Adam1973 Posted March 14, 2019 Report Share Posted March 14, 2019 Hi, Cavalry SPV1 sued me in Circuit court for a debt I allegedly owed Citibank. I raised Lack of Standing as my primary Affirmative Defense in my response to the complaint. Discovery back and forth with boilerplate responses from Cavalry. They recently submitted motion for summary judgement. I responded to the motion with emphasis on Cavalry's failure to connect my specific account to a bill of sale they offer as assignment proof. In their motion, Cavalry SPV trotted out an affidavit signed by a Cavalry Portfolio Services employee claiming to confirm debt attached to me, knowledge of Citi record keeping, etc. The other affidavit was signed by an employee of OC, but failed to make any specific mention of my account. In a nutshell, I objected that a CPS employee couldn't possibly attest to Citi record keeping or be used as a reliable affiant to confirm accuracy of my former account with Citi. The Court agreed that a Cavalry employee couldn't testify that Citi business records were maintained pursuant to KRE 803(6). The motion was denied. I have a pre trial meeting soon regarding this case. I'm not sure what to do next. Should I submit a motion to dismiss, motion to compel discovery, motion for summary judgement or other??? I'd rather not attach documents since the case is currently in litigation. Any help or advice is greatly appreciated!!!! fyi...I asked for proof of assignment in Discovery and response was something like, 'discovery still ongoing see attached file' or some other useless response. I'm hoping it makes sense to push for some conclusion since Court concurred that proof of assignment has not been validated and Cavalry has danced around this for months. I don't think Cavalry will be able to pull in a Citi employee to testify that the 2016 account is accurate, but you never know.... Thanks a lot! Quote Link to comment Share on other sites More sharing options...
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