How to beat Cavalry SPV I LLC in a Debt Lawsuit
George Simons | October 19, 2022
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.
What is Cavalry SPV I LLC?
Cavalry SPV I LLC (aka Cavalry Portfolio Servies) is a debt collection company that purchases debts in bulk from credit card and loan companies 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. This way, they pay pennies for the debt and profit hugely when consumers pay the debt off to them.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 SoloSuit. We are here to help consumers who are 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 .
To make sure you're taken seriously in court, keep in mind that it's Cavalry, not Calvary. Be sure to spell and pronounce the company's name correctly (the 'v' comes first in Cavalry SPV I LLC). This is a common mistake among consumers who are sued by Cavalry Portfolio Services.
Know your rights if Cavalry SPV I LLC contacts you about debt
Cavalry SPV I LLC routinely tries to take advantage of consumers by preying on their lack of knowledge of consumer rights and the limitations placed on debt collectors. Under the Fair Debt Collection Practices Act (FDCPA), consumers are protected from abusive and manipulative debt collection tactics. For example, the FDCPA declares that debt collectors cannot:
- Use vulgar, offensive, or threatening language when speaking to you over the phone
- Threaten you with legal action.
- Call before 8:00 A.M or after 9:00 P.M.
- Call you excessively with the intent to annoy, abuse, or harass
- Contact you at work, epsecially if your employer doesn't allow such communications.
- Falsely represent themselves as attorneys, or falsely represent the debt in terms of amount, legal status, and character
- Discuss the debt with anyone other than you, your spouse, your attorney, or the creditor
Win your debt collections lawsuit against Cavalry SPV I LLC
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.
Beat Cavalry Portfolio Services by raising these affirmative defenses 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:
- You are the individual responsible for the debt;
- The debt collector possesses the legal right to sue you; and
- 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.
You should also check the statute of limitations on debt in your state and include it as an affirmative defense in your Answer. 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.
Draft a winning Answer to your lawsuit against Cavalry Portfolio Services
The first step to beating Cavalry is to file your written Answer in court. You might think you need a lawyer to help you draft your Answer, but finidng an attorney can be super expensive and difficult. You can represent yourself and draft an Answer with SoloSuit's help.
Here are 6 tips to drafting a winning Answer to your debt lawsuit:
- The Answer isn't the place to tell your side of the story in detail.
- Deny Deny Deny
- Include defenses
- Use standard formatting or “style”
- Include certificate of service
- Sign it
Learn more about these tips in the video below. SoloSuit's founder breaks down all 6 tips and gives examples here:
How much will Cavalry settle for?
Since Cavalry purchases debts from original creditors for pennies on the dollar, they are usually wiling to settle a debt for less than the original amount on the account. In fact, most collection agencies and companies operate like this.
If you want to pay off your debt, but you can't afford to, you should file your Answer in court and then reach out to Cavalry to negotiate a settlement. Negotiating a settlement might seem intimidating at first, but you should be honest and upfront with Cavalry about your financial situation. Dpn't ever agree to a settlement that you know you can't realistically pay. This could end up causing you even more financial problems. To reach a settlement with Cavalry, consider these tips:
Reaching a settlement with Cavalry is totally possible. Send them a Debt Lawsuit Settlement Letter to begin the process of settling.
What is SoloSuit?
SoloSuit is a step-by-step web-app that asks you specific questions about your debt and uses your answers to generate an automatic Answer document. You can either print the completed Answer form and mail in the hard copies to the courts yourself, or you can pay SoloSuit to file it for you and to have an experienced and knowledgeable attorney review the document before sending it off.
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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What if Cavalry SPV I LLC is suing me in Pennsylvania?
Cavalry debt lawsuits cases are pretty common in the state of Pennsylvania. You can still win by following the tips and tricks listed above. The first step is filing a written Answer, especially if your case in the Court of Common Pleas. If your case is in a Magisterial District Court, you can still file a written Answer, but be sure to call the court and give them a notice of your Intent to Defend. Then, make sure to show up at any court hearings that are schedule for your case. Failure to show up may result in a default judgment.
What if I haven't been sued yet?
If you've only received a collections notice, but not a lawsuit, the best way to respond is with a Debt Validation Letter. When a debt collector contacts you in any way, whether it's by phone or mail, you can respond with a Debt Validaiton Letter. This letter notifies the collector that you dispute the debt and requires they provide proof you owe the debt. They can't call you or continue collecting until they provide validation of the debt. This flowchart shows how you can use a Debt Validation Letter to win.
Learn more about the Debt Validation Letter here.
Get started with a Debt Validation Letter here.
Takeaways for when you're sued by Cavalry SPV
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
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