How to beat Cavalry SPV I LLC in a Debt Lawsuit

January 14, 2024

How to beat Cavalry SPV I LLC in a Debt Lawsuit

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, ZumaZip 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, also known as Cavalry Portfolio Services, is a debt collection company that purchases delinquent debts from original creditors at a discounted rate. They then attempt to collect the full amount owed from consumers, often through aggressive tactics such as phone calls, letters, and lawsuits. If you’re facing harassment from Cavalry SPV I LLC or have been served with a collection lawsuit, ZumaZip can provide resources and guidance to help you navigate the legal process and protect your rights.

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

Being contacted by Cavalry SPV I LLC regarding debt can be intimidating, but it’s essential to know your rights under the Fair Debt Collection Practices Act (FDCPA). This federal law protects consumers from abusive and deceptive debt collection practices. Here are some key rights you have when dealing with Cavalry SPV I LLC:

Protection against abusive language: Cavalry SPV I LLC cannot use vulgar, offensive, or threatening language when communicating with you.
Protection against threats: They cannot threaten you with legal action that they do not intend to take or cannot legally take.
Limits on contact times: They cannot contact you before 8:00 A.M. or after 9:00 P.M. They also cannot call you excessively with the intent to harass you.
Workplace restrictions: Cavalry SPV I LLC cannot contact you at your place of work if they know your employer prohibits such communications.
Truthful representation: They cannot misrepresent themselves as attorneys, nor can they misrepresent the amount, legal status, or character of the debt.
Confidentiality of debt information: They cannot discuss your debt with anyone other than you, your spouse, your attorney, or the creditor.

Understanding these rights empowers you to handle communications with Cavalry SPV I LLC confidently and assertively while protecting yourself from abusive practices. If you believe they have violated your rights under the FDCPA, you have the right to take legal action against them.

Win your debt collections lawsuit against Cavalry SPV I LLC

To effectively defend yourself against a debt collection lawsuit from Cavalry SPV I LLC, it’s crucial to respond promptly and strategically. When served with the Complaint, adhere to these steps:

Refrain from admitting liability for the alleged debt as Cavalry SPV I LLC must prove your obligation.
File your Answer with the Clerk of Court within the designated timeframe, typically within 20 or 30 days after receiving the Complaint.
Ensure to send a copy of your Answer, stamped by the Clerk of Court, to Cavalry SPV I LLC via mail. This ensures proper documentation of your response.

Taking these steps promptly can bolster your defense and protect your rights in the face of a debt collection lawsuit from Cavalry SPV I LLC.

ZumaZip 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.

ZumaZip helps you make the right defense the right way.

In your response to Cavalry SPV’s lawsuit, it’s crucial to include the statute of limitations as an affirmative defense. Wondering what that means? Well, the statute of limitations sets the timeframe for filing a lawsuit against someone. If Cavalry SPV is suing you on a debt that’s past the applicable statute of limitations, you can file a motion to dismiss their lawsuit with prejudice.

Another strategy to consider against Cavalry SPV is filing a “Countersuit” or “Counterclaim” if you have evidence of their violation of the FDCPA. This could entitle you to compensatory damages and reimbursement of your legal fees if successful.

To learn more, view the resources and information available on ZumaZip.

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 finding an attorney can be super expensive and difficult. You can represent yourself and draft an Answer with ZumaZip‘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

How much will Cavalry settle for?

Cavalry typically settles debts for less than the original amount owed, as they acquire debts from original creditors at discounted rates. This practice is common among collection agencies and companies.

If you’re unable to afford paying off your debt in full, it’s advisable to file your Answer in court and then initiate negotiations with Cavalry to reach a settlement. While negotiating, it’s essential to be transparent about your financial situation and only agree to a settlement that you can realistically afford. Accepting a settlement beyond your means could exacerbate your financial difficulties.

ZumaZip Settle, powered by ZumaZip, offers a technology-driven approach to debt settlement. Our software facilitates communication and negotiation with the collector, helping you navigate the settlement process efficiently. Once an agreement is reached, we assist you in managing the settlement documentation and securely transferring your payment to the creditor or debt collector, ensuring confidentiality and security of your financial information.

What is ZumaZip?

ZumaZip is a convenient solution designed to streamline your response to a debt collection lawsuit. Here’s a breakdown of what you can expect when you use ZumaZip:

Firstly, you’ll access our user-friendly web application, which guides you through the process step by step. You’ll be prompted to answer a series of questions related to your specific situation. Once you’ve completed the questionnaire, you have the option to either print out the finalized forms and mail them to the appropriate courts yourself, or you can opt to utilize ZumaZip’s services to file them on your behalf. Additionally, if you choose this option, an attorney will review your document for added peace of mind.

If you’re seeking guidance on how to effectively respond to a debt collection lawsuit, ZumaZip can provide the assistance you need. Feel free to explore our FAQs for more information on what ZumaZip has to offer.

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 by formally requesting a debt validation with a Debt Validation Letter . This letter notifies the collector that you dispute the debt and forces them to 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.

Get started with a Debt Validation Letter here.

How to Answer a Summons for debt collection in all 50 states

Here’s a list of guides on how to respond to a debt collection lawsuit in each state:

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