DW had a collection opened by Cavalry on 22 June 2017. We were living in Texas at the time. on 21 Feb 2020, she was served through Texas court system and she accepted Plaintiff's Original petition. No word until today. We moved from Texas to South Dakota this past December. Received court document today from their attorney, dated 16 January 2023, attempting to collect this debt. It's titled Plaintiff's Discovery in Aid of Judgment. It doesn't look like it has been filed with the court but what do I know. Currently this debt is a collection on her credit report; we don't want it to go on as a judgment and start all over again. Looking for options on how to handle this. We can pay this. Original debt was $2066 and it has grown over the years to $2988. We are willing to pay the original amount plus ask to have the collection removed. Any suggestions?
@shane1978 wrote:DW had a collection opened by Cavalry on 22 June 2017. We were living in Texas at the time. on 21 Feb 2020, she was served through Texas court system and she accepted Plaintiff's Original petition. No word until today. We moved from Texas to South Dakota this past December. Received court document today from their attorney, dated 16 January 2023, attempting to collect this debt. It's titled Plaintiff's Discovery in Aid of Judgment. It doesn't look like it has been filed with the court but what do I know. Currently this debt is a collection on her credit report; we don't want it to go on as a judgment and start all over again. Looking for options on how to handle this. We can pay this. Original debt was $2066 and it has grown over the years to $2988. We are willing to pay the original amount plus ask to have the collection removed. Any suggestions?
I know how frustrating this can be - especially when it comes to the legal process with collecting debts. I guess my first question is did the debt collector get judgment in their favor? Because usually court case wouldn't take 3 years or almost 3 years to resolve without continuances and things of that nature being filed with the courts.
Another question I have is does the paper you received from the attorney have a filed stamp and a date on it anywhere. It kind of sounds like they are still in the beginning stages of suing you. Simply put discovery is when one or both parties in a lawsuit seek out any evidence they could use in their favor. If I were you, and this is not constitute as legal advice, I would reach out to the agency who has her debt via certified letter and find out any of the particulars by asking them to validate her debt. I would let them know that she is willing to work with them and wants to resolve the issue as painlessly as possible. It doesn't hurt to ask if they would be willing to remove the debt off of her credit report if she pays it in full. You can also ask about a discounted one-time payment, which most debt collectors will do because at the end of the day they're still making money because they buy these debts from creditors for pennies on the dollar.
I hope this helps and please keep us updated. All the best
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@shane1978 wrote:DW had a collection opened by Cavalry on 22 June 2017. We were living in Texas at the time. on 21 Feb 2020, she was served through Texas court system and she accepted Plaintiff's Original petition. No word until today. We moved from Texas to South Dakota this past December. Received court document today from their attorney, dated 16 January 2023, attempting to collect this debt. It's titled Plaintiff's Discovery in Aid of Judgment. It doesn't look like it has been filed with the court but what do I know. Currently this debt is a collection on her credit report; we don't want it to go on as a judgment and start all over again. Looking for options on how to handle this. We can pay this. Original debt was $2066 and it has grown over the years to $2988. We are willing to pay the original amount plus ask to have the collection removed. Any suggestions?
Offer them the $2066 and advise them you no longer live in Texas. Now full time residents in SD. They may take it. I dont believe they'll spend the money to do all the refilling to sue you in another state. They may not be licensed in SD.
Cavalry has a policy of removing paid collections, including accounts that were settled for less. It's not something you have to negotiate, they just do it. Same as Portfolio Recovery Associates.
Cavalry Portfolio is registered in South Dakota but like @FireMedic1 said, they will take the easy route. Like @shane1978 said, they will remove the collection if you settle..... and adding, they will put that in writing. I had one years ago and it was gone a few days after paying it. Phone call, email, phone call again, paid then removed.
Honestly you're lucky you don't live in Texas anymore because in Texas they don't have wage garnishments but they do have the ability to freeze your bank accounts.
"Received court document today from their attorney, dated 16 January 2023, attempting to collect this debt. It's titled Plaintiff's Discovery in Aid of Judgment. It doesn't look like it has been filed with the court but what do I know."
That looks and sounds like a debtor's exam. Typically those are not filed with the court the first time they send you one but if you ignore it they will then get it authorized by the court and it will become a subpoena. Ignore that one and usually an arrest warrant for failure to appear and answer is issued by the court at that point.
"Currently this debt is a collection on her credit report; we don't want it to go on as a judgment and start all over again."
It sounds like it is already a judgment. Texas usually does not allow cases to sit dormant on the docket for 3 years. You need to immediately contact the clerk's office and get the status of the case and all documents copied and sent to you.
"Original debt was $2066 and it has grown over the years to $2988."
Post judgment interest can balloon a debt significantly over time. The increased balance lends another support that they got a default judgment against you. If you can settle this that would be best.
@crrredit wrote:Cavalry has a policy of removing paid collections, including accounts that were settled for less. It's not something you have to negotiate, they just do it. Same as Portfolio Recovery Associates.
Man, where were they before I started taking care of my credit? Everybody I fought almost refused even with it paid lol.
Ive talked to Cavalry Legal and the attorneys that represent them. They keep punting me to each other. I literally tell them I'm ready to pay and the attorneys keep saying I have to fill out paperwork. I said no, let's just get this paid. Both calls stated it would be removed when paid in full. I record the conversions ,as well....for quality assurance.