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WonderingInWI

? about response to specific Cavalry/Citi Complaint allegation

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Big picture:

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

Specific:

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?

 

 

 

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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! 😉

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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.

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