Are you worried about a Cavalry SPV I LLC debt lawsuit? Do you think you might lose your home or other assets? You may be able to win the case by following a few simple steps.
When you’re being hounded by debt collectors, it can be tough to know what to do. You may feel like you’re powerless against the might of a large company. Debt collectors can be relentless in their pursuit of payment. Oftentimes, they regularly deploy unethical, intimidating tactics to scare you into paying. This can include harassing phone calls, emails, and even legal action.
However, always know that you do have some rights. While there is no guaranteed way to win any lawsuit, there are some steps you can take to improve your chances of success.
What is Creditor Cavalry SPV I LLC?
Cavalry SPV I LLC (aka Cavalry Portfolio Servies) is a debt collection company. They specialize in purchasing debts in bulk from banks, credit unions, and other lending institutions at a discount. They then turn to the debtors to attempt to collect the debt by any means possible.
They are known to use harassing and abusive tactics to strong-arm debtors into paying the debt. If a consumer is unable to pay the debt, Cavalry SPV I LLC will often take them to court.
Know your rights if Cavalry SPV I LLC contacts you about debt
One known strategy debt collectors like SPV I LLC use is to take advantage of consumers’ lack of knowledge about their legal rights. The Fair Debt Collection Practices Act (FDCPA) is a federal law that protects consumers from abusive debt collection practices.
The FDCPA sets out certain rules that debt collectors must follow when contacting consumers.
Among other things, the FDCPA prohibits debt collectors from engaging in abusive or harassing behavior. This includes making threats, using obscene language, and contacting consumers at unusual or inconvenient times.
Specifically, the FDCPA states that debt collectors cannot:
- Use obscene or profane language
- Use any threat of violence or harm
- Call before 8 am or after 9 pm
- Contact you at work if they know that your employer doesn’t allow it
- Threatens to take legal actions against you.
- Contact a third party (like your employer, family, or friends) about your debt.
If you are being contacted by Cavalry SPV I LLC about a debt, always be sure to familiarize yourself with your rights under the FDCPA. This will help you protect yourself from abusive or harassing behavior and give you a better understanding of your legal options.
Win your debt collections lawsuit against Cavalry SPV I LLC
If you are served with a debt collection lawsuit by Cavalry SPV I LLC, you must act quickly and defend yourself. Firstly, when a company representative files a lawsuit against you, they must serve you with a copy of the Complaint. This is a document that outlines the allegations made against you.
You will have a limited time to respond to the Complaint (usually 21 days). If you fail to do so, the court may rule in favor of the debt collector by default.
When you respond, you should keep a few things in mind.
- Firstly, you should gather as much evidence as possible to support your case. This can include documentation of your debt, payment records, and communications with the debt collector.
- Never at any instance admit or take responsibility for the debt. Why? Because if you do, the creditor has a legal ground to come after the assets that are yours and the ones of your spouse.
- When you’re done with your Answer, file it with the Clerk of Court on time (in most cases, you only have 20-30 days after you have been served with the Complaint).
- After that, mail a copy of your Answer that the Clerk of Court stamped to Cavalry SPV I LLC.
Win Cavalry Portfolio Services by raising these affirmative defenses in your Answer
In your response to the lawsuit, you may also raise affirmative defenses. This means that you are not admitting to owing the debt but instead are raising legal reasons why you should not have to pay it.
Also, keep in mind that the debt collector (Cavalry SPV I LLC) is legally required to prove that you owe the debt. This means they must provide evidence such as account statements, contracts, and receipts. So, why not make them go through the hassle of gathering evidence and presenting it in a court of law.
If Cavalry SPV I cannot establish sufficient evidence to prove their allegations, then there is a good chance you will win the case.
The most common affirmative defense to raise in a debt collection lawsuit is the Statute of Limitations. You should check the statute of limitation in your state and include it as an affirmative defense in your lawsuit.
If you may ask, “What is the Statute of Limitations?” It is a time limit that a person has to file a lawsuit against someone or a company. The time limit is based on the state in which the person lives. You will be objecting to the suit on the grounds that the debt collector has not filed the case within the time limit allowed by law.
In addition to raising the Statute of Limitations, you may also want to consider filing a counterclaim against Cavalry SPV I LLC. If you can prove that the debt collector has violated certain provisions of the FDCPA, you may be able to recover damages and all your legal costs.
6 Tips for drafting a winning answer to your lawsuit against Cavalry Portfolio Service
To win your case against Cavalry SPV I LLC, you need to ensure that your Answer is well-drafted and thorough. You may feel overwhelmed at first, but don’t worry; we are here to help.
Here are some tips that will help you win your case:
1. Don’t narrate the events: This is not a memoir; you are writing an answer to a lawsuit. So don’t spend time telling your side of the story. Focus on the facts and nothing else.
2. Deny everything: This is the first and foremost thing you need to remember. When writing your Answer, deny all allegations made against you by the debt collector.
3. Raise affirmative defenses: As we mentioned before, you may want to raise affirmative defenses in your Answer. This will show the court that you are not admitting to owing the debt.
4. Use standard writing/formatting style: Make sure you use a standard format and writing style.
5. Include a certificate of service: This will prove that you have mailed a copy of your Answer to the debt collector.
6. Sign and date the Answer: Make sure you sign and date the Answer before filing it with the court.
How much will Cavalry settle for?
This is a difficult question to answer, as each case is unique. However, since Cavalry buys debts for pennies on the dollar, it is usually in their best interest to settle for a lower amount.
So, if you’re willing to pay off your debt but can’t afford to pay the full amount, you may want to consider settling with Cavalry. You should file your Answer in court, thereafter sending a settlement offer to Cavalry.
However, don’t ever agree to a settlement that you can’t afford to pay the debt in reality. If you do, you may end up in a worse position than before.
What if Cavalry SPV I LLC is suing me in Pennsylvania?
If you’re being sued by Cavalry SPV I LLC in the state of Pennsylvania, the first thing you need to do is file a written Answer. This is especially important if your case is in the Court of Common Pleas. If it’s in a Magisterial District Court, you can still file a written Answer, but you’ll also need to call the court and notify them of your Intent to Defend. Make sure you show up at any court hearings that are scheduled for your case. If you fail to do so, you may end up with a default judgment.
What if Cavalry SPV I LLC hasn’t sued me yet?
Sometimes before Cavalry SPV I LLC sues a consumer, they send a letter demanding payment. This is known as a “collection letter.” This letter is an attempt by the debt collector to get you to pay off your debt voluntarily.
If you receive a letter from Cavalry SPV I, LLC, you should immediately send them a Debt Validation Letter. This is a letter asking the debt collector to prove that you actually owe the money they are requesting from you. So until then, they are by law not allowed to harass you or contact you in any way.
Conclusion
Debt collectors like Cavalry SPV I LLC can be intimidating and overwhelming. However, by familiarizing yourself with the law and following these simple tips, you can increase your chances of winning your case.
