody_Ouchless]

Unless I missed some limitation in Indiana Small Claims rules, they can just dismiss and refile in small claims.

[Harry Seaward]

I don't know about Illinois, but in AZ a plaintiff cannot dismiss their lawsuit without permission from the court.  When the plaintiff makes their motion to dismiss, I would press the court for dismissal with prejudice, or in the alternative, use "prohibiting forum shopping" as grounds for an order prohibiting the plaintiff from re-filing in Small Claims.