Cavalry Portfolio Services illegal tactic?

[ItsCASHual]

Just chiming in here on Calvary....I had an account that was was originally a Synchrony account (CareCredit) that was charged off and sold to Calvary. They filed suit and the process server came to my house. The debt was $1,100 for medical bills that I had used the Care Credit for. I answered the court summons by going to the courthouse and signing the papers. No dispute because the debt was valid and was mine. My court date was approximately 4 weeks later. I went to the court date and the Calvary rep (the attorney) couldn't have been nicer. I kid you not. He was very kind and I set up a payment arrangement in 5 equal monthly installments. He had the paperwork with him and I signed, he filed a conditional dismissal of the case as long as the payments were paid as agreed. He made copies at the courthouse and gave me mine to take with me so I didn't have to wait for snail mail. My first installment wasn't due for one month. I paid those 5 installment payments once monthly as agreed. When I made the 5th payment, the final dismissal was filed with the court by Calvary and I received the same copies of the dismissal signed by the judge and by Calvary from the court about 3 days later. It was really easy peasy. No judgement on my record. Phew!! First and last time I plan to have experience with the court system involving debt. 

I know there are horrible stories out there but, again, Calvary was easy to work with, in my experience. Good luck to you.

[GApeachy]

Any update? @amanda76

This happened to me:

Calvary Portfolio did the same $1 post a couple of months before sol ran out on me. Credit Karma notified me.  I called my attorney.  He said it was a tactic, called it "tricky" and had me order all 3 CB reports, I took him the online pdf. reports. 9 days later Calvary took the adverse off of all 3 CBs.  My attorney did not charge me.  

[Anonymous]

Thank you. That's interesting that you just posted this. I just found out yesterday that they have filed suit on October 30th. So did your attorney call them and call them out on it? Thanks for your reply!

[GApeachy]

@amanda76

He did something, Idk what he did but he told he not to worry cause he was well aware of their tactics.  I told him before he did anything for me that I did not care what he made off of these or any preditor, I just wanted him to get the monkey off my back.  I didn't ask him what he did, got paid, if anything, but they quickly moved to remove all traces off my report.  Call an attorney and ask if they would be interested in helping you and you don't care about making anything off of it, they can take what they can from it and all you want is peace of mind and the ability to reach financial freedom.

[Anonymous]

Definitely will be calling an attorney tomorrow. I work on the road. Came home and went to post office to get my mail. Tons of letters from attorneys because they solicit you when they can see a case filed. I looked online and sure enough, there it was. What state do you live in? Would you mind giving me the name of the attorney you used? Thank you for your help.

[GApeachy]

I sent you a pm.

[Anonymous]

I messaged you back 🙂

[bass_playr]

It also needs to be said that the "partial payment" scheme does not reset SOL in all states.  Each state has its own laws.  Some do not regard that as sufficient to reset, while others do.  I would find out for certain if it does or not in your state. 

Either way, if it were me, I would file a motion to dismiss due to the alleged debt being time barred.  Keep in mind, JDBs only survive because the vast majority of the consumers they try to collect from don't know the laws or their rights.  It's nothing for them to sue you even when they know SOL has expired, because out of every, say, 100 times they do that, maybe one time the defendant declares that SOL has passed.  The other 99, they tend to win nearly all of them because very few people even respond to a debt collection summons.  

I would check the laws in your state--in some places, you can file a motion to dismiss now instead of an answer, and in others you may be better off filing an answer generally denying everything and use expired SOL as an affirmative defense.  VERY important--either way, you MUST bring up the SOL expired issue NOW, in your response to their suing you.  If you don't invoke it at the start, you may lose the right to use it.  So, bring it up with your very first response.  Might not be a bad idea to use a copy of your credit report as an exhibit to show that the DOFD was more than 5 years before they filed the lawsuit.  If they try to bring up the supposed $1 payment, dispute that, and force them to provide proof of that payment record to the court.  

Remember that there are no absolute truths in a courtroom---you must bring up every point you wish to argue and you must demand strict proof of their claims.  The court will not do it for you.

[vntrsc]

I find it difficult to believe that the SOL could be reset based upon a $1.00 payment. 

[Anonymous]

Uhm... Well I'm pretty sure everything says that any activity by you on the account can reset it. Not many reasons for them to do this. If you read this thread, you can see I'm not the first person they've done this to. Also several YouTube videos refer to collection agencies using this tactic!! Specifically mentioning the $1 payment. It's definitely not something I made up, that's for sure!