How to beat Cavalry SPV I LLC in a Debt Lawsuit

George Simons

August 13, 2020

If you are the swimmer, and Cavalry SPV I LLC is the Gator, then SoloSuit is the Elbow-Drop Guy.

Summary: Sued for a debt by Cavalry SPV I LLC? This guide is for you. Use SoloSuit to respond in 15 minutes.

Being hounded by a debt collection agency like Cavalry SPV I LLC is oftentimes a stressful, gut-wrenching and frustrating experience. Why? Because debt collectors routinely deploy unethical, inappropriate and borderline harassing tactics to try and get you to pay back the alleged outstanding debt. This means they will call you on the phone multiple times per day and mail correspondence to your home filled with false promises or even threats.

If you never heard of Cavalry SPV I LLC and are surprised when they allege you owe them money, you are not alone. You probably did not take out a loan or make a purchase directly from Cavalry. You may be asking yourself, “So, why do they claim I owe them money?” Well, it is because Cavalry SPV I LLC is a purchaser of charged off debt. This means Cavalry SPV I LLC reaches out to other companies and offers to buy their charged off debt at a discounted rate. Cavalry then turns around and files a myriad of debt collection lawsuits against consumers in an effort to try and collect on the full amount owed.

If you've received multiple phone calls and letters from a Cavalry SPV, or were served with a collection lawsuit, take action by utilizing the resources available through Solo Suit. We are here to help consumers being subjected to debt collection lawsuits. We've compiled relevant information that helps demystify the process associated with debt collection lawsuits so you know what to expect and what steps you should take to protect your rights against a debt collection company like Cavalry SPV I LLC .

Understanding Your Rights When Contacted by Cavalry SPV I LLC for an Alleged Outstanding Debt

Cavalry SPV I LLC routinely tries to take advantage of consumers by preying on their lack of knowledge of the rights afforded to consumers, and the limitations placed on debt collectors, under the Fair Debt Collection Practices Act (FDCPA). For example, here are just a few of the prohibitions placed on debt collectors under the FDCPA:

  • A debt collector is prohibited from using vulgar and offensive language when speaking to you over the phone
  • A debt collector is prohibited from threatening you with legal action.
  • A debt collector is prohibited from calling you at your home or mobile phone prior to 8:00 A.M or after 9:00 P.M.
  • A debt collector is prohibited from contacting you at work

How to Defend Yourself If You are Sued by Cavalry SPV I LLC in a Debt Collection Lawsuit

If you are served with a debt collection lawsuit by a representative of Cavalry SPV I LLC, it is important to take action and respond to the lawsuit. First and foremost, when Cavalry SPV files a debt collection lawsuit, they will file a formal “Complaint” against you. Keep in mind, when Cavalry files the lawsuit in court, they have a legal obligation to formally serve you with a copy of the Complaint.

When you are served with the Complaint, the proverbial clock begins to run on the amount of time you have to file your response (i.e. your “Answer”) to the lawsuit. Here are helpful tips on how to effectively draft your Answer:

  • Never admit being liable for the alleged debt. Why? Because Cavalry SPV bears the burden of establishing that you actually owe the outstanding debt.
  • File your Answer with the Clerk of Court on time (in most debt collection cases, you need to file your Answer within 20 or 30 days after you are served with the Complaint).
  • Mail a copy of your Answer that was stamped by the Clerk of Court to Cavalry SPV I LLC.

SoloSuit makes it simple to respond the right way.

How to Beat Cavalry SPV - Affirmative Defenses to You Should Raise in Your Answer

When you respond to Cavalry SPV's Complaint, you have the opportunity to highlight the serious deficiencies and shortfalls in the lawsuit. Also, make sure to keep in mind that, in a debt collection lawsuit, the debt collector carries the burden of proof in establishing liability for the amount owed...not you. Basically, this means the debt collector carries the legal burden to establish the following:

  1. You are the individual responsible for the debt;
  2. The debt collector possesses the legal right to sue you; and
  3. You actually owe a specific amount to Cavalry SPV I LLC

If Cavalry SPV lacks sufficient evidence to prove these legal elements, then there is a good chance you will prevail in court against this debt collector.

SoloSuit helps you make the right defense the right way.

If applicable, you should also consider raising the statute of limitations as an affirmative defense. You may be asking, “What the heck is a statute of limitations?” Well, the statute of limitations is essentially the amount of time someone has to file a lawsuit against another person or company. If the facts of your case indicate that Cavalry SPV is suing you on a debt where the applicable statute of limitations has expired, then you can file a motion to have Cavalry's lawsuit dismissed with prejudice.

In addition to the statute of limitations as a way of defeating Cavalry, you should also consider the possibility of filing a “Countersuit” or “Counterclaim” if you have evidence that Cavalry SPV I LLC violated a provision of the FDCPA. If you have this type of evidence, you could be eligible for compensatory damages and reimbursement of your legal fees.

To learn more, view the resources and information available on SoloSuit.

Overview of SoloSuit

SoloSuit takes the mystery out of responding to a debt collection lawsuit. Here is how it typically works - SoloSuit is a step-by-step web-app that asks you specific questions. Once you answer these specific questions, you can either print the completed forms and mail in the hard copies to the courts or you can pay SoloSuit to file it for you and to have an experienced and knowledgeable attorney review the document.

Respond with SoloSuit

"First time getting sued by a debt collector and I was searching all over YouTube and ran across SoloSuit, so I decided to buy their services with their attorney reviewed documentation which cost extra but it was well worth it! SoloSuit sent the documentation to the parties and to the court which saved me time from having to go to court and in a few weeks the case got dismissed!" – James

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>>Read the FastCompany article: Debt Lawsuits Are Complicated: This Website Makes Them Simpler To Navigate

>>Read the NPR story on SoloSuit: A Student Solution To Give Utah Debtors A Fighting Chance

If you need help in responding to a debt collection lawsuit, consider utilizing SoloSuit. What is SoloSuit? Take a moment to review these FAQs to learn more.

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Overview of What To Do If You are Taken to Court by Cavalry SPV I LLC

Here is an overview of what you need to do if you are sued by Cavalry SPV I LLC

  • Take note of any phone calls made before 8:00 A.M. or after 9:00 P.M, any phone calls made to your place of work, and any use of vulgar or inappropriate language.
  • Make sure you file your Answer within the timeframe provided by the Court.
  • In your Answer responding to Cavalry SPV's Complaint, make sure to raise affirmative defenses (e.g., the statute of limitations) and demand that the debt collection company provide proof of the specific amount owed. These are strategies you can use to defeat Cavalry SPV in court. Also, you should consider filing a countersuit or counterclaim for any violations of the FDCPA.

Best of Luck!

Additional Resources

Tips on you can to file an FDCPA lawsuit against a debt collection agency

Advice on how to answer a summons for debt collection.

Effective strategies for how to get back on track after a debt lawsuit.

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