Who is Cavalry SPV?
Cavalry SPV, Cavalry Portfolio Services, Cavalry… all subsidiaries of the same parent company. In a nutshell, Cavalry is a junk debt buyer. They are a formidable opponent, one that we deal with on a weekly, if not daily basis. They file lawsuits in Pennsylvania like no one’s business. They file lawsuits at the Magistrate/District Justice level and also in the Court of Common Pleas.
What should you do if you’ve been sued by Cavalry?
In most cases, the answer is to hire a consumer attorney and defend the case. Cavalry often lacks sufficient documentation/evidence to beat you in court. They rely on the fact that 90% of people whom they sue either put their heads in the sand and do nothing (and allow a default judgment to occur) or they get scared and call Cavalry to settle. These are both wrong choices.
As mentioned above, Cavalry often lacks the requisite proof to beat you in court. These debt buyer cases are based upon documentation and they need lots of it. They have to produce monthly statements showing all charges, all terms and conditions and they have to produce a contract showing that they bought your specific account from the original creditor. Because they buy this debt so cheaply (often for 1 to 3 pennies on the dollar) they often do not receive much in the way of evidence or documentation from the original creditor.
The other thing that you should do is get a current copy of your credit report. Get a “real” report from www.annualcreditreport.com, please don’t use those gimmicky sites that you see on tv or hear about on the radio. The point of the credit report is to try to determine the actual date of the last payment on the account. Most of these Cavalry cases are very old and are at or near the Statute of Limitations. If Cavalry has sued you on an account that is beyond the statute of limitations, you may possibly have a claim against them.
How much does it cost to defend a Cavalry case?
Unfortunately, there is no stock answer to this question. Cavalry has a choice to make when filing a lawsuit…namely, which court are they going to file in? Claims that are under $12,000 can be filed at your local magistrate. The cost to defend these cases is usually in the range of a few hundred dollars, depending upon certain factors. We try to make these cases as economical for our clients as possible.
Cavalry can also file its lawsuits in the Court of Common Pleas. This is a higher level in the court system. At this level, there is a good bit more work to be performed by our firm. There can be multiple court appearances, motions court, briefs, arguments, and potentially a hearing. The fee at the Common Pleas level is certainly higher than at the District Justice level but still takes the form of a “flat fee” billing. We choose to “flat fee” these cases so that our clients can know the cost of litigation before they hire us. Cost certainty makes it much easier to make a decision as to how to deal with a case.
What if Cavalry violated my rights?
Cavalry is as good of a debt buyer as any of the others. That being said, there are times where they make mistakes. Sometimes, they sue you in the wrong jurisdiction. Other times, they may sue you on a debt that is beyond the statute of limitations or sue you for the wrong amount. We’ve also seen instances where their collection letters have disclosed improper information and a few other violations as well. If one of these violations has occurred, then we can file a claim on your behalf under the Fair Debt Collection Practices Act (FDCPA). The FDCPA is a very powerful law that allows consumers like you to have protections from abusive debt collection practices. If you have a claim against Calvary or against any other debt collector, there will be no out of pocket cost for your claim against that debt collector. Yes, you read that right. No out of pocket cost to you to sue a debt collector. This is because the FDCPA mandates that the debt collector pay your reasonable attorney fees for any claims that are filed against debt collectors. We use the FDCPA to protect our clients on a daily basis.
If you have been sued by Cavalry, or if you have received a phone call or collection letter from them, please contact our office today at 412-823-8003 for a free, no obligation consultation.