Jump to content

? about response to specific Cavalry/Citi Complaint allegation

Recommended Posts






Big picture:

Sued by Cavalry on behalf of Citi for $2.5k. Am composing Answer along with MTC. 


One of Cavalry's allegations is: 

#12.  That the balance due and owing as of blah, blah 2016, was $2.5k. A true and correct copy of a billing statement is attached hereto as Exhibit A and is incorporated herein as though fully set forth in detail.

That seems a bit of an overreach. Is that even a thing they can allege? I mean, obviously, they did- but how does that work? They did attach a statement. 

I am considering, as a response:


#12. I deny. I reject the premise that one purported billing statement may be "incorporated herein as though fully set forth in detail."



Am I perseverating upon minutiae here?




Link to comment
Share on other sites

They are suing my husband for Citibank Simplicity Card they allegedly purchased. Are you not interested in trying to force them into Arbitration? I think that that's the best way to get it dismissed, I am just not sure if he should file a General Denial with AD's or just file a Petition to Compel Arbitration...?? The Agreement I found on the CFPB website has a pretty nice Arbitration clause in Section 11 that I think may push them to dismiss.

If anyone else has solid advice, I would appreciate it! ?

Link to comment
Share on other sites

Hi there @Winning67

You will probably not get any answers to your question by posting under the question I asked. 

On 8/24/2019 at 2:06 PM, WonderingInWI said:

Am composing Answer along with MTC. 


I am filing a Motion to Compel Arbitration.

There is a wealth of information on this forum. I would refer you to https://www.creditinfocenter.com/community/forum/199-arbitration/ as a starter. Once you've read that, any questions you still have should be started as a new topic.

Best of luck to you and your husband.

  • Like 1
Link to comment
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.


  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.. For more information, please see our Privacy Policy and Terms of Use.