I am being sued by CAVALRY SPV I, LLC

[Guest Jane S]

I am totally lost and would greatly appreciate any help or advice.  I defaulted on a credit card in 2015 with Citi Cards, the credit card company wrote off my debt but in 2017 sold off a pool of charge-off accounts including mine. The paperwork says I am being sued by CAVALRY SPV I, LLC AS ASSIGNEE OF CITIBANK, does this mean I am being sued by Citi Bank throught Cavalry?  The original credit card agreement included an arbitration clause, which I read some where could be helpful but I don't understand the reasoning or arguement I could use in court for this. Is there any advice on how to fight this case, as I can't afford to pay it or have my check garnished.

[Clydesmom]

1 hour ago, Jane S said:

The paperwork says I am being sued by CAVALRY SPV I, LLC AS ASSIGNEE OF CITIBANK, does this mean I am being sued by Citi Bank throught Cavalry?

No.  It means Cavalry is suing you and the original creditor was CITI.  Once the debt was sold CITI is no longer in the picture.

1 hour ago, Jane S said:

The original credit card agreement included an arbitration clause, which I read some where could be helpful but I don't understand the reasoning or arguement I could use in court for this.

There is a thread on this site that explains all of that.  Study up.  What law firm filed the suit?

1 hour ago, Jane S said:

Is there any advice on how to fight this case, as I can't afford to pay it or have my check garnished.

Be prepared to fight hard.  In GA they do not care one iota if you can afford to have your paycheck garnished or not if you lose they most likely WILL do it.  

[fisthardcheese]

On 1/16/2019 at 8:08 AM, Jane S said:

I am totally lost and would greatly appreciate any help or advice.  I defaulted on a credit card in 2015 with Citi Cards, the credit card company wrote off my debt but in 2017 sold off a pool of charge-off accounts including mine. The paperwork says I am being sued by CAVALRY SPV I, LLC AS ASSIGNEE OF CITIBANK, does this mean I am being sued by Citi Bank throught Cavalry?  The original credit card agreement included an arbitration clause, which I read some where could be helpful but I don't understand the reasoning or arguement I could use in court for this. Is there any advice on how to fight this case, as I can't afford to pay it or have my check garnished.

Is this in Magistrate Court?  What is the amount the are suing for (roughly, just round to nearest $100)?

The first thing to do is look up the website for your county's magistrate court and see if they have an answer form you can print off and fill out.  This will make your initial response easy to take care of.  You have 30 days to respond from the date you were served.  Using the pre-printed answer form makes this easy, but do not rush it.  Use up as much of the 30 days as you can (without going over, as they say on the Price is Right). Because once you file the answer you will be given a court date for about 30 days later.  So using up your full 30 days to answer gives you 60 days or so to prepare and learn how you can use arbitration to negotiate this away.