CITY COURT CITY OF SCHENECTADY COUNTY OF SCHENECTADY STATE OF NEW YORK

Cavalry SPV I, LLC, As Assignee of GE Money Bank , Plaintiff, v. John Doe, Defendant. FIRST SET OF INTERROGATORIES Court Index No. ###

The Defendant JOHN DOE (Defendant) pursuant to New York CPLR Article 31, requests that Plaintiff CAVALRY SPV I, LLC (Plaintiff), answer the following interrogatories separately, fully and completely, in writing and under oath within twenty (20) days of service hereof:

DEFINITIONS
A. B. C. D. E. F. Acquiring Bank: A bank that contracts with merchants to accept, process, and settle credit card transactions. Associations: The organizations that provide rules, advertising, and settlement services. Authorization: The process of obtaining permission from the issuing bank to accept the card for payment. Cardholder: A person to Whom a cardholder has been issued. Cardholder Agreement: A written, legal contract between the issuer and the cardholder. It contains the terms of the account and a schedule of various fees. Fedwire: The Federal Reserve Banks nationwide real-time gross settlement electronic funds and securities transfer network. It is a credit transfer system. Each funds transfer is settled individually against an institutions reserve or clearing account on the books of the Federal Reserve. The issuing bank pays the Association using Fedwire. To use Fedwire, a bank must hold an account at the Federal Reserve Bank and settlement is drawn from the account. The issuing bank makes payments by sending a message over Fedwire that authorizes the Federal Reserve Bank to electronically debit the banks Federal Reserve Bank account for the net settlement amount and transfer the funds to the settlement bank. The

transfers are essentially instantaneous. The settlement bank then pays the merchant bank using Fedwire. G. Interchange: The exchange of transaction data, information, and money between acquiring and issuing institutions participating in a payment network and in accordance with the Associations by-laws and rules. Issuers: Financial institutions that supply (issue) cards to cardholders for use in performing transactions. Merchants: Sellers of goods, services, and/or other information who accept credit cards as payment for these items. They have a signed merchant agreement to honor credit cards and display the service mark. Merchant Processing: The routing of electronic transmissions from merchants through the payment network for clearing and settlement. It is a separate and distinct business line from credit card issuing. Merchant processing activity is, for the most part, off-balance sheet and involves gathering sales information from the merchant, collecting funds from the issuing bank, and paying the merchant. Point-of-Sale Transactions: Face-to-Face transactions in which the cardholder uses the physical card at a merchants physical place of business. Securitization: The process by which financial assets are transformed into securities.

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M. Settlement: As the card sales transaction value moves from merchant to acquiring bank to issuer, each party buys and sells the sales ticket. Settlement is what occurs when the acquiring bank and the issuer exchange funds during that process.

INTERROGATORIES
1. 2. 3. 4. 5. 6. What is the Plaintiffs address and phone number? What is the Plaintiffs assignors address and phone number? Is there a Cardholder Agreement setting forth the material terms of the account being sued upon in this action? What Truth in Lending Act disclosures did the Plaintiffs assignor provide to the Defendant prior to the issuance of the credit card account? What additional Truth in Lending Act disclosures did the Plaintiffs assignor provide to the Defendant in monthly statements? If the terms of the account agreement were changed please state the changed terms, the date of the change in terms and the manner in which the change in terms was communicated to the Defendant. 2

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If you contend that the Plaintiffs assignor extended credit to the Defendant identify the date the credit was extended, the amount of the credit was extended and the source of the credit that was extended. Did the receivable arising from the use of the credit card account serve as the basis of a securitization? If you contend that the receivable arising from the use of the credit card account did not serve as the basis of a securitization, identify the source of the funds used by the Plaintiff for settlement of the point-of-sale transactions on the account through Fedwire. For each agreement you contend was offered to and accepted by the Defendant, including but not limited to the original account agreement, any amendment to the agreement, any notice of any change in terms of the agreement, or any schedule of interest rates or fees applicable to the account, explain how the agreement was offered to and accepted by the Defendant. Explain how each document containing the terms of any agreement for the account or reflecting any amount due on the account was delivered to the Defendant, including but not limited to, the original account agreement, any amendment to the agreement, any notice of a change in a term of the agreement, any schedule of interest rates or fees applicable to the account, any credit card issued in connection with the account, and any statement of payments, charges, fees or interest for the account. Include in your explanation the date the document was delivered and a description of the manner in which it was delivered, including, if the document was delivered by the Postal Service or other courier, the location to which it was addressed and Whether the document was returned undelivered. For each document you contend applies to the subject credit card account and that does not contain the Defendants identifying information, such as the Defendants name, social security number, account number, or signature, explain how you know the document applies to the account. For each documented point-of-sale transaction(s) you contend applies to the account and was created by someone other than you or assignor, such as a merchant(s) or acquiring bank(s), identify the source of the documentation by stating the date you or assignor obtained the documentation and identify the person from whom you or assignor obtained the documentation. Identify the consideration supporting the payment obligation of the Defendant under the terms of the cardholder agreement. Identify with particularity the damages the Plaintiff or assignor suffered as a result of the Defendants failure to pay on the account. If the Plaintiffs assignor contends that it loaned the Defendant money or advanced money to any third party when the Defendant used the credit card account, identify the source of the money used by the Plaintiffs assignor for settlement. 3

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Did the Plaintiffs assignor adhere to Generally Accepted Accounting Principles (GAAP)when it established the credit card account in the name of the Defendant? Did the Plaintiffs assignor adhere to the Board of Governors of the Federal Reserve Systems policies and procedures for the issuance of credit cards? Does the Plaintiff or its assignor agree that the intent of the cardholder agreement requires that only the party who provided the money that funded the settlement of the point-of-sale transactions is to be repaid the money plus the agreed upon interest? According to the terms of the cardholder agreement does the Plaintiff or its assignor agree that Generally Accepted Accounting Principles (GAAP) were to be followed, including the matching principle as outlined in GAAP? Pursuant to CPLR Rule 3018, what are the names and post office addresses of the Plaintiffs chief executive officer, the chief financial officer, and the officer (s) or executive(s) who is/are responsible for the negotiation and acquisition of credit card receivable assignments from original creditors? Please provide the foregoing information regardless of what titles these individuals may have within Plaintiffs organization. What are the names, post office addresses, phone numbers and any other contact information of the Plaintiffs assignors officer(s) or executive(s) who assigned the subject credit card receivables to the Plaintiff? Please provide the foregoing information regardless of what titles these individuals may have within Plaintiffs assignors organization.

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Dated:

April 8, 2013

.. John Doe, Defendant Pro Se Address Phone No.