On December 07, 2018 a
Answer
was filed
involving a dispute between
Cavalry Spv I Llc,
and
Patricia Olson,
for Other Matters - Consumer Credit (Card) Debt Buyer Plaintiff
in the District Court of St. Lawrence County.
Preview
WS WS en NO. EFCV-2018-0154323
NYSCEF, Du NO. 5 court RECEIVED NYSCEF: 01/08/2019
COUNTY OF Part:
Calyazu sev _} Uc Plaintiff(s) WRITTEN ANSWER
CONSUMER CREDIT TRANSACTION
aa aa Olson Defendant(s) Index Number: “ FC V- ok ol 3] 323,
ANSWER: (Check all that apply)
1 1 General Denial: | deny the allegations in the Complaint.
SERVICE
2 0 I did not receive a copy of the Summons and Complaint.
3 1 I received the Summons and Complaint, but service was not correct as required by law.
DEFENSES
Lit is not my debt. | am a victim of identity theft or mistaken identity.
| have paid all or part of the alleged debt.
01! dispute the amount of the debt.
Ct had no business dealings with Plaintiff (Plaintiff lacks standing).
L There is no record of plaintiff having a license to collect debt (only for cases filed in New York City, Buffalo and =
other municipalities requiring debt collectors to be licensed).
(1 Plaintiff does not allege a debt collector's license number in the Complaint (only for cases filed in New York
City, Buffalo and other municipalities requiring debt collectors to be licensed).
10. Statute of limitations (the time has passed to sue on this debt)
11 (I This debt has been discharged in bankruptcy. om
12 i The collateral (property) was not sold at a commercially reasonable price.
13 D Failure to provide proper notice before selling collateral (property). pa Sn
Failure to mitigate damages (Plaintiff did not take reasonable steps to limit damages). oo
14,
15. 1 Unjust enrichment (the amount demanded is excessive compared with the original debt)
aa
16 D1 Violation of the duty of good faith and fair dealing. na
17, 1 Unconscionability (the contract is unfair). 8
18. C1 Laches (plaintiff has excessively delayed in bringing this lawsuit to my disadvantage).
19-a. [[] OUTSIDE OF NEW YORK CITY ONLY: Lack of personal jurisdiction under Uniform City Court Act § 213 (applies if i
you do not work in the city where the case was filed and you are not a resident of that city or (for all counties
except Westchester and Nassau counties) you are not a resident of a town next to that city within the same i
county).
19-b. [] SUFFOLK COUNTY: Lack of personal jurisdiction; the defendant is not a resident and/or was not served in, or
there was no transaction of business in, that portion of Suffolk County for which a District Court has been
established (Towns of Huntington, Babylon, Islip, Smithtown and Brookhaven).
20. [] Defendant is in the military.
OTHER
WO1b Lily 4o set Lp peamort wlth AMveemnrnd—
21,
22. o
Other Reasons
Please take no’ tice that my only source of income is
COUNTERCLAIM(S)
which is exempt from collection.
23. 1 Counterclaim(s): $. Reason:
VERIFICATION
Ss dasui
te of New York, County ofST aurence St _ss
Bebmveicn $4 being duly sworn, deposes and says: | have read the Answer in Writing and know
the contents to be true from my own knowledge, except as to those matters stated on information and belief, and as to
those matters | believe them to be true.
Sworn to before me this _T day of _Tarvuucuy 2019 .
6n_5 Ge Signature of Defendant
Notary Public Defendant’s
Address: 33 BO,
This case is scheduled to 2p, pear on the court calendar as follows: (ale
uaa
S BEL DOCK i! Room: Time: Both sides notified: Yes No
aa hen oaaiee we Ucs-cc-DevisedQ}11/15)
Sh Gostted
i 8 Lenrencs Coat
lof 1
Document Filed Date
January 08, 2019
Case Filing Date
December 07, 2018
Category
Other Matters - Consumer Credit (Card) Debt Buyer Plaintiff
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Preview
WS WS en NO. EFCV-2018-0154323 NYSCEF, Du NO. 5 court RECEIVED NYSCEF: 01/08/2019 COUNTY OF Part: Calyazu sev _} Uc Plaintiff(s) WRITTEN ANSWER CONSUMER CREDIT TRANSACTION aa aa Olson Defendant(s) Index Number: “ FC V- ok ol 3] 323, ANSWER: (Check all that apply) 1 1 General Denial: | deny the allegations in the Complaint. SERVICE 2 0 I did not receive a copy of the Summons and Complaint. 3 1 I received the Summons and Complaint, but service was not correct as required by law. DEFENSES Lit is not my debt. | am a victim of identity theft or mistaken identity. | have paid all or part of the alleged debt. 01! dispute the amount of the debt. Ct had no business dealings with Plaintiff (Plaintiff lacks standing). L There is no record of plaintiff having a license to collect debt (only for cases filed in New York City, Buffalo and = other municipalities requiring debt collectors to be licensed). (1 Plaintiff does not allege a debt collector's license number in the Complaint (only for cases filed in New York City, Buffalo and other municipalities requiring debt collectors to be licensed). 10. Statute of limitations (the time has passed to sue on this debt) 11 (I This debt has been discharged in bankruptcy. om 12 i The collateral (property) was not sold at a commercially reasonable price. 13 D Failure to provide proper notice before selling collateral (property). pa Sn Failure to mitigate damages (Plaintiff did not take reasonable steps to limit damages). oo 14, 15. 1 Unjust enrichment (the amount demanded is excessive compared with the original debt) aa 16 D1 Violation of the duty of good faith and fair dealing. na 17, 1 Unconscionability (the contract is unfair). 8 18. C1 Laches (plaintiff has excessively delayed in bringing this lawsuit to my disadvantage). 19-a. [[] OUTSIDE OF NEW YORK CITY ONLY: Lack of personal jurisdiction under Uniform City Court Act § 213 (applies if i you do not work in the city where the case was filed and you are not a resident of that city or (for all counties except Westchester and Nassau counties) you are not a resident of a town next to that city within the same i county). 19-b. [] SUFFOLK COUNTY: Lack of personal jurisdiction; the defendant is not a resident and/or was not served in, or there was no transaction of business in, that portion of Suffolk County for which a District Court has been established (Towns of Huntington, Babylon, Islip, Smithtown and Brookhaven). 20. [] Defendant is in the military. OTHER WO1b Lily 4o set Lp peamort wlth AMveemnrnd— 21, 22. o Other Reasons Please take no’ tice that my only source of income is COUNTERCLAIM(S) which is exempt from collection. 23. 1 Counterclaim(s): $. Reason: VERIFICATION Ss dasui te of New York, County ofST aurence St _ss Bebmveicn $4 being duly sworn, deposes and says: | have read the Answer in Writing and know the contents to be true from my own knowledge, except as to those matters stated on information and belief, and as to those matters | believe them to be true. Sworn to before me this _T day of _Tarvuucuy 2019 . 6n_5 Ge Signature of Defendant Notary Public Defendant’s Address: 33 BO, This case is scheduled to 2p, pear on the court calendar as follows: (ale uaa S BEL DOCK i! Room: Time: Both sides notified: Yes No aa hen oaaiee we Ucs-cc-DevisedQ}11/15) Sh Gostted i 8 Lenrencs Coat lof 1