afuehner

Unknown Account Suit Illinois-Filing Motions Credit Card Debt

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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.) 
Shindler & Joyce (Keith Shindler) However today an attorney named Thea Rubin was at court and filed out my paperwork
3. How much are you being sued for? 
$4270.31 plus court costs
4. Who is the original creditor? (if not the Plaintiff) 
In their complaint they say Synchrony Bank, but it is a Sam's Club account statement that is presented which has no account number on it
5. How do you know you are being sued? (You were served, right?) 
I was served & appeared per the Summons-however it was like a big clearinghouse of lawyers sitting with defendants filling out a form to settle with the plaintiff of the case.  Then I had to pay an answer fee and either deny or admit to the suit. I of course denied.
6. How were you served? (Mail, In person, Notice on door) 
In person
7. Was the service legal as required by your state? 
I believe so
Process Service Requirements by State - Summons Complaint

8. What was your correspondence (if any) with the people suing you before you think you were being sued? 
I had never heard of them before I was served.  I have never even seen the account statements they provided to the court.
9. What state and county do you live in? 

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 
It said the last payment was on or about 11-6-2014
11. What is the SOL on the debt? 
In Illinois it is 5 years, however this account is from Missouri which is 5 as well.  I have no clue as to any other SOL that may apply, but have no clue what this account even is.
12. 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). Suit was Served and I did file the Answer/Appearance Form

13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) 
No because I did not know it was even on my account
14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late. 
NO-however, I did send a form letter that was given to me by a law firm when I contacted them about representation (However, they can't represent me because we live too far away)  I did try to get representation here, but it seems as if everyone settles and no one denies the suit.
15. 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? 

I did not get an interrogatory questionnaire.  I am attaching the answer I filed.  I will have to scan the summons and pleadings and will upload that tomorrow.  

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

They attached an affidavit- that appears to be a form letter but is missing some of the information on the affidavit that is in the forms that is part of Law. They also submitted 2 Account Statements that do not have account numbers on them and seem to be missing other information.  I have also never seen these Account Statements in my life.

I have attached the answer and the form letter I sent to the lawyer.  

I have so many questions, but to start where would I find samples of motions to strike evidence, motions to dismiss, request for Discovery, and anything else I might need to file.  Also, I am in St. Clair County Illinois in a Circuit Court-can I state federal and state law.  I at times think I need to go to law school.  I could use a sounding board and won't reference anyone as my lawyer.  

 

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5 hours ago, afuehner said:

I did send a form letter that was given to me by a law firm when I contacted them about representation (However, they can't represent me because we live too far away)

NEVER EVER hire a law firm that advised you to use that letter.  It was a HUGE mistake.  It is riddled with errors and nothing more than a debt validation letter.  You have already been sued it is way way too late for that letter and the law firm and creditor are free to ignore it.  All that letter did was tell them you can cut and paste.

You also need to remove the copies of the letter and answer as it has your personal identifying information in it.

 

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Thank you never thought about that.  We’ll ship has sailed on letter.  If we don’t hear back from their lawyer by next week.  I guess we can just file for discovery to get the information.  I’m just in awe at the way someone can sue you without ever even contacting you to make sure you are the person.

 I also think I will try to amend my answer and attack their pleading.  The court form doesn’t have a place where it would have been done so wasn’t aware I could do that.  Praying it will hold.  

 

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If I make a motion to compel discovery should I wait on the ruling for the amended complaint or can I compel discovery at the same time.  

I want to attack standing, the hearsay of the affidavit, and the 2 Account Statements without account numbers on them.  Also it states about SOL not being up, but I think Synchrony Bank’s agreement states Utah is the governing law which would mean that the SOL is up.  

I really wish I knew what account they were talking about.

Also when making motions I need to state statutes and/or laws and case law is that correct?

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8 hours ago, afuehner said:

If I make a motion to compel discovery should I wait on the ruling for the amended complaint or can I compel discovery at the same time.  

I want to attack standing, the hearsay of the affidavit, and the 2 Account Statements without account numbers on them.  Also it states about SOL not being up, but I think Synchrony Bank’s agreement states Utah is the governing law which would mean that the SOL is up.  

I really wish I knew what account they were talking about.

Also when making motions I need to state statutes and/or laws and case law is that correct?

If you engage in discovery you will waive your right to arbitration. The FAA (Federal Arbitration Act) preempts state law (Utah). If it were me i would amend my answer add the affirmative defense stating- Lack of subject matter jurisdiction due to a underlying arbitration clause, and file motion to compel arbitration and dismiss or in the alternative to stay.

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If the OC is Synchrony, arbitration is the way to go with this.  Do not engage in discovery.  You need to file a Motion to Compel Arbitration.

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I agree with the others.

If you engage in discovery, you will almost certainly lose the case.

If you file an amended answer with arbitration as an affirmative defense, and file a MTC, you will probably win the case.  

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