Flowers55

Oklahoma Discovery Request Cavalry

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1. Who is the named plaintiff in the suit? Myself

2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Cavalry SPV I, LLC As Assignee of Synchrony Bank/Walmart

3. How much are you being sued for? Approx. $3000

4. Who is the original creditor? (if not the Plaintiff) Synchrony Bank/Walmart

5. How do you know you are being sued? (You were served, right?) Served 10/1/17

6. How were you served? (Mail, In person, Notice on door) In person

7. Was the service legal as required by your state? Yes

8. What was your correspondence (if any) with the people suing you before you think you were being sued? N/A

9. What state and county do you live in? Tulsa County, OK

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Approx Spring 2017

11. When did you open the account (looking to establish what card agreement may be applicable)? Aprox. Fall 2012

12. What is the SOL on the debt? 5 years

13. What is the status of your case? Suit served? Motions filed? Petition filed 9/7/17, served 10/1/17 and answered 10/6/17.

14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No?

15. Did you request debt validation before the suit was filed? No

16. How long do you have to respond to the suit? Did you receive an interrogatory (questionnaire) regarding the lawsuit? 30 days for current set of Discovery received today 1/2/20

17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Petition with Breach of Contract, Account stated and Quantum Meruit/Quasi-Contrat

18.  How did you find out about this site? Google

I received the Discovery Request today, I know I need to respond within 30 days, but I am not sure how to respond to some of the items listed. For example producing notices and documents that I do not have copies of or expert witnesses? Im not asking for anyone to write anything for me, but hopefully give me a just a small push in the right direction. Ive searched around but cant seem to find answers to the Interrogatories in particular. Thank you!

Scanned Documents.pdf

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With the OC of Synchrony, arbitration is the best way to deal with this.

And, if you do go the arbitration route, you do not want to engage in discovery,a s that may waive your arb rights.  Instead, you should object to their discovery on the grounds that arbitration has been elected.  But first you should file the MTC Arb.  I would suggest doing this ASAP.

Best info on arb:

 

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I was going to reply to this thread, then I saw @nobk4me already said everything, probably better than I would've said it.  

This is a subtle hint that  you got some very good advice.  

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9 minutes ago, Flowers55 said:
 

Would arbitration still be an option if I previously filed this with the courts, 2 years ago when I received the initial petition? 

Document2.pdf 1.03 MB · 1 download

How long has it been since any action (motion, requests, etc) was taken in this lawsuit?

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3 hours ago, Goody_Ouchless said:

What do your rules say about failure to prosecute? In most places that case would have been closed due to inactivity.

Thank you! So I have found 2:

2014 Oklahoma Statutes
Title 12. Civil Procedure
§12-1432. Motion to dismiss legal actions – Time limit for filing – Suspension of discovery.

Universal Citation: 12 OK Stat § 12-1432 (2014) 

A. If a legal action is based on, relates to or is in response to a party's exercise of the right of free speech, right to petition or right of association, that party may file a motion to dismiss the legal action.

B. A motion to dismiss a legal action under this section shall be filed no later than sixty (60) days after the date of service of the legal action. The court may extend the time to file a motion under this section on a showing of good cause.

C. Except as provided in Section 6 of the Oklahoma Citizens Participation Act, on the filing of a motion under subsection A of this section, all discovery in the legal action shall be suspended until the court has ruled on the motion to dismiss.

Added by Laws 2014, c. 107, § 3, eff. Nov. 1, 2014.

and 

 

2014 Oklahoma Statutes

Title 12. Civil Procedure

§12-1083. Dismissal of any actions in which no pleadings have been filed for a year.

Universal Citation: 12 OK Stat § 12-1083 (2014)

Any action in which no pleading has been filed or other action taken for a year and in which no motion or demurrer has been pending during any part of said year shall be dismissed without prejudice by the court on its own motion after notice to the parties or their attorneys of record; providing, the court may upon written application and for good cause shown, by order in writing allow the action to remain upon its docket.

Added by Laws 1965, c. 299, § 5. Amended by Laws 2007, c. 12, § 4, eff. Nov. 1, 2007.

 

Do I file a motion with the court and use 12 OK Stat § 12-1083 (2014) and then also respond to Cavalry with my motion along with citing  12 OK Stat § 12-1432 (2014) and refuse their request for discovery? Can my motion to dismiss be as simple as I have attached or do I need to further explain myself?

Thank you again!!

Response.png

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