Hello, everyone.
I was served out of the blue in April from a company I have never heard of.
I am being sued by Cavalry SPV I LLC for more than 10,000.
I go back an forth between panic, and the strong urge to fight back.
After I was served, I filed a motion to dismiss and then the next day I filed an Answer and an Appearance.
I live in Illinois.
I make $13,000 a year, have no assets except a car (with very negative equity), and I'm on SNAP and Medicaid.
(The upside is that court filing is waived for me...)
I ran across this website a few days ago, and read everything I could find but there is SO much information and now I have a
headache. I could use any thoughts you all could spare and a fresh bunch of eyes wouldn't hurt.
I saw these around everywhere, so I figure I'm supposed to answer these, right?
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.)
Blitt and Gaines
3. How much are you being sued for?
A little more then 10,842.12 plus costs
4. Who is the original creditor? (if not the Plaintiff)
Citibank
5. How do you know you are being sued? (You were served, right?)
Served
6. How were you served? (Mail, In person, Notice on door)
Man at the door handed the papers to me.
7. Was the service legal as required by your state?
I think so.
8. What was your correspondence (if any) with the people suing you before you think you were being sued?
None that I can recall.
9. What state and county do you live in?
Clinton County, Illnois
10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations)
I lost my Job in April 2016, stopped paying all accounts in July 2016... except my car because I need a car to find a job.
11. What is the SOL on the debt?
10 years on written contracts in IL, 5 on revolving accounts like credit cards.
12. What is the status of your case? Suit served? Motions filed?
Suit Served. I have a "hearing on all motions on July 24th". I have filed a Motion to dismiss with prejudice, then a day
later I filed an answer and an appearance. I recieved the "plaintifs response to defendant's motion to dismiss" this morning
and I am working on a motion to strike the affidavit which I hope to file this week. I think, after that I will start working
on Discovery and then what???
13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?)
Didn't know the collection agency, so No
14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't
bother doing this now - it's too late.
No
15. How long do you have to respond to the suit? (This should be in your paperwork).
I responded within the required 30 days with the motion, the answer and the appearance. I dont know if their is a time limit for the motion to strike the affidavit.
16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they
attached as exhibits.
Affidavit from their employee saying she reviewed their records and knows how they do buisiness and the last statement from OC.
I am attaching all records if I can...
I'll take any thoughts or ideas you have! What would you do next???
Thank you!
