Author Topic: Sued by Cavalry  (Read 670 times)

0 Members and 1 Guest are viewing this topic.

NCas

  • Valued Member
  • Posts: 1
Sued by Cavalry
« on: September 28, 2017 04:50:59 AM »
Hello all,

Found out today that I'm being sued by Cavalry. It'll be held in Magistrate Court. I'm not sure if it's worth hiring an attorney given the amount I'm being sued for, so I'm assuming so far that I should try to do this myself, but I could definitely use some direction. Figured it couldn't hurt to try to get some here while I do some more research.  I think the first thing I'm supposed to do is submit an answer, but I'm not really clear on that yet. I'll post answers to questions I saw on other threads to start.

1. Who is the named plaintiff in the suit?  Cavalry SPV I LLC

2. What is the name of the law firm representing the Plaintiff?  Roosen Varchetti & Olivier - GA PLLC. The attorney is Cherice A. Tadday

3. How much are you being sued for? Round off the amount.  $1500

4. Who is the original creditor? (if not the Plaintiff) original creditors are major banks such as Citibank, Chase, Capitol 1, Wells Fargo, etc. If you see a name you don't recognize, like Midland, Portfolio, Cavalry, it is a "junk debt buyer."  Synchrony Bank

5. How do you know you are being sued? Were you properly served?  I received civil papers

6. How were you served? (Mail, In person, Notice on door)  Found a card taped to my front door to contact the sheriff's office, went down to the sheriff's office to receive them in person

7. What state do you live in?   Georgia - Cherokee County

8. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) This is very important, they often wait too long to file suit. No wild guesses please, that does not help.  March 2015 - I'm within the 6 year SoL


9. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. If not, you can find this in your state rules of civil procedure. Links are posted here under state laws.    My answer must be received by a clerk within 30 days


10. What documents, if any, did they send with the summons? 


1) There are what look like screen shots of card account pages.

2)   Bill of Sale:

Cavalry (X15S - PLCC 120 MP Bulk - December 2016

         For value received and in further consideration of the mutual covenants and conditions set forth in the Accounts Purchase Agreement (the "Agreement"), dated as December 9, 2016, by and between Synchrony Bank formerly known as GE Capital Retail Bank, RFS Holding Inc. and Retail Finance Credit Services, LLC., ("Seller") and Cavalry SPV I, LLC ("Buyer"), Seller herebby transfers, sells conveys, grants, and delivers to Buyer, its successors and assigns, without recourse except as set forth in the Agreement, to the extent of its ownership, the Accounts as set forth in the Notification File (as defined in the Agreement), delivered by Seller to Buyer on December 17, 2016, and as further described in the Agreement.

Signed by Attorney In Fact

3) Notification File - It's a small spreadsheet. On the right side of it is the last four digits of the account number, my name, last four digits of my SSN, my address, account open date, last payment date, and the amount owed.


11. Did they also send discovery? (Requests for Production of Documents, Requests for Admissions, Interrogatories)  No

I've never communicated with Cavalry. I don't have any letters they sent or phone history. I don't have a land line, and I use an app on my cell that automatically ignores numbers other people have marked as spam. I never bothered calling any of the ignored numbers back to see if it was a collector or someone offering me a "free cruise" or home security. My ideal goal is to get the case dismissed so the mark disappears from my credit report. A friend mentioned "pay for delete" today. Really wish I'd known about that sooner. I'm guessing trying that isn't an option now? If so, then I would just need to buy some time to get the money together - same if the best option is to settle.  Any guidance will be extremely appreciated!

nobk4me

  • Valued Member
  • Posts: 857
Re: Sued by Cavalry
« Reply #1 on: September 28, 2017 09:37:27 PM »
The arbitration strategy should work well for this.
Molon labe

Judgment Proof!

 

credit