helpinWI

JDB Cavalry SPV, Law Firm Gustel - Not Sued Yet

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I've read over the forums for a couple hours and found the arbitration option.

I have and had 4 - 5 year old debts (most of it I paid off a couple years ago before I knew there were other options) one of which, Gurstel is coming after.

I am wondering if I should try to settle this debt, but then again, it is SO OLD and I really don't want to. I work for myself, so I have a lot of time, I somewhat understand the courts, how to look up statutes and how to file, just enough to be dangerous! :) Any help is appreciated!

I found this on another post and thought it might be helpful to anyone responding:

 

1. Who is the named plaintiff in the suit? I have not been served yet, but on Gurstels' paperwork current creditor is 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.) Gurstel Law Firm

3. How much are you being sued for? $1621.83

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

5. How do you know you are being sued? (You were served, right?)  not being sued yet, had first contact from Gurstel two weeks ago via mail.

6. How were you served? (Mail, In person, Notice on door) not served yet

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? Notice they had the debt, I sent a letter requesting them to prove it and they sent my agreement with Synchrony and a final statement and the Bill of Sale of the debt.

9. What state and county do you live in? Wisconsin

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) At least 4 years, possibly more, it has not hit SOL yet.

11. What is the SOL on the debt? To find out: 6 years

12. What is the status of your case? Suit served? Motions filed?  no legal action yet, junk debt is with a law firm, that's it

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? Yes, I have their return letter with statement dated 4/5/2015, I stopped paying on this well before 2015.

15. How long do you have to respond to the suit? do not have suit yet

16. What evidence did they send with the summons? no suit yet

 

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Synchrony has the best arbitration clause, so just wait. If they sue, we will help you file a motion to compel arbitration and they will fold.

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Goody,

Thank you, I am hoping they won't but the firm has a history of suing, so the Internet says.

I did read the clause the law firm sent over in the copies of my original agreement with Synchrony.

So you are saying, no contact with the law firm or Cavalry? I have only contacted them once through mail to request proof of ownership and the original contract.

Thank you for the help.

I have wondered also, when counting the SOL, I have heard that it is from the last date of payment, I have tried to research the statute in my state, but can't find specific wording on that.

Is there a general rule for that timing? I've found on some attorney's sites that if you pay the debt in WI it starts the clock over, but then some posts here say that it does not and only a new written agreement starts the toll over. I know that I am closer the SOL expiring than not, so this is important for me.

I have paid most of the large debt from 4-5 years ago but I have maybe one or two larger ones out there haunting me, I quit paying them all at the same time, so I want to set up a calendar for when they all expire. I am so looking forward to the SOL expiring for all this old debt.

In WI, and we are only one of two states that has this, so the Internet says, that if anyone sues me over 6 years they are in violation. There is a statute, I forget what is says now...

Thank you for all given help and future help!

 

 

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I don't want to jump the gun nor do I wan to file too late.

I've seen a post where someone stated that filing for arb is to be done after you receive a letter from a local attorney.

Is this true? Or do I wait for the case to pop up or when I am served?

This is my first time I will arb and I want to to it to the letter.

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5 hours ago, helpinWI said:

I don't want to jump the gun nor do I wan to file too late.

I've seen a post where someone stated that filing for arb is to be done after you receive a letter from a local attorney.

Is this true? Or do I wait for the case to pop up or when I am served?

This is my first time I will arb and I want to to it to the letter.

Wait until they sue you and you are served.  Then answer the lawsuit and file the MTC Arb.  Hold off on filing for arbitration with JAMS or AAA, until the MTC Arb is granted.  Chances are you won't even have to file with an arb forum, as the JDB is likely to dismiss the case after the motion is granted.

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Okay, will concentrate on life until that happens. Sigh, 1.5 years and all the rest of the old debt will be SOL. thankfully!

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