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Being sued by Cavalry - served papers today – need advice please

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Anonymous
Not applicable

Re: Being sued by Cavalry - served papers today – need advice please

Also, can't remember if I mentioned this or not, but the lawsuit was filed by a lawyer based out of Indianapolis, Indiana. I guess they are using outside attorneys now, since my state Attorney General sued them a couple of years ago and won a case that made them write-off $19.5 million in debt they had been trying to collect without a license. Indianapolis is a 600+ mile round-trip from where I live. What are the odds they are even going to show up for court over at $4300 debt? I sort of feel like they just filed it, rolling the dice that I wouldn't show up and they would get an automatic judgment.
Message 31 of 37
Anonymous
Not applicable

Re: Being sued by Cavalry - served papers today – need advice please

You know you may have a point there, Unless they get a local lawyer to act as some sort of Liaison for them "I know you said outside Attn but maybe". What you said can be a possibility, creditors are known for trying to intimidate consumers into doing what is best for the creditor.

Message 32 of 37
RobertEG
Legendary Contributor

Re: Being sued by Cavalry - served papers today – need advice please

I would never assume that the filing plaintiff will not show.

They often bundle plural cases for a given date, and thus they are likely not making the trip only for your case.......

Message 33 of 37
Anonymous
Not applicable

Re: Being sued by Cavalry - served papers today – need advice please

Just wanted to update this since it's been a while, I actually have court in the morning about this case, and I know a lot more now than I did when I initially posted. First of all, I was wrong about this being the debt I had received the letter about a while back. Dug that out of my filing cabinet, it was a completely different deal having to do with a medical debt.

This lawsuit i'm not even sure is actually mine. To be clear, it might be. I had several charge-offs a few years ago as a result of going in to debt foolishly to try to take care of a former fiancé's child with a rare genetic disorder. Traveling around to different doctors, paying for food and gas, that sort of thing. The thing is that some of my credit cards were sold from one company to another more than once and I changed residences three times at one point within six months. Settled with some folks I owed were willing to work with me, but didn't know anything about this one until I was served with papers on 13 January. Couple that with the fact that I had an identity theft situation a couple of years back, and so I'm basically refusing to pay this until they validate it to my satisfaction, while also showing that my only income is SSDI disability that is ungarnishable and arguing that – if I do pay, assuming they can validate – it will have to be in small monthly increments over a longer amount of time.

I'm also counter suing for the $1000 penalty for them violating my rights under the FDCPA by not sending me a Dunning notice. I don't care about the $$$, but I want a bargaining chip to use at settlement, and they did violate the law.

A question for anybody who has been to court over something like this: what can I expect in the initial court appearance in magistrate court tomorrow morning? Is this just going to be a status hearing or do I need to be ready to argue my case or what?
Message 34 of 37
Anonymous
Not applicable

Re: Being sued by Cavalry - served papers today – need advice please

Any input leading up to tomorrow would be greatly appreciated. Tried calling the courthouse, but of course it's a holiday and they are closed. Need to have my mind right before going in there, and I'm really not sure what to expect. This is the initial court appearance after filing my answer and counterclaims.
Message 35 of 37
Anonymous
Not applicable

Re: Being sued by Cavalry - served papers today – need advice please

Update: had my court hearing today. Dismissed with prejudice, so they can't re-file! They had a local attorney stand-in for them; nice guy, pretty much saw that they couldn't prove anything and said they weren't going to want to deal with trying to provide the proof I was asking for for such a small amount, so I'm all good. He and the local magistrate even wrote up the dismissal in such a way that I can use it as evidence to have the collection account removed from my credit file, and even if Cavalry sells it to another debt buyer I have documentation that the date has already been dismissed in court.
Message 36 of 37
ls2016
Frequent Contributor

Re: Being sued by Cavalry - served papers today – need advice please

Awesome! Good for you!

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Current FICO 9s: Ex 775, Tu ?? Eq 781
Total TLs: $120,000
8 (30-60 day) mortgage lates and 2 (30 day) auto lates remain from Jan., Feb. 2016
Current Mortgage Ex. Fico 2 787
Message 37 of 37
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