fornix

CA-resident,Cavalry- INTENTION TO SUE, is 15k small claims?

3 posts in this topic

Hi need your help please! 

November 2018- I received a letter from a lawyer representing Cavalry (OC-Citibank) that they now represent Cavalry 

December 2018- sent a letter to validate, received a package of: affidavit of sale by OC, Cert of Conformity and bill of sale assignment, few statements, and agreement Citibank.  

January 2019- rec'd letter from Cavalry not Lawyers with "lacking any specific facts or info which would allow us to conduct an investigation...we are unable to investigate pursuant to FCRA" 

January 2019- Notice of Intention to File Lawsuit 

Amount due: 14-18K 

 

So I've been reading through the posts and some have recommended waiting to be actually served and than requesting arbitration ? I believe with this Citi agreement its AAA. 

and others have mentioned to start process of arbitration, which then renders them unable to sue in small claims, but this is over 10k, would that still apply? 

I need your help, I'm trying to educate myself about all of this but I'm having alot of difficulty comprehending on course of action to take. Thanks! 

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Cavalry wouldn't be able to sue you in Small Claims over this debt, regardless of the amount, because they are a 3rd party to the debt (they bought it from someone else). Do you have the proper Citi agreement for the year the acct was opened, and have confirmed it has an arbitration clause?

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On 1/9/2019 at 10:05 AM, RyanEX said:

Cavalry wouldn't be able to sue you in Small Claims over this debt, regardless of the amount, because they are a 3rd party to the debt (they bought it from someone else). Do you have the proper Citi agreement for the year the acct was opened, and have confirmed it has an arbitration clause?

Thank you Ryan! If it's not small claims, than where would they be intending on suing me? 

I dont have the agreement, it would be the 2009 citi forward agreement, the law firm representing Calvary sent me over the agreement and that has the arbitration clause with AAA which is what I was referring to. 

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