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Cavalry SPV Summons in New York

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1. Who is the named plaintiff in the suit? 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.) MANDARICH LAW GROUP. LLP

3. How much are you being sued for? $6,211.54

4. Who is the original creditor? (if not the Plaintiff) Citibank, N.A.

5. How do you know you are being sued? (You were served, right?) Technically No

6. How were you served? (Mail, In person, Notice on door) Notice left in mailbox, just stapled papers no envelope and no postage (Mailbox restriction Title 18 Sec. 1725 how do I use this??)

7. Was the service legal as required by your state? SERIOUS DOUBT IT.....Courts fault?

8. What was your correspondence (if any) with the people suing you before you think you were being sued? Nope but been out of state for some time

9. What state and county do you live in? NEW YORK, ERIE COUNTY

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Really have no idea and the account they list is no longer on my credit report (anyway to find out??)

11. When did you open the account (looking to establish what card agreement may be applicable)? No idea if I had to guess 2008-11 range

12. What is the SOL on the debt? To find out: NEW YORK 6 YEARS

13. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or B) looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). Case Statues - ACTIVE

14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No I have not, original creditor no longer listed on my credit report. There is one Citibank listed as closed with no negative

15. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request before being sued, it likely won't help create FDCPA violations, but disputing after being sued could be useful to show the court that you dispute the debt ('account stated' vs. 'breach of contract'). No because I had no contact and didn't get notice of the debt

16. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit?

Summons says 30 days after service is complete. Court stamped it on April 19th and it was put in my mailbox today 5/2/19 (NOT a legal service I would say) The COMPLAINT has an address which I no longer live at but they put the Summons in a mailbox at a different address.

17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits.


18.  How did you find out about this site? GOOGLE SEARCH 

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I agree with you that the service was not made correctly under the CPLR. 

You should attempt to make a motion to dismiss for lack of personal jurisdiction because the complaint was not served properly. 

If you want to message me directly, I can point you in the direction of what you need to do next. Your first step would be going down to the Buffalo City Court and requesting a copy of the affidavit of service to see what the process server says happened. 

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