Gurstel Law Firm, P.C. and Cavalry SPV I, LLC are the defendants in a proposed class action accusing the two defendants of unlawful debt collection practices.
According to the complaint, the defendants filed a lawsuit against the plaintiff, a Nebraska man, in an attempt to collect an alleged debt. The plaintiff responded by filing his pro se answer with the court, the case continues. The next day, the defendants allegedly served him a a “Requests for Admissions” letter that contained the following statement:
“… and to the extent that the statements or matters herein are not admitted, Plaintiff intends to proceed with an application for expenses and attorney’s fees pursuant to Rule §6-337(c).You are instructed that if you deny the truthfulness of any statements contained herein, for each said denial, specifically describe the reasons for said denial.”
The lawsuit alleges that this language failed to comply with state law requirements concerning an unrepresented consumer. The letter, according to the lawsuit, was “threatening and misleading” and failed to lawfully advise the plaintiff of his right to object to requests for admissions.
“Neither Nebraska statutes nor rules of procedure allow for the use of this language in Defendants’ Requests for Admissions,” the complaint reads.