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RRS

Being Sued by CAVALRY SPV in Georgia via Citibank

4 posts in this topic

Hello,

I am being sued by Calvary in GA from an $1187 debt from Citibank.   I received the court date for Feb 19th.  I tried t research and file the paperwork and answer myself.   Since I did and efile and denying the debt it put it into these words below.    Is it too late to get the documentation from Calvary?  Any advice on my next steps???  I just received the electronic court date appearance via email today.  

"""ANSWER OF DEFENDANT

Comes now the defendant in the above styled case and files this his/her answer and shows to the court the following:

Plaintiff's claim is denied.

WHEREFORE, defendant having fully answered prays that he/she be discharged and that the costs of this action be placed upon the plaintiff.

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1 hour ago, RRS said:

Is it too late to get the documentation from Calvary?

If you are being sued in Magistrate Court it doesn't matter.  Magistrate Court does not allow discovery.  It is trial by ambush.

1 hour ago, RRS said:

Any advice on my next steps???

The one thing that sends a JDB to dismissal is a motion to compel arbitration by the court.  The problem is CITI has an exception for small claims cases.  There is no way to predict if the court will consider Magistrate Court the same as small claims so you are going to have to b prepared to go to trial because if the MTC is denied you go straight to trial right then.

Who is the law firm handling the case?  There is one prominent debt collection law firm in Atlanta that lost several MTC hearings and now is VERY skilled at defeating one.

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Well in the twist of things...  Calvary SPV removed the collections amount from my credit report.  I still have the notice from the court and it still states it is an open case.  Law Firm was Danielle C Brown /// Schactner Portnoy, LLC.   I just called them today to see if they will agree to reschedule the date of the hearing (my son school is closed due to President's Day).  Daniel C Brown office told me they are no longer handling my case.  They handed it to  Aldridge | Pite LLP...   Called them and they have no record of my case being with the court, just with their collection side.

All they had was a record of my collection debt $1067.  (Really wish I would not have called them, but I did).  But they just tried to get me to pay the debt and told me that they could not reschedule and the and attorney would be there.  They kept wanting me to agree for them to send me an agreement to pay.  I still think they are going to send me something to agree and pay.  They would not let me talk to anyone on the attorney side.  

I called the court back and told them, but they told me no one told them that the case was moved from Danielle C Brown to this new group.  

Thanks for your feedback...

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File a notice with the court asking for a continuance.   Magistrate Court is supposed to allow you one "free" continuance for any reason.  I would state, due to a previous standing engagement that includes child care arrangements, I request a 30-day continuance in this matter.

File that with the clerk and tell them you are requesting a continuance.  They may or may not give you a new date right then.  Also send a copy to the attorney on record  (regardless of the garbage they fed you on the phone).  Make sure to include a separate page with a Certificate of Service that states you certify that you send a copy of your request to the Plaintiff by first class mail.

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