“Cavalry SPV I, LLC sued me — what do I do now?”
“Cavalry SPV I, LLC sued me — what do I do now?”
Cavalry SPV I, LLC is a famous debt buyer (debt collector) that files many lawsuits in Alabama each year.
There are several lawfirms that file the suits — primarily out of state firms from Louisville, Kentucky and Atlanta, Georgia.
While most suits are filed in District Court or Small Claims Court (these are for claims under $10,000), there are some filed in Circuit Court.
Circuit Court is where the claims tend to be a higher amount and the level of complexity is much higher to represent yourself.
If you have been sued by Cavalry, what do you do?
It is critical to note this is a real lawsuit filed by real lawyers.
Don’t believe any garbage on the internet that says you can’t be sued or this is all a scam.
Call the court if you have questions about whether this is a real lawsuit filed against you.
On the other hand, understand that often you can win the lawsuit.
In addition, you may be able to sue Cavalry for violating various federal laws.
This includes the Fair Debt Collection Practices Act (FDCPA).
First, make sure you respond to the lawsuit in the time limit allowed.
That’s 14 days from being properly served in a District or Small Claims Court case.
Or 30 days from being served in a Circuit Court case.
You can do this on your own or by hiring a lawyer but make sure it is done.
Otherwise Cavalry will get a default judgment which means the court will say you owe the money, even if you never truly did.
Its like not showing up to a game — you lose automatically.
So show up — file your answer to the lawsuit within the time limits.
Second, make sure you understand your five options you have when you are sued by Cavalry.
The link will take you to an in-depth article on your five options as well as a 24 minute video explaining these options.
The five options include:
- File bankruptcy (extreme option)
- Fight the lawsuit on your own (cheap but you must spend time and get this right — if you win you may be able to sue Cavalry in federal court)
- Settle the lawsuit on your own (sometimes a good choice)
- Hire a lawyer to fight the lawsuit (must pay lawyer fee but normally best chance of success and may be able to sue Cavalry in federal court)
- Hire a lawyer to settle the lawsuit (must compare costs and benefits to doing this on your own)
If you have questions for us, especially after watching the 24 minute video on your five options when sued by Cavalry, then call us.
You can reach us by phone at 1-205-879-2447.
Or, you can also fill out our contact form here and we will get right back with you.
We will be glad to help you think through your options so you can discover the best option for you.
Best wishes!
Watts & Herring, LLC
I just looking up my court history on line and noticed i have a case that is in court right now, I never received any thing about this or was not served any papers, how can this be possible???
Diane,
The case is filed first, and then you are served with a copy of the lawsuit. Normally in Alabama this happens pretty quickly but I have seen a delay of more than a year before.
What county were you sued in?
If you want us to look it up we’ll be glad to — call us at 205-879-2447 and ask for Carolyn.
You should also look at your five options when sued — this will give you a good overview of what you can do next.
Let us know how we can help you.
Best wishes!
John Watts
I received a letter in the mail from this company. I have been told to ignore it. Won’t it drop off my credit report in 7 years anyway? Yes, they can garnish my wages, but they would have to know where I work first.
Tina,
If you live in Alabama and you ignore a collection letter — particularly if it says you will be or have been sued — then you were given bad advice.
Cavalry on your credit report will drop off in about 7 years from when you defaulted on the original loan or credit card or whatever it was.
But if you ignore this lawsuit and get a judgment against you, then that judgment will stay on your report for 7 years. That’s from the date of the judgment.
As far as garnishment, your bank accounts can be garnished. Your wages garnished (25%). Liens can be put on your property and your property can even be sold — even your house you and your family live in.
After a judgment the collector can require you to reveal all of this information — if you don’t you can be in contempt of court and be picked up by the sheriff and delivered to court. Bunch of bad results if you ignore this.
So in my opinion whoever told you to ignore the lawsuit gave you very bad advice unless there is some unusual situation that I don’t know about. If you don’t owe this debt — imagine it is ID theft for example — if you lose the lawsuit then a court is saying you do owe the debt. You won’t be able to challenge that later.
So my suggestion is take action now to protect yourself.
If you would like our help going over your options or answering questions, give us a call at 205-879-2447 but first watch either our long video on what to do when sued or our shorter video that only goes over your 5 options.
Thanks for your comment and best wishes!
John Watts
I was receiving mail from lawyers saying a suit was filed against me by Cavalry. I looked it up in our local civil court and it has a date set already. I have not been served a summons yet. I am a truck driver and I am never home. If I don’t receive a summons can they still proceed? I live in Florida. Thank you.
Scott,
Thanks for your question. I’m not sure what the rules are in Florida as I don’t practice there. So definitely get with a Florida consumer attorney.
But in general, unless you are properly served, the lawsuit (at least in Alabama) would not go forward. Now being served is not just being handed the papers directly. If there is an adult in your home, that counts (under Alabama rules). They can also do it by certified mail, by publishing a notice in the paper, etc.
So my suggestion is get with a lawyer, figure out your options in Florida, and then do whatever you need to do.
Keep us posted as I’m sure others have this same question.
Thanks!
John Watts
Hello, I am in a state of PA and I received a letter from an attorney offering to represent me in municipal court… I logged on to the online services and found my case. This is how I learned that I am actually being sued. Looks like this is rather normal behavior. However, if I was not served, should I even do anything about it? Court date is set for 12/14/15…
Thank you,
Matt.
Matt,
I’m sorry I just don’t know it works in PA. If you lived in AL I would suggest you deal with it directly rather than waiting. I’m not much into waiting on bad stuff to happen — I would rather attack.
So we file answers here even before we are served.
Freaks the debt buyers out as they are not used to people wanting to go trial. 🙂
But again I would check with a PA lawyer so you know what to do — different rules, customs among judges, etc.
Best wishes!
John Watts
Cavalry’s lawyers filed a judgement against me at a local magistrate’s court (in PA) in late August. I met their lawyer and worked out a payment plan, and I ha e made all payments on time. Yesterday I found out that they had fired another judgement against me for the same credit card. I’m very confused about my options.
Pete,
I’m not sure what they are doing or the rules in PA. I would definitely ask the collection lawyers very specific questions and get you a consumer lawyer to explain what is going on.
Sorry I can’t help you directly….
Best wishes!
John Watts
I just received a garnishment sent to my work for a suit from these people. I have never heard of them or any of this and when I called they told me they served someone at an address I didn’t live at anymore way back in 2012???
I never went to court, back in 2012…because I didn’t know about it and now there is a judgment against me over $3500 dollars.
I think it’s for an old credit card that I only owed $1200 to that I paid a whole other credit collection agency to settle.
I don’t know what to do??? HELP!
Renee,
If you were not served, then you should be able to get rid of the judgment if it is here in Alabama. (If you live in another state, you’ll need to check the rules there).
Being properly served is a requirement for the judgment to be any good.
You said they “served” you at an address you no longer lived at when the alleged service happened, right?
You’ll need to prove that. Contact Alagasco or Alabama Power to show when you switched your service. Get your mortgage or your lease agreement showing you lived at a different address. Get your tax returns showing new address, etc.
Feel free to call my office at 205-879-2447 and we’ll be happy to help you think through your options — sometimes you can do this on your own and sometimes it makes sense to hire an attorney to help you.
Thanks
John Watts
I HAVE TO GO TO A TRIAL COURT IN TAUNTON MASSACHUSETTS ON 07/10/2017.MY DOCKET NUMBER IS1431SC001812.I would like to find,another date after July 15 2017 or any date on May June.TKS IVAN meira
Ivan,
We don’t practice in Mass. and we don’t represent you. You’ll need to contact a lawyer to represent you in your state and/or contact the court if you need to change your trial date.
Best wishes!
John Watts
I have a court date set for August for being sued by Calvary on a card I know has been charged off over 15 years but the dates keep changing on my credit report looking like it’s current.Last time I spoke with them they asking for 5000 on a 1500 debt and would not work with me on making payments for several years.
Finley,
One question is “Have you made any payments on the debt in the last six years before Cavalry filed suit?”
If so, then Cavalry may be within the statute of limitations for Alabama lawsuits. I think the SOL is actually 3 years but if we are “generous” to Cavalry we’ll say 6 years.
I assume you have filed an answer and now you have a trial set? Or is it a scheduling/status conference?
We’ll be happy to look at your case and give you our thoughts — call us at 205-879-2447 and ask for Carolyn.
Best wishes!
John Watts
PS — I’m assuming you are sued in Alabama — if not then get with a lawyer in your state as every state has different rules.
I just happened to look my name up in the local court system and see that the only thing listed is that Calvary filed to sue me in May 2017. I have yet to be served, what should I do now?
Tina,
First, I suggest getting with a consumer protection lawyer in your state.
Second, you have the option of waiting until you are served. The upside is they may never serve you. Unlikely at least in Alabama but I suppose it is technically possible.
Third, you could file an answer before you are served. This is my preferred approach as it makes the debt collectors nervous — “Why is Tina so eager to go to court? Is there something we don’t know? What’s happening?” 🙂 Danger is you could lose. Life is full of choices — I just happen to like this one in Alabama.
Fourth, I would pull your credit reports to see what is being reported by Cavalry.
Fifth, go over your five options when sued by Cavalry. Pick the best one for you.
Hope this helps!
John Watts
i received a summons from Calvary, i am wondering if i was to settle this on my own should i contact there lawyers or should i contact Cavalry directly? Im from VA.
Thanks ahead of time.
JP,
I would talk to a consumer protection lawyer in VA who handles the defense of these types of collection lawsuits. See what your options are.
If they are a good lawyer, they will lay out all of your options for you — including settling it on your own. That way you can make the best decision for yourself.
Do keep in mind there are often some tight deadlines after being served so I would get with someone ASAP. I don’t know the time limits in Virginia but in Alabama it is either 14 days (Small Claims or District Court) or 30 days (Circuit Court). Some states have shorter time periods to respond and others have longer but a good consumer protection lawyer in Virginia should be able to tell you right away your time limits.
Thanks for your question and hope you can put this behind you quickly!
John Watts
I just received a copy of a notice of service of process from my employer for a credit card debt. They want to levy my wages. It has my old California address and I moved over a year ago to Minnesota. It says my only option is to file an exemption and complete the financial paperwork and send it to the levying officer. I never was served to go to court prior to this. Does this mean i have a judgment on my name and can they subject me to California statutes and I am no longer a resident? I am not sure what my first step should be. Any direction you can give will be appreciated. Thanks
Tina,
It sounds like there is a judgment but you would need to confirm that with a California lawyer. The general rule is wages don’t get taken unless there is a judgment so that’s my concern for you.
If there is a judgment, then normally that can be “domesticated” to your new state. Then the judgment is in Minnesota and they can collect per the rules of Minnesota.
Contact Pete Barry in Minneapolis as he is a very good consumer protection lawyer and should be able to give you some guidance on your options.
Best wishes!
John Watts
Hi I just got served by Cavalry SPV I, LLC. When I first took the loan out I had a job. I’m on SSI and that’s my only source of income. I wanted to see what my options were.
Jamie,
Really your options are still the same.
1. Bankruptcy
2. Fight it on your own
3. Settle it on your own
4. Hire a lawyer to fight it
5. Hire a lawyer to settle it
Being on SSI normally means that Cavalry can not touch your income — your SSI.
But they can still take your property, still get a judgment that goes on your credit report, etc. (I’m assuming you are in Alabama — if another state I don’t know how that works).
Here’s a suggestion for you. If Cavalry cannot touch you — your income — you have no property — then sometimes people say, “Why should I do anything — they can’t touch me.”
My thought is the opposite — fight them. If you lose, who cares? But you might win!
Now if you do have something at risk, then it makes sense to explore your options.
If you are in Alabama, give us a call at 205-879-2447 and ask for Carolyn. She can look up your case and see what your deadlines are, etc. and go through your options. I can also chat with you to go over your options.
Our goal is for you to have the best possible information so you can decide FOR YOU what is YOUR best decision.
Best wishes!
John Watts
PS — remember in Alabama you have 14 days to respond (answer) to the lawsuit from when you were served if you were sued in Small Claims or District Court. If sued in Circuit Court, you have 30 days. Your lawsuit will tell you the time period and the court and we can tell you also if you call us at 205-879-2447.
I was sued by Cavalry SPV I. I am looking for the lawyer who can settle the case for me. But it is hard to find the lawyer who takes the case in Minnesota. Can you suggest the site I can look for the lawyer in Minnesota? Thank you
Kim,
Sorry you got sued — check out Pete Barry in Minneapolis — he’s a great consumer protection lawyer in Minnesota.
Best wishes!
John Watts
I’m in Florida, looking for a lawyer
The attorneys for this collection agency served the court papers to some person that said they lived in my home, but I live alone and I worked at the property where this unknown person was served. I think its bull, but they got a judgement against me and I was never notified at all, besides the staute of limitations in Florida is 3 years and they filed in 2009. Can you recommend an attorney ?
Eugene, contact me at here and give me your city and I’ll see if I know someone who can help you.
Thanks
John