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How to Resolve a Cavalry SPV I LLC Debt Lawsuit

George Simons | September 07, 2024

George Simons
Co-Founder of SoloSuit
George Simons, JD/MBA

George Simons is the co-founder and CEO of SoloSuit. He has helped Americans protect over $1 billion from predatory debt lawsuits. George graduated from BYU Law school in 2020 with a JD-MBA. In his spare time, George likes to cook, because he likes to eat.

Edited by Hannah Locklear

Hannah Locklear
Editor at SoloSuit
Hannah Locklear, BA

Hannah Locklear is SoloSuit’s Marketing and Impact Manager. With an educational background in Linguistics, Spanish, and International Development from Brigham Young University, Hannah has also worked as a legal support specialist for several years.

Fact-checked by Patrick Austin, J.D.

Patrick Austin
Attorney from George Mason
Patrick Austin, JD

Patrick Austin is a licensed attorney with a background in data privacy and information security law. Patrick received his law degree at George Mason University's Antonin Scalia Law School, where he served as the Editor-in-Chief for the National Security Law Journal.

Summary: Cavalry SPV I LLC is a debt collection company that purchases debts in bulk from credit card and loan companies at a discounted rate. If Cavalry SPV has contacted you about a debt, SoloSuit can help you request a debt validation, respond to a debt lawsuit, and settle your debt before going to court.

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 Services) 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, especially 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

Resolve 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.

Raise these affirmative defenses in your Answer to a Cavalry Portfolio Services lawsuit

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.

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 resolve debt with Cavalry is to file your written Answer in court. You might think you need a lawyer to help you draft your Answer, but finding 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:

  1. The Answer isn't the place to tell your side of the story in detail.
  2. Deny Deny Deny
  3. Include defenses
  4. Use standard formatting or “style”
  5. Include certificate of service
  6. Sign it
    7.

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 willing 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. Don't ever agree to a settlement that you know you can't realistically pay. This could end up causing you even more financial problems. For tips on how to settle your debt with Cavalry SPV, check out this video:

SoloSettle, powered by SoloSuit, is a tech-based approach to debt settlement. Our software helps you send and receive settlement offers until you reach an agreement with the collector. Once an agreement is reached, we’ll help you manage the settlement documentation and transfer your payment to the creditor or debt collector, helping you keep your financial information private and secure.

What is SoloSuit?

SoloSuit makes it easy to fight debt collectors.

You can use SoloSuit to respond to a debt lawsuit, to send letters to collectors, and even to settle a debt.

SoloSuit's Answer service is a step-by-step web-app that asks you all the necessary questions to complete your Answer. Upon completion, we'll have an attorney review your document and we'll file it for you.

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

>>Read the NPR story on SoloSuit. (We can help you in all 50 states.)

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Civil law legal definitions

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