Hi, I have been spending hours on end reading everyone who has gone through what I am going through currently but need some help and advice.
Background:
citibank forward card- defaulted (last payment made May 6 2015)
Amount in question: $9208.10
Cavalry bought debt and sent DV with proof through Gurstel Law.
Complaint filed May 6 2021 exactly 6 years of SOL from my research.
I have tried settling with Gurstel but only will accept over $7000 which I have denied.
I reside in Utah the complaint was filed in District Court in my county. I filed my answer the day after being served and filed MTC at the same time.
my answer defenses were as followed:
Debt ownership
The plaintiff is not the original owner of the debt and may not be able to prove that it rightfully owns the debt.
Laches, estoppel or unclean hands
The creditor/plaintiff waited too long to bring the claims, or
it is unfair for the creditor/plaintiff to bring the claims, or
the creditor/plaintiff behaved badly with regard to the alleged debt.
Mitigation of damages
Statute of Limitations
So I was worried that I wouldn’t get approved for MTC because of the credit agreement for Citibank says Small Claim court is not subject to arbitration and in Utah small claims is under 11k. However, the court Gurstel filed in is our District court not or county Justice court (I live in a rural town). Do I have a good chance to being granted MTC? I can’t afford an attorney and had one do a free consult and said they couldn’t find anything that may be sketchy but said I could retain them for 4-5k to help. I don’t have that money nor the money to settle with Gurstel or lose this court case. According to Utah credit card SOL is 6 years and from my reading up the clock starts at the last payment received by OC, which was May 6 2015 making May 6 2021, 6 years exactly. Which is why I added Laches to my answer. I haven’t had much luck reading up on people using this argument, but it feels like they waited till the last minute to do anything and causes prejudice to me as a defendant.
I tried in good faith to settle this debt with the creditor, the law firm barely communicates with me and I have asked to file for financial hardship and no one gets back with me. In my answer I put that I didn’t have enough information to agree or disagree and asked for discovery of documentation from the plaintiff. But they only served me with summon paperwork and complaint.
I really hope that the judge moves for Arbitration to stay out of court but I worry that due to the amount in question the Calvary won’t dismiss and will pay for the arbitration fees.
It really sucks that they technically made the complaint within the SOL, and just as we are getting out of the pandemic. I am a part-time working mom and worry they will garnish my wages and I’d hate to file bankruptcy just as my credit is getting some what better. I offered to settle for $2000 and denied it and want about 75% of a debt that is already so old. I just need reassurance that they might dismiss with my MTC.
thank you in advance!!!