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oceanblues

Being sued in a different state then I live in

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I used to live in Las Vegas, NV. I have now lived in Florida since August of 2015. I found out I was being sued on Friday from my father who still resides in Las Vegas. They tried to serve me at his house but I am in FL. Any help would be very much appreciated, thank you all.

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.) Veronica M. Barisich. ESQ 

3. How much are you being sued for?  $4645.07

4. Who is the original creditor? (if not the Plaintiff)  CITI Bank

5. How do you know you are being sued? (You were served, right?)  They tried to serve me at my dads house

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

7. Was the service legal as required by your state? N/A

8. What was your correspondence (if any) with the people suing you before you think you were being sued? None whatsoever.

9. What state and county do you live in? Palm Beach County, FL

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Jan. 2016

11. What is the SOL on the debt? To find out:  

12. What is the status of your case? Suit served? Motions filed? Civil Summons Issued  

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

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

15. How long do you have to respond to the suit? 

16. What evidence did they send with the summons?

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It appears you were in Florida at the time of the default, which makes it an improper venue.  
 

This is originally a Citi card.  That means there is a small claims exemption for arbitration.  
 

Here is a possible strategy.  Contact the attorney ASAP to let them know they sued in the wrong venue.  If they are even remotely ethical (many are at least remotely ethical, but not all) they will withdraw or nonsuit the case.  At that point, the case is not in small claims.  Immediately file in arbitration to get around the small claims exemption.  You might even file before they nonsuit the claim.  For example, you could file against the JDB and the attorney for an FDCPA violation for taking an action they are not legally permitted.  
 

Once you have the case in arbitration, just about any JDB will fold.  

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1 hour ago, BackFromTheDebt said:

 Immediately file in arbitration to get around the small claims exemption.  You might even file before they nonsuit the claim.  

I would NOT do this and here is why:  The OP moved to FL in 2015.  One year BEFORE default.  The SOL in FL is 5 years.  By the time they dismiss the suit or it gets dismissed for lack of jurisdiction the SOL is already expired which is a GOLD PLATED defense.  I would wait and see if it gets tossed for lack of service.  Chances are good that by the time they find the OP in FL the SOL will have expired. If they then filed in FL I would file a counter claim for expired SOL and force their hand to pay me for the FDCPA violation.

 

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1 hour ago, Clydesmom said:

I would NOT do this and here is why:  The OP moved to FL in 2015.  One year BEFORE default.  The SOL in FL is 5 years.  By the time they dismiss the suit or it gets dismissed for lack of jurisdiction the SOL is already expired which is a GOLD PLATED defense.  I would wait and see if it gets tossed for lack of service.  Chances are good that by the time they find the OP in FL the SOL will have expired. If they then filed in FL I would file a counter claim for expired SOL and force their hand to pay me for the FDCPA violation.

 

I partially disagree.  

According to the OP, the last payment was 2016.  The SOL runs out sometime in 2021.  I don't know which month. That means, the JDB has at 3-4 months, and possibly an entire year, to file the case in Florida.  Once the case is filed in Florida, arbitration is off the table.  

 

I don't know if this particular law firm has an office in Florida.  If so, they could just transfer the case to their Florida office.  If that is the case, the OP should probably file in arbitration before the debt gets to the Florida office.

If this firm does NOT have an office in Florida, especially if the SOL is early in 2021, then the advice above is good, with a caveat.  It would probably take a few months to transfer the account to a new law firm, and the new firm would probably notify the OP before filing suit, and the OP can send in a DV, buying at least a month of time before having to file.  So it is a real possibility that the JDB will miss the deadline. However, there is always the possibility that the new firm will do whatever they can to file just before the SOL deadline.  I once had a debt disappear from the bottom of a file cabinet a few months before SOL.  If they figure out the debt is close to SOL, they will hurry to make sure they file in time.  

Which is why I suggested filing in arbitration soon.  That takes away the possibility of the JDB filing a quickie law suit in Florida right before the SOL.  Since the JDB will almost certainly fold, that seems like a sure win.  

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20 hours ago, BackFromTheDebt said:
 

I partially disagree.  

According to the OP, the last payment was 2016.  The SOL runs out sometime in 2021.  I don't know which month. That means, the JDB has at 3-4 months, and possibly an entire year, to file the case in Florida.  Once the case is filed in Florida, arbitration is off the table.  

 

I don't know if this particular law firm has an office in Florida.  If so, they could just transfer the case to their Florida office.  If that is the case, the OP should probably file in arbitration before the debt gets to the Florida office.

If this firm does NOT have an office in Florida, especially if the SOL is early in 2021, then the advice above is good, with a caveat.  It would probably take a few months to transfer the account to a new law firm, and the new firm would probably notify the OP before filing suit, and the OP can send in a DV, buying at least a month of time before having to file.  So it is a real possibility that the JDB will miss the deadline. However, there is always the possibility that the new firm will do whatever they can to file just before the SOL deadline.  I once had a debt disappear from the bottom of a file cabinet a few months before SOL.  If they figure out the debt is close to SOL, they will hurry to make sure they file in time.  

Which is why I suggested filing in arbitration soon.  That takes away the possibility of the JDB filing a quickie law suit in Florida right before the SOL.  Since the JDB will almost certainly fold, that seems like a sure win.  

I do kind of agree with you actually. I am fairly terrified. I was sued and won my case because the other party didn't show recently and was relieved that I dodged that bullet but now I have this one and it is a larger amount of money. What happens if I just ignore the current lawsuit in Las Vegas, will it remain pending until they find me or can it proceed without ever serving me. If I call the lawyer can they refuse to move the venue? I have to do some research as well because I am not familiar with how to initiate arbitration if I go that route.

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22 hours ago, Clydesmom said:

I would NOT do this and here is why:  The OP moved to FL in 2015.  One year BEFORE default.  The SOL in FL is 5 years.  By the time they dismiss the suit or it gets dismissed for lack of jurisdiction the SOL is already expired which is a GOLD PLATED defense.  I would wait and see if it gets tossed for lack of service.  Chances are good that by the time they find the OP in FL the SOL will have expired. If they then filed in FL I would file a counter claim for expired SOL and force their hand to pay me for the FDCPA violation.

 

I really like the optimism here, but at the same time I am scared as heck that I have to face this lawsuit. If they are not succesful in locating me does that mean that the suit cannot continue. If thats the case then I really think waiting it out might work.

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They can try to do alternate service if they do not locate you. You would then either have to answer or lose the case. What you can do is lay low for a while and see if they try alternate service (watch the website) and if they do, then file an answer with the affirmative defense of lack of personal jurisdiction. That might buy some time to let the SOL run out. Otherwise, you can call the opposing attorney and inform them that the suit was filed in the wrong venue.

I would hold off on arbitration until you see what they do with the suit in Nevada first.

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5 hours ago, oceanblues said:

If they are not succesful in locating me does that mean that the suit cannot continue.

Correct.  You must be properly served in order for the suit to commence.  Watch the docket in NV.  Theirs is online.  Make sure they don't file for alternative service.  If/when the case is dismissed for lack of service pay close attention to that date.  If you are certain you defaulted January 2016 then February 1 2021 for certain the SOL expires. I would watch the docket. If it gets dismissed lay low and off the grid until February 1, 2021.

5 hours ago, oceanblues said:

I am scared as heck that I have to face this lawsuit.

The SOL expiring does not mean they won't try to sue again.  What it means is you would have a GOLD plated defense in that the SOL is expired.  That is VERY easy for a lawyer to deal with and most would represent you on contingency (no cost to you) because it would be an FDCPA violation as well. 

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