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Cavalry SPV I, LLC, As Assignee of GE Money Bank , Plaintiff, v. John Doe, Defendant. ANSWER
DEFENDANT JOHN DOE, as an for an Answer to the Complaint states as follows: 1. 2. Denies knowledge sufficient to admit or deny the allegations in 1 & 2 of the Complaint. Denies the allegations of 3 8 of the Complaint.
3. 4. 5. 6. 7. 8.
Plaintiffs assignor, GE Money Bank allegedly purchased the putative account from Lowes Companies, Inc. (Lowes). At the time of any alleged breach of contract on the putative account, Lowes would have been the original creditor. (EXHIBIT A) Lowes Corporation is a North Carolina corporation. (EXHIBIT B) The statute of limitations for revolving credit card accounts in North Carolina is three (3) years. N.C. Gen. Stat. 1-46 et. seq. More than three (3) years has elapsed since the alleged breach of contract occurred. The Plaintiffs complaint and cause of action are thus time-barred in New York. See Portfolio Recovery Associates v. King, 14 NY3d 410 (2010) and Windsearch v. Delafrange, 90 AD3d 1223 (3rd Dept. 2011).
9.
Because the Plaintiffs complaint is time-barred, the Court lacks jurisdiction to hear and adjudicate this matter.
10.
Defendant is not in default to Plaintiff on the alleged account, nor to Plaintiffs assignor.
DEFENDANTS 5th AFFIRMATIVE DEFENSE 13. Plaintiff's claims are barred by Payment, Anticipatory Repudiation, Accord and Satisfaction, Statute of Frauds, Failure of Consideration.
20.
The Plaintiff has attached to its complaint a statement seeking to collect on a loan with a rate greater than SIXTEEN percent (16%) per annum, in violation of N.Y. Gen. Oblig. Law 5-501. Accordingly, the alleged contract would be illegal and void. N.Y. Gen. Oblig. Law 5-511.
22.
Plaintiff is in violation of or has failed to comply with New York General Business Law 601 (8). DEFENDANTS 15th AFFIRMATIVE DEFENSE
23.
Defendant reserves the right to add additional affirmative defenses revealed through the course of discovery.
WHEREFORE, Defendant JOHN DOE prays for a decision, order and judgment dismissing the Plaintiffs complaint in its entirety with prejudice, and for whatever other relief this Court deems just, equitable, right and proper. Dated: May 20, 2013 .. John Doe, Defendant Address Phone No. VERIFICATION
JOHN DOE, being duly sworn, deposes and says that deponent has duly read the foregoing Amended Answer dated May 20, 2013, and knows the contents thereof; that the same is true to deponents own knowledge, except as to the matters therein stated to be alleged on information and belief, and that as to those matters deponent believes it to be true. This verification is made by deponent pursuant to CPLR 3020. The grounds for deponents belief as to all matters not stated upon deponents personal knowledge are based upon matters of public record and knowledge, the deponents records and the plaintiffs records, and the records of third parties.
____________________________ JOHN DOE Sworn to before me on May 20, 2013 ___________________________________ Notary Public State of New York