I am being Sued by Calvary SPV I, LLC in Nassau County, New York (Please Help)

[Umvelinqangi]

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.)

Girvin & Ferlazzo, P.C.

3. How much are you being sued for?

$4,683.48

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

Citibank

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

Served impersonally 11/24/18

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

Notice on door 11/24/18

7. Was the service legal as required by your state?

Notice was left on the door. It’s unclear if this is legal in NY

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?

I received letters from Calvary several times but never responded with any correspondence, nor did I call to speak with anyone for fear that it was a scam of some sort. I do not have any of the letters I received from the agency.

9. What state and county do you live in?

New York.  Nassau 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)?

July 2012

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.  

14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?)

No

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').

No

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?

Response required by 12/22

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.

No Evidence was sent with the summons

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I have been served impersonally 11/24/2018. What should my first step be? I've contacted the Nassau County BAR for a lawyer referral however the lawyers they referred do not handle the type of case that I am experiencing regularly. They mainly cater to Bankruptcy, which is not an option I am open to at the moment.

 I am being sued in Nassau County Supreme Court. I have never requested arbitration, nor have I had any contact with Calvary SPV outside of letters sent to me stating they were attempting to collect a debt. I discarded the letters as they came because I considered it scam/junk mail. 

I received the summons on my door. There is no proof attached to the summons, only motions against me. Please let me know your thoughts on steps I should take moving forward- the best way to address this matter. Thank you!

 

 

[BV80]

Calling @usctrojanalum

[Guest usctrojanalum]

Thanks for the tag BV. 

The most important thing you want to do is answer the complaint, so there is no default judgment entered against you.

If you have the means to hire an attorney, I can recommend a couple in the Long Island area. I can also recommend an attorney who provides limited scope services (meaning he will draft an answer on your behalf, but you would represent yourself -- a much cheaper option than full representation).

If they mailed the summons and complaint to your door, you would want to check the affidavit for what is called "due diligence" under CPLR 308(4). If due diligence is lacking, then you can make a motion to dismiss the complaint.

[Umvelinqangi]

@usctrojanalum thank you for your response. Due Diligence is present in the affidavit. I consulted a lawyer and had an answer drafted on my behalf. The answer was sent to the attorney suing me and I will have to deliver my copy of the answer to the self help center at the Supreme Court. I was advised to call the Plaintiff's attorney a few days after the answer has been sent to reach a payment agreement. Is that normal advice? Should I not wait to see if the case against me will be dismissed or if the Plaintiff will be able to provide proof against me regarding the debt that is owed? Also what are some of the next steps that normally follow an answer in this situation? I was told a motion might be filed against me and I may not know what to do. Hopefully the community can help me to be prepared for the worst/best case scenario here.

Again, thank you for your response.

 

[Umvelinqangi]

7 hours ago, usctrojanalum said:

Thanks for the tag BV. 

The most important thing you want to do is answer the complaint, so there is no default judgment entered against you.

If you have the means to hire an attorney, I can recommend a couple in the Long Island area. I can also recommend an attorney who provides limited scope services (meaning he will draft an answer on your behalf, but you would represent yourself -- a much cheaper option than full representation).

If they mailed the summons and complaint to your door, you would want to check the affidavit for what is called "due diligence" under CPLR 308(4). If due diligence is lacking, then you can make a motion to dismiss the complaint.

@usctrojanalum thank you for your response. Due Diligence is present in the affidavit. I consulted a lawyer and had an answer drafted on my behalf. The answer was sent to the attorney suing me and I will have to deliver my copy of the answer to the self help center at the Supreme Court. I was advised to call the Plaintiff's attorney a few days after the answer has been sent to reach a payment agreement. Is that normal advice? Should I not wait to see if the case against me will be dismissed or if the Plaintiff will be able to provide proof against me regarding the debt that is owed? Also what are some of the next steps that normally follow an answer in this situation? I was told a motion might be filed against me and I may not know what to do. Hopefully the community can help me to be prepared for the worst/best case scenario here.

Again, thank you for your response.

[Guest usctrojanalum]

I think you got awful advice tbh. I do not think JDB's have the necessary documents or witnesses to prove their claims. If I were in your position, I would definitely not call to make not call to make any payment arrangements.

Is your case e-file? efiling is convenient better than going down to the courthouse. 

[Umvelinqangi]

On 12/8/2018 at 9:09 AM, usctrojanalum said:

I think you got awful advice tbh. I do not think JDB's have the necessary documents or witnesses to prove their claims. If I were in your position, I would definitely not call to make not call to make any payment arrangements.

Is your case e-file? efiling is convenient better than going down to the courthouse. 

I had the feeling that I wouldn't want to be calling to make any arrangements. They need to prove that I owe the debt first. How do I know if my case is e-file? There is a Notice of Commencement of Action Subject to Mandatory Electronic Filing. It states:

PLEASE TAKE NOTICE that the matter captioned above, which has been commenced by filing of the accompanying documents with the County Clerk, is subject to mandatory electronic filing pursuant to Section 202.5-bb of the Uniform Rules for the Trial Courts. This notice is being served as required by Subdivision (b) (3) of that Section.

The New York State Courts Electronic Filing System ("NYSCEF") is designed for the electronic filing of documents with the county clerk and the court and for the electronic service of those documents, court documents, and court notices upon counsel and self-represented parties. Counsel and/or parties who do not notify the court of a claimed exemption (see below) as required by Section 202.5-bb(e) most immediately record their representation within the e-filed matter on the Consent page in NYSCEF. Failure to do so may result in an inability to receive electronic notice of document filings.

Exemption from mandatory e-filing are limited to: 1) attorneys who certify in good faith that they lack the computer equipment and (along with all employees) the requisite knowledge to comply; and 2) self-represented parties who choose not to participate in e-filing. 

 

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Pretty sure that means I'm able to e-file. Correct me if I'm wrong.

 

Thank you

[Guest usctrojanalum]

Yes, You are permitted to use efiling. You have to make an account with NYSCEF. By using efiling system, you can just scan and upload your files and it is considered served. No need for affidavits of service or having other people mail your documents. And you do not need to go to the courthouse. 

[Umvelinqangi]

13 hours ago, usctrojanalum said:

Yes, You are permitted to use efiling. You have to make an account with NYSCEF. By using efiling system, you can just scan and upload your files and it is considered served. No need for affidavits of service or having other people mail your documents. And you do not need to go to the courthouse. 

Okay great, thanks for the info

[Umvelinqangi]

On 12/12/2018 at 9:28 AM, usctrojanalum said:

Yes, You are permitted to use efiling. You have to make an account with NYSCEF. By using efiling system, you can just scan and upload your files and it is considered served. No need for affidavits of service or having other people mail your documents. And you do not need to go to the courthouse. 

Update: I got the form to sign up for EFiling, signed, notarized and submitted. Waiting on confirmation from the courts. Apparently it takes 2 business days.

[Guest usctrojanalum]

Awesome. It truly is a better litigation experience. All service can be made via email - and you can serve it yourself. 

[Umvelinqangi]

On 12/21/2018 at 9:46 AM, usctrojanalum said:

Awesome. It truly is a better litigation experience. All service can be made via email - and you can serve it yourself. 

Update: Thanks for your help with filing. I e-filed my answer after receiving confirmation from the courts. I also received a response from the attorney representing Calvary. They provided verification of the debt that I owe. Attached was an asset schedule and photo copies of credit card statements from September 2013 and November 2013. Not sure what more can be done here besides working out a settlement with the attorneys. Any advice would be appreciated.

[Guest usctrojanalum]

That's a tough call, I do not want to make it for you. I would think you'd want to exchange some formal discovery first before making an offer to settle.

At the very least see what they do, because the next move is on them. You filed an answer so they cannot obtain a default judgment. The next thing for them to do would be to request judicial intervention. That costs $95.

[Umvelinqangi]

5 Months later and still no updates on this case. My answer was received on 12/24/18 and there have been no updates on the status of the case since. Is there anything I should be doing in the interim?