Being sued by Calvary Portfolio Srvcs in GA... advice would be greatly appreciated!

[pookie]

UPDATE 02/06/2008:

I SETTLED WITH CAVALRY!!! They agreed to pay ME $500 and remove their negative tradeline from all of my credit reports! So many thanks to all the wonderful CIC folks and Kristy's book! This is just the beginning, but Cavalry was the major one getting removed from my report... but this is definitely a confidence booster! To all those still fighting the good fight... persevere!!

Ok... I'll start with the basic questionnaire:

1. Who is suing you? Calvary Portfolio Services, LLC

2. For how much? $3167.87

3. Who is the original creditor? MBNA

4. How do you know you are being sued? I was issued a summons

5. How were you served? Were you served? Yes I was served by a police officer at my home

6. What was your correspondence (if any) with the people suing you before you think you were being sued? They were sending me letters and calling, but I did not respond

7. Where do you live? Georgia

8. When is the last time you paid on this account? I guess technically 6/2006... I had been making payments through CCCS until I realized that they were not helping me any...

9. What is the status of your case (if anything has been opened)? You can find this by a) calling the court or looking it up online (many states have this information posted daily). Haven't a clue. Was issued the summons on 12/19/2007 (Merry Christmas!), and I have until 1/19/2008 to respond

10. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) YES. Actually got this particular debt removed from TransUnion because they couldn't validate... but the other 2 are being stubborn, and didn't respond to my MOV's either.

11. Did you request debt validation before the suit was filed? If not, don't bother doing this now. YES. I requested debt validation from Cavalry twice in the past, and of course they never bothered to respond. Only reason I didn't sue them first was because I didn't have the money at the time. I have documentation of all this, by the way.

12. Does your summons require a response? (Look hard!) If you don't get a questionnaire with your summons, you are still probably required to answer it in writing. If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit? Yes, required to respond by 1/19/2008. This is the statement of claim:

The Defendant(s) made application for and at all times herein were the user of a credit card. The Defendant(s) agreed to pay the amount of any credit purchases and cash advances, to pay the required finance charges on outstanding balances, and to pay the costs of collection. On or about 01-APR-04, eCAST SETTLEMENT CORPORATION, (the previous credit grantor) *note, this must be the previous CA before Cavalry... never heard of them*assigned all rights and privileges regarding the same to the Plaintiff. Despite repeated demand, there remains due and owing the amount of $2712.72 in principal and $455.15 in interest which the defendant neglects and refuses to pay.

13. What evidence did they send with the summons? An affidavit? A statement from the OC? Anything else they attached as exhibits? Only thing attached is an affidavit of debt.

14. What is the SOL on the debt? SOL in GA is 4 yrs. According to affidavit, account became delinquent on 11/28/2003 and was assigned to Cavalry on 4/1/2004

And just so y'all know... I'm being sued in small claims court in my county.

_________________________________

Okey dokey... so my first question is: Did I screw myself over with the SOL because I paid Calvary through CCCS until 2006? Because they wouldn't be able to sue if the date of first delinquency was in 2003, right? Or is SOL from date of last activity? God, I wish I'd known better at the time

(2) How should I respond to the claim? I mean, I guess I could say that they haven't proven that the debt is mine (and I SERIOUSLY doubt they have any documentation)... and I have the debt validation, certified receipts, debt disputes with CRAs to prove my case. I guess I just don't really know how to word it...

(3) What next after I respond to the summons? Just wait to see how they respond? Should I DV Calvary again? I read somewhere that that would be useful in case I have to sue in federal court. If I can't ask for a request of documents/discovery in small claims... then what else can I do?

Thanks in advance for any advice!

[pookie]

Oh... and I think I've got Calvary on 3 violations of FCRA and FDCPA... can I do something about that if we go to court?? I'm fighting these folks!

[unusualsuspect]

File a counterclaim for the max. allowed in your small claims court for the violations... that might get their attention.

Oh... and I think I've got Calvary on 3 violations of FCRA and FDCPA... can I do something about that if we go to court?? I'm fighting these folks!

[montanatim]

If they are claiming date of first delinquency puts this past SOL, don't correct them. Just claim SOL as defense and see how it goes. If a payment of any amount tolls SOL in Georgia they'll tell you. (I'd look it up for myself) They may or may not show up with proof from the company you were paying. Make them prove chain of title as well.

[pookie]

Ok, ok... that sounds good...

So my next question is... when I respond to the claim, is there some certain legalese type speak that I need to use when responding?

[Tazjeepcj7]

Find a law library and become familiar with the various resources there. There are books with sample answers to complaints. If you are in or near Atlanta, the Georgia State University Law Libarary is a good choice. Its late night hours are friendly to people who work during the day.

[bubbaboo]

Look at OCGA 9-3-25. That is a reference to the GA law. It says that the statute starts running on the day of default, not the date of last payment. And, to restart the SOL, you must have both a payment and a writing which acknowledges the debt and agrees to extend the SOL.

[pookie]

Thanks for all the replies... I will take all suggestions.

And here is a link that has a downloadable pdf form for a response to a summons. It's for GA, but of course can be adapted...

http://www.basiclaw.com/

[pookie]

Ok, another question: As I prepare the defenses in my counterclaims... it looks like there are certain ones that I can't use (or at least I think I can't), because I had been paying Cavalry through CCCS. Can I use the following defenses?

As and for a Defense

Defendant claims a Failure of Consideration, as there has never been any exchange of any money or item of value between the plaintiff and the Defendant.

As and for a Defense

Defendant claims Lack of Privity as Defendant has never entered into any contractual or debtor/creditor arrangements with the Plaintiff.

As and for a Defense

Defendant alleges that the Complaint includes references to alleged agreements made outside of the alleged written contract, violating the Parole Evidence Rule.

As and for an Defense

Plaintiff’s Complaint fails to allege a valid assignment and there are no averments as to the nature of the purported assignment or evidence of valuable consideration.

[Krash]

i am going to be watching this post because cavarly says I owe them 18gs for a 44 hundred dollar debt, i will be right there in court with you shortly, I live in ga myself, I made them payments for 2 years and then they said we reject your payment and we are going to garnish your wages for 480 a month, i said really? Well f u..... So anyway 4 years huh? I wished that was true about having to have a paper because my sol would be up in a few months.. Does anyone know this is true?

[pookie]

OK... I am posting my summons response here, in hopes that any legal minds will take a look at it and see if it looks alright. Also posting it for reference for others who are in a similar situation...

______________________________________________________________

IN THE MAGISTRATE COURT OF THE STATE OF GEORGIA

FOR THE COUNTY OF XXXXXX

Cavalry Portfolio Services, LLC )

Plaintiff ) Case No._____________________

Vs. )

) FIRST AMENDED ANSWERS,

XXXXXXXXX ) DEFENSES AND COUNTERCLAIMS

Defendant(s) )

Defendant, appearing pro se, for its reply to the Complaint of Cavalry Portfolio Services, LLC (hereafter "Cavalry") states as follows. All allegations of the Complaint are denied unless expressly admitted herein.

ANSWERS

1. The Defendant disputes the alleged debt, as solicited in the complaint.

2. The Complaint states legal conclusions to which no response is necessary. However, to the extent that the Court may deem a response to be necessary, defendant denies the allegation and demands strict proof thereof.

3. The Defendant is at this time without knowledge or information sufficient to form a belief as to the truth of the allegation contained therein, and on that basis generally and specifically denies the allegation contained therein, and leaves the Plaintiff to provide proof. Defendant demands strict proof thereof.

4. To the extent a response is required, defendant is at this time without knowledge or information sufficient to form a belief as to the truth of the allegation contained therein, and on that basis generally and specifically denies the allegation contained therein and leaves the Plaintiff to provide proof. Defendant demands strict proof thereof.

DEFENSES

5. As and for a First Defense

Plaintiff failed to state a claim upon which relief can be granted. Plaintiff's Complaint and each cause of action therein fails to state facts sufficient to constitute a cause of action against the Defendant for which relief can be granted.

6. As and for a Second Defense

Defendant alleges that this action is time-barred under § O.C.G.A 9-3-25 of the laws of Georgia.

7. As and for a Third Defense

Plaintiff admits to purchasing the defaulted debt allegedly owed by the Defendant, causing Plaintiff's injury to its own self, therefore Plaintiff is barred from seeking relief for damages.

8. As and for a Fourth Defense

Plaintiff's Complaint violates the statute of Frauds as the purported contract or agreement falls within a class of contracts or agreements required to be in writing. The purported contract or agreement alleged in the Complaint is not in writing and signed by the Defendant or by some other person authorized by the Defendant and who was to answer for the alleged debt, default or miscarriage of another person.

9. As and for a Fifth Defense

Defendant claims Lack of Privity as Defendant has never entered into any contractual or debtor/creditor arrangements with the Plaintiff.

10. As and for a Sixth Defense

Defendant alleges that the Complaint includes references to alleged agreements made outside of the alleged written contract, violating the Parole Evidence Rule.

11. As and for an Seventh Defense

Plaintiff's Complaint fails to allege a valid assignment and there are no averments as to the nature of the purported assignment or evidence of valuable consideration.

12. As and for a Eighth Defense

Plaintiff's complaint fails to allege whether or not the purported assignment was partial or complete and there is no evidence that the purported assignment was bona fide.

13. As and for a Ninth Defense

Plaintiff's Complaint fails to allege that the Assignor even has knowledge of this action or that the Assignor has conveyed all rights and control to the Plaintiff. The record does not disclose this information and it cannot be assumed without creating an unfair prejudice against the Defendant.

14. As and for an Tenth Defense

The Plaintiff is not an Assignee for the purported agreement and no evidence appears in the record to support any related assumptions.

15. As and for a Eleventh Defense

Defendant claims Accord and Satisfaction as Defendant alleges that the original creditor accepted payment from a third party for the alleged debt, or a portion of the alleged debt, or that the original creditor received other compensation in the form of monies and/or credits.

16. As and for a Twelfth Defense

Defendant invokes the Doctrine of Unclean Hands as the Defendant alleges that the Plaintiff or the person or entity that assigned the alleged claim to Plaintiff acted in a dishonest or fraudulent manner with respect to the dispute at issue in this case.

17. As and for a Thirteen Defense

Plaintiff is not authorized or licensed to advertise or solicit, either in print, by letter, in person or otherwise the right to collect or receive payment of a claim for another, nor to seek to make collection or obtain payment of a claim on behalf of another. The Complaint fails to allege any exception or exemption to these requirements. The Plaintiff is not any of the following: an attorney at law; a person regularly employed on a regular wage or salary in the capacity of credit men or a similar capacity, except as an independent contractor; a bank, including a trust department of a bank, a fiduciary or a financing and lending institution; a common carrier; a title insurer or abstract company while doing an escrow business; a licensed real estate broker; an employee of a licensee; nor a substation payment office employed by or serving as an independent contractor for public utilities.

18. As and for a Fourteenth Defense

Defendant alleges that Plaintiff's Complaint, and each cause of action therein is barred by the Doctrine of Estoppel, specifically Estoppel in Pais.

19. As and for a Fifteenth Defense

Defendant alleges that Plaintiff's actions are precluded, whereas Plaintiff's demands for interest are usurious and violate state and federal laws.

20. As and for a Sixteenth Defense

Defendant alleges that Plaintiff or the person or entity that assigned the alleged claim to the Plaintiff is not entitled to reimbursement of attorneys' fees because the alleged contract did not include such a provision, and there is no law that otherwise allows them.

21. As and for an Seventeenth Defense

Plaintiff failed to comply with normal and accepted business practices.

22. As and for a Eighteenth Defense

Plaintiff’s claim is in violation of federal statute.

23. As and for a Ninteenth Defense

Defendant invokes the Doctrine of Laches as the Plaintiff or the person or entity that assigned the claim to the Plaintiff waited too long to file this lawsuit, making if difficult or impossible for the Defendant to find witnesses or evidence, or that evidence necessary to provide for Defendant's defense has been lost or destroyed.

24. As and for a Twentieth Defense

Plaintiff has no Fiduciary Duty.

25. As and for a Twenty-first Defense

Plaintiff has failed to name all necessary parties.

26. As and for a Twenty-second Defense

Plaintiff's alleged damages are the result of acts or omissions committed by non-parties to this action over whom the Defendant has no responsibility or control.

27. As and for a Twenty-third Defense

Plaintiff's alleged damages are the results of acts or omissions committed by the Plaintiff.

28. As and for a Twenty-fourth Defense

Defendant alleges that the granting of the Plaintiff's demand in the Complaint would result in Unjust Enrichment as the Plaintiff would receive more money than plaintiff is entitled to receive.

29. As and for a Twenty-fifth Defense

Plaintiff's alleged damages are limited to real or actual damages only.

30. As and for a Twenty-sixth Defense

Defendant invokes the doctrines of Scienti et volenti non fit injuria and Damnum absque injuria.

31. As and for a Twenty-seventh Defense

Defendant reserves the right to amend and/or add additional Answers, Defenses and/or Counterclaims at a later date.

COUNTERCLAIMS

FIRST CAUSE OF ACTION

Statement of Facts

33. January 27, 2007, Defendant sent Cavalry, by way of certified mail, request for validation of alleged debt, including a questionnaire about said debt and a request for documentation.

34. A similar letter and request for validation were sent to Cavalry by way of certified mail on March 5, 2007.

35. Up until the date of this filing, no attempt at validation was received from Cavalry, yet they continued to pursue collection activity on alleged debt.

Statement of Claim

36. In the entire course of its action, Plaintiff willfully and/or negligently violated provisions of the Fair Debt Collection Practices Act (hereafter “FDCPA”) in the following respects:

(a) by failing to cease collection of an alleged debt after the Defendant notified Plaintiff in writing that the alleged debt was disputed, therefore violating 15 USC 1692g(.

SECOND CAUSE OF ACTION

Statement of Facts

37. Defendant repeats and re-alleges each allegation in paragraphs 33-36 with like effect as if fully repeated herein.

38. Defendant received a notice from Cavalry, dated December 01, 2006, noting a Balance of $2,895.73.

39. Defendant received a notice from Cavalry, dated May 15, 2007, noting a Balance of $3,066.86.

40. Defendant received a notice from Cavalry, dated September 11, 2007, noting a Balance of $3,247.87.

41. Defendant was served with a Summons concerning alleged debt, dated December 19, 2008, noting a Balance of $3,167.87.

Statement of Claim

42. In the entire course of its action, Plaintiff willfully and/or negligently violated provisions of the FDCPA in the following respects:

(a) By falsely representing the amount of the alleged debt and therefore violating 15 USC 1692e(2)(A)

THIRD CAUSE OF ACTION

Statement of Facts

43. Defendant repeats and re-alleges each allegation in paragraphs 33-36 and 37-42 with like effect as if fully repeated herein.

44. Defendant had asked for documents concerning alleged debt as validation on two occasions.

45. Up until the date of this filing, no attempt at validation was received from Cavalry, yet they continued to pursue collection activity on alleged debt.

46. Up until the date of this filing, Cavalry continues to report alleged debt to the credit bureaus.

Statement of Claim

47. In the entire course of its action, Plaintiff willfully and/or negligently violated provisions of the FDCPA in the following respects:

(a) By failing to cease reporting of an alleged debt to the credit bureaus if Plaintiff has not validated the alleged debt, therefore violating 15 USC 1692g(.

FOURTH CAUSE OF ACTION

Statement of Facts

48. Defendant repeats and re-alleges each allegation in paragraphs 33-36, 37-42, and 43-47 with like effect as if fully repeated herein.

49. Defendant had asked for documents concerning alleged debt as validation on two occasions.

50. On December 19, 2007, Defendant was served with Summons concerning alleged debt.

Statement of Claim

51. In the entire course of its action, Plaintiff willfully and/or negligently violated provisions of the FDCPA in the following respects:

(a) by failing to cease collection of an alleged debt after the Defendant notified Plaintiff in writing that the alleged debt was disputed, therefore violating 15 USC 1692g(.

NOW THEREFORE, DEFENDANT PRAYS FOR THE FOLLOWING RELIEF:

PRAYER FOR RELIEF:

52. A. For Defendant’s First Cause of Action

1) Statutory damages as specified in 15 USC 1692k in the amount of $1,000;

B. For Defendant’s Second Cause of Action

1) Statutory damages as specified in 15 USC 1692k in the amount of $1,000;

C. For Defendant’s Third Cause of Action

1) Statutory damages as specified in 15 USC 1692k in the amount of $1,000;

D. For Defendant’s Fourth Cause of Action

1) Statutory damages as specified in 15 USC 1692k in the amount of $1,000;

E. Actual damages in an amount to be determined by judge or jury;

F. Exemplary relief in an amount to be determined by judge or jury;

G. Injunctive relief;

H. Declaratory relief;

I. Any attorney fees if applicable;

J. costs;

K. That any and all contracts having balances owed to the Plaintiff by the Defendant be declared null and void.

FURTHER, sayeth naught.

53. Defendant prays judgment in Defendant’s favor and asks relief in the total amount of Four Thousand Dollars ($4,000) plus any applicable attorney’s fees.

55. That any and all contracts having balances owed to the Plaintiff by the Defendant be declared null and void.

FURTHER, sayeth naught.

Dated: January 12, 2008

by

XXXX

XXXXX

XXXX

TO:

Cavalry Portfolio Services, LLC

7 Skyline Drive

Hawthorne, NY 10532

[Amerikaner83]

One thing: FDCPA only allows for 1K in TOTAL statutory damages - no matter if they violate once or 20 times.

another: you ask for relief based on Oklahome consumer protection act, but you make no reference to Oklahoma laws...and you're not in OK anyhow...may need to change that part.

[pookie]

LOL... I copy and pasted from an Oklahoma example... I'll go back through and make sure I changed everything to Georgia.

And so are you saying that I can sue for each violation of the FCRA, but I can only sue once for violation of FDCPA... no matter how many times it was violated, even if different sections were violated?

[Krash]

I HATE CAVARLY, i read that one guys post you replied to POOKIE and that is the reason why i don't keep cash in my BANK ACCOUNT lol, because I afraid that they will hold it, wonder if i went to cash my check with a garnishment on my bank account would they cash my check or give it back and let me leave? HUM. I dont have no more than a few bucks in it at a time lol, PLUS i have a secured loan they can't touch that lol, and when i make a payment i will draw it out when it comes available.. I can't stand CA"S

[pookie]

Yeah... Cavalry sucks. But you need to fight back! I'll be damned if I let these folks sue me when they've violated my rights so many times...

[StressPot]

And so are you saying that I can sue for each violation of the FCRA, but I can only sue once for violation of FDCPA... no matter how many times it was violated, even if different sections were violated?

Please correct me if I am wrong but...

FCRA indeed lets you claim relief for each violation. The FDCPA on the other hand lets you claim relieve for each ACTION. An action is defined as one single lawsuit (or counterclaim in your case).

You will want to list each FDCPA violation, but I would let the court decide on what the proper relief would be.

If you can prove actual damages, you can get more. Actual Damages being something like, for example, the damage to your credit rating caused the interest rate on a car loan to balloon. You would ask for reimburstment of the difference between the rate you should have gotten and what you were stuck with. Another example of actual damages is putting a $ amount on the amount of time you've taken to pursue the counter claim.

Stay reasonable with Actual Damages, as you will have to prove each one.

Good luck with this!

StressPot

[Krash]

believe me, i will , I am going to retain a lawyer to really show i mean business!! i may can do it alone, but it will be well worth the 1g or so to put them in their place lol.. heck man i paid for 2 years and they wanted more, so they said well we have no mail box here now and sent my payment back and almost instantly they charged me 12g from 10, and then 4 months later, 20g and then back to 18gs lol

[pookie]

Thanks for that info, Stresspot! And you're right: FDCPA gives statutory damages of $1,000... plus any actual damages, attorney's fees, court costs, etc.

I've definitely got Cavalry on the $1000 statutory violation... and I'm not trying to be greedy here, but I really wanna give Cavalry a kick in the a** for all the drama they've caused me. I could argue emotional distress under the actual damages, and monetary compensation for all the letters I had to mail, for which I have proof. From what I've read, the court won't necessarily ask for any documentation of emotional distress. Does anybody have any input on that? I suppose I could ask for a small and modest amount for actual damages...

[Krash]

when i talk to a lawyer i am going to claim all kinds of emotional distress due to all the horse crap they cause me with my credit! I hate em.......

[montanatim]

I find it hard to believe, that any CA/JDB has cart blanche to violate every protection in the FDCPA against one person, and only get dinged for $1000.00.

If I kill 12 people in cold blood I'll only get charged with one murder?

If someone were renting 3 apartments from me and defaulted on the rent, I couldn't sue for all three defaults?

Some CA/JDB fails to validate and sends more dunning letters, then engages in third party communications, then threatens to sue on rented attorney letterhead, Then threatens to take my car and beat me up in writing, and their only liable for $1000.00?

Doesn't seem possible to me. Does anyone have case law proving this?

[StressPot]

I could argue emotional distress under the actual damages, and monetary compensation for all the letters I had to mail, for which I have proof. From what I've read, the court won't necessarily ask for any documentation of emotional distress. Does anybody have any input on that?

I would be careful here if you claim IIED (Intentional Infliction of Emotional Distress). I had a lawyer when we claimed IIED. During the out of court settlement negotiations the defendant (I was plaintiff) refuted the claim. Their arguement was based on the fact that I lacked doctor's testimony or outside bills in proof of my claim.

In the end, I received IIED damages, but I had to reduce what I was asking for, and I went through the effort of obtaining affidavits from those whom I associate with on a daily basis to back up my claim. I also had a really good argument to begin with.

You can't just say "it caused me distress" and expect the claim to be taken at face value.

StressPot

[pookie]

I find it hard to believe, that any CA/JDB has cart blanche to violate every protection in the FDCPA against one person, and only get dinged for $1000.00.

If I kill 12 people in cold blood I'll only get charged with one murder?

If someone were renting 3 apartments from me and defaulted on the rent, I couldn't sue for all three defaults?

Some CA/JDB fails to validate and sends more dunning letters, then engages in third party communications, then threatens to sue on rented attorney letterhead, Then threatens to take my car and beat me up in writing, and their only liable for $1000.00?

Doesn't seem possible to me. Does anyone have case law proving this?

It's in the FDCPA... section 15 USC 1692k(a)(2)(a)... statutory damages UP TO $1000. Sucks

With the FCRA, I could bust them on each violation, but so far, it looks like Cavalry hasn't violated the FCRA, only FDCPA... I'll have to investigate a little more, but that's all I've got them on

[pookie]

You can't just say "it caused me distress" and expect the claim to be taken at face value.

Thanks Stresspot. I knew it was a long shot, but I figured I wouldnt be able to argue it without some sort of proof. And I won't be having a lawyer, so I won't try to do that then. I will stick to the statutory damages and any other financial damage I can prove.

[pookie]

Another question:

Should I just file a motion to dismiss the complaint? I feel I have grounds to do that. Or should I do that after I file my answer to the summons... or could I do them both at the same time?

[pookie]

Ok... after doing some more research, I've revised my counterclaim. Took out some of the defenses, reworded some things, etc. Just posting it here for all to see. I'm pretty happy with it, and I'll file it tomorrow! Bring it on Cavalry!

IN THE MAGISTRATE COURT OF THE STATE OF GEORGIA

FOR THE COUNTY OF XXXXXXXX

Cavalry Portfolio Services, LLC )

Plaintiff ) Case No._____________________

Vs. )

) FIRST AMENDED ANSWERS,

XXXXXXXX ) DEFENSES AND COUNTERCLAIMS

Defendant(s) )

Defendant, appearing pro se, for its reply to the Complaint of Cavalry Portfolio Services, LLC (hereafter "Cavalry") states as follows. All allegations of the Complaint are denied unless expressly admitted herein.

ANSWERS

1. The Defendant disputes the alleged debt, as solicited in the complaint.

2. The Complaint states legal conclusions to which no response is necessary. However, to the extent that the Court may deem a response to be necessary, defendant denies the allegation and demands strict proof thereof.

3. The Defendant is at this time without knowledge or information sufficient to form a belief as to the truth of the allegation contained therein, and on that basis generally and specifically denies the allegation contained therein, and leaves the Plaintiff to provide proof. Defendant demands strict proof thereof.

4. To the extent a response is required, defendant is at this time without knowledge or information sufficient to form a belief as to the truth of the allegation contained therein, and on that basis generally and specifically denies the allegation contained therein and leaves the Plaintiff to provide proof. Defendant demands strict proof thereof.

DEFENSES

5. As and for a First Defense

Plaintiff failed to state a claim upon which relief can be granted. Plaintiff's Complaint and each cause of action therein fails to state facts sufficient to constitute a cause of action against the Defendant for which relief can be granted.

6. As and for a Second Defense

Defendant alleges that this action is time-barred under § O.C.G.A 9-3-25 of the laws of Georgia.

7. As and for a Third Defense

Plaintiff admits to purchasing the defaulted debt allegedly owed by the Defendant, causing Plaintiff's injury to its own self, therefore Plaintiff is barred from seeking relief for damages.

8. As and for a Fourth Defense

Plaintiff's Complaint violates the statute of Frauds as the purported contract or agreement falls within a class of contracts or agreements required to be in writing. The purported contract or agreement alleged in the Complaint is not in writing and signed by the Defendant or by some other person authorized by the Defendant and who was to answer for the alleged debt, default or miscarriage of another person.

9. As and for a Fifth Defense

Defendant claims Lack of Privity as Defendant has never entered into any contractual or debtor/creditor arrangements with the Plaintiff.

10. As and for a Sixth Defense

Defendant alleges that the Complaint includes references to alleged agreements made outside of the alleged written contract, violating the Parole Evidence Rule.

11. As and for an Seventh Defense

Defendant invokes the Doctrine of Unclean Hands as the Defendant alleges that the Plaintiff or the person or entity that assigned the alleged claim to Plaintiff acted in a dishonest or fraudulent manner with respect to the dispute at issue in this case.

12. As and for a Eighth Defense

Defendant alleges that Plaintiff's actions are precluded, whereas Plaintiff's demands for interest are usurious and violate state and federal laws.

13. As and for a Ninth Defense

Defendant alleges that Plaintiff or the person or entity that assigned the alleged claim to the Plaintiff is not entitled to reimbursement of attorneys' fees because the alleged contract did not include such a provision, and there is no law that otherwise allows them.

14. As and for an Tenth Defense

Plaintiff failed to comply with normal and accepted business practices.

15. As and for a Eleventh Defense

Plaintiff’s claim is in violation of federal statute.

16. As and for a Twelfth Defense

Defendant invokes the Doctrine of Laches as the Plaintiff or the person or entity that assigned the claim to the Plaintiff waited too long to file this lawsuit, making if difficult or impossible for the Defendant to find witnesses or evidence, or that evidence necessary to provide for Defendant's defense has been lost or destroyed.

17. As and for a Thirteen Defense

Defendant alleges that the granting of the Plaintiff's demand in the Complaint would result in Unjust Enrichment as the Plaintiff would receive more money than plaintiff is entitled to receive.

18. As and for a Fourteenth Defense

Defendant reserves the right to amend and/or add additional Answers, Defenses and/or Counterclaims at a later date.

COUNTERCLAIMS

FIRST CAUSE OF ACTION

Statement of Facts

19. Defendant resides in Georgia and is a consumer as that term is defined by the Fair Debt Collection Practices Act 15 USC 1692 et seq (“FDCPA”).

20. Upon information and belief, CAVALRY PORTFOLIO LLC (“Cavalry”) is a foreign limited liability Company authorized to do business in New York; that Cavalry’s principal business is the collection of debts from others; that Cavalry regularly collects debts; that Cavalry uses the instruments of interstate commerce and the mail to collect debts.

21. Cavalry is a “debt collector” as the term is defined by the FDCPA.

22. The alleged credit card account is a “debt” as that term is defined by the FDCPA, that the alleged account was meant to be used primarily for personal, family, or household purposes

23. December 01, 2006, Cavalry sent a letter to the Defendant, requesting payment on this alleged debt.

24. January 27, 2007, Defendant sent Cavalry, by way of certified mail, request for validation of alleged debt, including a questionnaire about said debt and a request for documentation.

25. A similar letter and request for validation were sent to Cavalry by way of certified mail on March 5, 2007.

26. Up until the date of this filing, no attempt at validation was received from Cavalry, yet they continued to pursue collection activity on alleged debt.

Statement of Claim

27. In the entire course of its action, Plaintiff willfully and/or negligently violated provisions of the Fair Debt Collection Practices Act (hereafter “FDCPA”) in the following respects:

(a) by failing to cease collection of an alleged debt after the Defendant notified Plaintiff in writing that the alleged debt was disputed, therefore violating 15 USC 1692g(.

SECOND CAUSE OF ACTION

Statement of Facts

28. Defendant repeats and re-alleges each allegation in paragraphs 19-27 with like effect as if fully repeated herein.

29. Defendant received a notice from Cavalry, dated December 01, 2006, noting a Balance of $2,895.73.

30. Defendant received a notice from Cavalry, dated May 15, 2007, noting a Balance of $3,066.86.

31. Defendant received a notice from Cavalry, dated September 11, 2007, noting a Balance of $3,247.87.

32. Defendant was served with a Summons concerning alleged debt, dated December 19, 2008, noting a Balance of $3,167.87.

Statement of Claim

33. In the entire course of its action, Plaintiff willfully and/or negligently violated provisions of the FDCPA in the following respects:

(a) By falsely representing the amount of the alleged debt and therefore violating 15 USC 1692e(2)(A)

THIRD CAUSE OF ACTION

Statement of Facts

34. Defendant repeats and re-alleges each allegation in paragraphs 19-27 and 28-33 with like effect as if fully repeated herein.

35. Defendant had asked for documents concerning alleged debt as validation on two occasions.

36. Up until the date of this filing, no attempt at validation was received from Cavalry, yet they continued to pursue collection activity on alleged debt.

37. Up until the date of this filing, Cavalry continues to report alleged debt to the credit bureaus.

Statement of Claim

38. In the entire course of its action, Plaintiff willfully and/or negligently violated provisions of the FDCPA in the following respects:

(a) By failing to cease reporting of an alleged debt to the credit bureaus if Plaintiff has not validated the alleged debt, therefore violating 15 USC 1692g(.

FOURTH CAUSE OF ACTION

Statement of Facts

39. Defendant repeats and re-alleges each allegation in paragraphs 19-27, 28-33, and 34-38 with like effect as if fully repeated herein.

40. Defendant had asked for documents concerning alleged debt as validation on two occasions.

41. On December 19, 2007, Defendant was served with Summons concerning alleged debt.

Statement of Claim

42. In the entire course of its action, Plaintiff willfully and/or negligently violated provisions of the FDCPA in the following respects:

(a) by failing to cease collection of an alleged debt after the Defendant notified Plaintiff in writing that the alleged debt was disputed, therefore violating 15 USC 1692g(.

THEREFORE THE DEFENDANT ASKS THE COURT FOR JUDGMENT:

43. (a) Dismissing the complaint herein,

( in favor of the defendant on the counterclaims:

(i) for actual damages,

(ii) for statutory damages in an amount up to $1000 per 15 USC 1692k,

(iii) for reasonable attorney’s fees, per 15 USC 1692k,

© costs and disbursements of this action,

(d) such other and different relief as the Court finds proper,

(e) that any and all contracts having balances owed to the Plaintiff by the Defendant be declared null and void.

Dated: January 13, 2008