If you ask how I win a lawsuit against Cavalry Portfolio Services, you have come to the right place. I am a consumer defense attorney in Louisville, Kentucky, and I always see debt-collection lawsuits.
Cavalry SPV I LLC collects debts for others as a debt collection company. Cavalry SPV I LLC also purchases debt defaulting for pennies on the dollar. Never send Calvary SPV I LLC a letter. When you write Cavalry a letter, it is often used as an admission in Court against you.
Who Does Cavalry Spv I SPV LLC Represent?
When Cavalry SPV I LLC services defaulted accounts as a debt collection agency, they act as servicers. When Cavalry SPV I LLC purchases debts, they can file a debt collection lawsuit in their name.
However, when they purchase the debt, they often have a more challenging time getting evidence into Court. It’s a numbers game where they usually win because no one works to litigate against them. They usually can’t afford to prosecute the case when they have a slight chance of collecting.
When Cavalry SPV I LLC owns the debt, they become more effective because they don’t have to ask for permission from the owner of the debt how to collect. Who does Cavalry SPV I LLC represent? Most often themselves.
But regardless of whether they service the debt or buy debt, they have problems providing the evidence in Court because they are not the original lender.
How to Win Vs. Cavalry SPV I LLC?
You can do four things when a debt collection company sues you. We will discuss the benefits and costs of each different tactic. Cavalry SPV I LLC is not the original creditor. When it purchases the debt, they don’t have the original records, and its evidence is often hearsay.
Ignoring the Lawsuit
Cavalry SPV I LLC will leave a negative item on your credit report. But they must win a lawsuit to garnish a bank account or wages. Until they win a lawsuit, they can only beg for payment. Cavalry SPV I LLC has to follow fair debt collection practices and the fair credit reporting act as a debt collector.
But if you sue them back and respond to the debt collection lawsuits they file, it makes it hard for them to collect. When you ignore the Court and let time pass, you often lose rights by not asserting the affirmative defenses.
If a consumer ignores a Cavalry portfolio services lawsuit, it will often win by default. Even if they did violate your rights, such as the fair debt collection practices act, any violation would expire within a year. The law only protects you if you prove debts are uncollectible or you sue plaintiffs back in Court.
When you fail to show, you essentially agree what they allege is accurate, and you should pay their attorney or the company all the money they are asking you to pay. The Court may grant them a default even if the statute of limitations has run on the creditor.
There are well over 100 different defenses and claims you can make. But if you don’t play in the game, you can’t win. Cavalry SPV I LLC often wins because people usually ignore the lawsuit. A Law firm will renew a judgment and attach homes, bank accounts, and wages up to 15 years later.
If you don’t have assets like a home or bank account, there is little they can do. If you have no attachable assets and only have a social security check ignoring Cavalry Portfolio Services is an option.
Negotiating a Settlement with Calvary Portfolio Services
First, you can negotiate a credit card debt with Cavalry SPV I LLC. But this may not be the best solution to handle debt. Most debt collection companies will not settle for less than 70%, even on old credit card debt. Debt collectors will agree to repay an account over time to settle the lawsuit. And Cavalry SPV I LLC is no different from any other debt collector.
But what do they want? What do you agree to? Cavalry SPV I LLC hopes to win by you signing what is essentially an agreed judgment. Then Cavalry SPV I LLC wins the easy way.
They will often offer a settlement to consumers. But the settlement terms are if you fail to pay on time, they will have a judgment that allows them the total amount plus interest and attorney fees. If you pay, they will delete the item from your credit file, which does more for clients when they need their credit to qualify for a mortgage.
Litigation, How to Win Against Cavalry SPV I LLC California?
Litigation is often the best way to buy time. Litigation starts by filing an answer with defenses and counterclaims. You may want to request arbitration of the alleged debt. Generally, drafting an answer yourself is a problem.
Which defenses do you use? What are the time limits? You must respond to debt collection lawsuits within 20 days in Kentucky and 30 days in other states. You want the case dismissed with prejudice, so it is never relitigated.
Cavalry SPV I LLC almost always will have some elements of a case with problems. Consumers have far more defenses to collections than business cases.
Requesting Arbitration
Almost every credit account will have a clause that requires the debt to be arbitrated. This is to ensure litigation is less expensive and a disadvantage to consumers. It keeps litigation out of Court when a collection account has a poor case.
When the debt is small, most collection agencies and law firms will consider settling rather than spending hundreds on mediation and arbitration fees. Requesting arbitration often means a debt collection company will dismiss the case independently.
Discovery
After the answer, you can ask Cavalry SPV I LLC 25 questions for 25 documents and 25 requests for admission. The courts will force them to answer when you file a motion to compel. If cavalry portfolio services sue you, their complaint alleged specific facts they must prove to win. When you properly ask these items, it lays the groundwork for a motion to dismiss.
How to Get a Lawsuit with Cavalry SPV I LLC Dismissed?
You can file a motion to dismiss at any time. The move to dismiss may be for an apparent violation, such as a statute of limitations problem. But it may be for some other element that shows the bank should not collect and you don’t owe a payment.
This may be anything from how you didn’t sign the loan to how companies failed to correctly calculate a payment under TILA. Summary judgments that can show there are no questions of fact remaining are the best method of dismissing and winning a case with Cavalry SPV I LLC.
Is Cavalry SPV I LLC Licensed to Collect Debt?
Often debt collectors are not even licensed to collect debts in the state they operate in. Many debt collectors fail to properly operate and ignore the law while explaining the law to you.
Litigation
Cavalry does not like going to trial. Winning a lawsuit with Cavalry LLC keeps this off your credit report. But litigating against an experienced law firm is complex, and some practices will take days at $250 an hour. Unless your law firm is experienced and knows how to properly litigate how this is not a debt owed by you, litigation should be avoided.
Plaintiffs win slightly over 50% of the time. This means you can win about 50% of the time against Cavalry. However, the cost of time and money may mean bankruptcy is cheaper.
Bankruptcy is What Calvary Spv I Llc Fears Most
All bankruptcy law firms have been required to call themselves debt relief agencies by the bankruptcy code since 2005. Don’t get confused. A “debt relief agency” may not be a law firm or have even one lawyer licensed to practice in bankruptcy court.
Some businesses advertise debt settlement or debt management services to confuse debtors into thinking the company is a law office. When you contact what you believe is a law office named something like Jones law group, there may not even be one lawyer in the office. These places which will prepare an answer can not provide legal advice. There is no attorney-client relationship you can rely on.
Chapter 7 Bankruptcy is the cheapest, often the fastest, and most complete method of dealing with a debt collector like Cavalry. If your FICO score is below 625, your credit report and FICO score will often improve.
Many times debt collection cases will mean the client owes not just one debt but will owe many collection agencies and needs to file bankruptcy. Chapter 7 will not just solve one problem but many, including improving your credit.
Free Consultation And Phone Calls
We review cases when a client owes calvary SPV. We constantly analyze your debt with calvary SPV to find the best solution. Most law firms offer free consultations which will analyze your debt situation. If you have been sued, contact us. We can investigate a complaint with clients in the office or often with phone calls if you are remote.
Contact Us to Learn About Cavalry SPV I LLC!
If Cavalry LLC has sued you, you are often better off contacting us in person so you can bring documentation with you. Each solution will have better or worse success based on your particular circumstances. If you have debt and credit bureaus are listing Cavalry SPV LLC on your credit report, we have experience with this company.
Resources for Bankruptcy
Louisville, Kentucky Bankruptcy Forms
Chapter 7 or 13 Bankruptcy Trustees and the 341 Hearing • Video
Filing Chapter 7 & Chapter 13 Bankruptcy • Video
Trustee Questions at the Bankruptcy 341 Meeting • Video
Western Kentucky Chapter 13 Bankruptcy Rules
If you are considering bankruptcy, don’t delay because timing is crucial. I am here to help you. So, contact my office immediately to start the conversation—Nick C. Thompson, Bankruptcy Lawyer: 502-625-0905.
