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I'm being sued by Calvary SPC in Missouri, via an attorney…

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I'm being sued by Calvary...
I'm being sued by Calvary SPC in Missouri, via an attorney in Iowa.
The important details-
Credit card charged off 3/2011, last payment was sometime between 9/2010 and 12/2010. Citi does not have record since selling the debt, Calvary will no provide me with the information, nor will the law firm.
Calvary claims to have purchased the debt in 3/2017 and filed an complaint for Suit on Account on 10/31/17.
I was served 11/19. I filed an answer with affirmative defenses and counterclaim on 11/22 with the court and sent the same to the attorney for Calvary. Hearing is scheduled in 1/2018.
Affirmative defenses included the debt being time-barred, my income being exempt from collection and having no relationship with Calvary. Counterclaims included the same.They have not responded to my counterclaim, but I do not know if they are required to do so since it is being heard in associate court.
At my request, Calvary sent me a copy of the "proof", which was a statement from the original creditor from 4/2011. After requesting the case documents from the court, it appears this is the only exhibit filed with the complaint as well. The total due to Citi per the statement was $12,900, but the suit is for $3,900 for "credits for post charge off credits, payments and adjustments" that Calvary claims to have suffered in damages as an assignee. I have no information on where this amount came from.
I understand that I may have a valid claim of FDCPA violation, but I'm more concerned with ensuring the case is dismissed versus pursuing a claim against them.
Can I request a dismissal at this point? If not, what should I expect at court? Do I need to have a separate dismissal prepared for court if I included the request at the end of my answer?
Submitted: 6 months ago.Category: Legal
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Answered in 14 hours by:
12/22/2017
Lawyer: Ray, Lawyer replied 6 months ago
Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 48,124
Experience: 30 years in civil, probate, real estate, elder law
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Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

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Lawyer: Ray, Lawyer replied 6 months ago

I would file a separate motion to dismiss.You can argue they have failed to state a cause of action or provided a detailed accounting of their bill as required under the Federal Fair Debt Collections Act.You have good facts to do so.

I appreciate the chance to help you today.Good luck with Motion to Dismiss here.

If you can positive rate 5 stars it is much appreciated.

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Customer reply replied 6 months ago
If they had additional information to prove valid assignment of the debt to them from Citi or more detailed accounting of the bill, would that need to be submitted with the complaint, or can they submit additional information in court?Do that have to respond to my counterclaim prior to the court date?
Lawyer: Ray, Lawyer replied 6 months ago

They have to submit it to the court here in response to your motion to dismiss.If the case is not dismissed you would then be able to amend your counterclaim if necessary..See what response you get to your motion here, court might just grant this sure sounds like junk to me here.They don't have any information on how they got to their numbers.

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