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Case against Cavalry - Adjudicated


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Bad news for me folks, looks like I failed against Cavalry.

 

Just checked my case and near the end of November the case status was changed to "Adjudicated" (though I've received nothing from the court about this yet).  The trial was set for February but Cavalry made a motion for Summary Judgement.  I responded of course but apparently I didn't get it right.

 

So now I guess I'll have to look into an appeal or perhaps consider bankruptcy.  The amount of money we're talking is a bit less than $10,000 but I really don't feel like forking any cash over to a JDB.

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Nope, never got that far.  They filed for MSJ, I replied, and I haven't heard anything at all from anybody since I received their paperwork for the MSJ.  I made the mistake of not watching my case status so I suppose I've missed some opportunities to combat this.

 

It's surprising to me because the court had been prompt about sending their paperwork regarding the case prior to this.  I assumed everything was fine and was waiting for February to roll around.  Now I see this Adjudicated thing was entered November 26th but haven't heard a thing from the court or Cavalry in all the time since then.

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Maybe it was adjudicated; but in your favor (I doubt it though). You might be "judgement proof", check your rules.If they did win a judgement they still have to collect. You could offer them a fraction of what they won, on a take it or leave it basis, and inform them that you are judgement proof or will file BK if not. I would only speak to the lawyer however.

 

And like you said, you may be able to appeal.

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You could offer them a fraction of what they won, on a take it or leave it basis, and inform them that you are judgement proof or will file BK if not.

 

That's a good idea, I hadn't considered trying to bargain with them.  I suppose it would be preferable to pay them something in order to avoid damaging my credit for 10 years.

 

So I suppose now I must wait for documentation to come from the court.  I've emptied my bank accounts as a precaution since they'll doubtlessly get to work on garnishment and all that garbage as soon as they can.

 

Ugh, this is NOT how I wanted to start out 2013.  First my Pop has a trip to the hospital after fainting and busting his head open, now I find out this JDB apparently won.  :neutral:

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That's a good idea, I hadn't considered trying to bargain with them.  I suppose it would be preferable to pay them something in order to avoid damaging my credit for 10 years.

I'm not a big fan of bargaining with them UNLESS you lose a case. But I think at this point you can make a great deal. You need to have the cash on hand however, you can't negotiate much without it, nor can you trust them with a payment arrangement. 

 

So I suppose now I must wait for documentation to come from the court.  I've emptied my bank accounts as a precaution since they'll doubtlessly get to work on garnishment and all that garbage as soon as they can.

 

Ugh, this is NOT how I wanted to start out 2013.  First my Pop has a trip to the hospital after fainting and busting his head open, now I find out this JDB apparently won.  :neutral:

Smart to empty the bank account.Check the court website for information on your case, it is possible that they dismissed the case (unlikely though).

 

There's plenty of year left for improvement, best wishes to you and your pop. Also, they may have won the battle; but not the war, they still have to collect.

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Yikes me too!  Same Law firm for Calvary - Maricopa Justice Court but different judge and Court.  This after I won in Superior Court against an Original Creditor and judge himself made it clear no basis for SJ without testifmony at trial.

 

I haven't reserached your history... but Justice Court seems to be just robo-signing judgements for attorney Nelson Ewing.

 

I did extensive reply and Memoradum of law with the 2 recent AZ Appeals cases and Judge in Superior Court making it clear there is no basis for summary judgement based on affidavits and records without a life witness at trial.

 

I wonder if Justice Court judges ever actually read the Memorandams of Law and cites of exactly the same situaton ruled on by higher Courts,  Or do they just have a cozy relationship with the credit card attorneys like for Cavalry.

 

I am within the 14 day period to file Notice of Appeal but I do not yet have the order either of a 12/24 judgement that seems to ignore the rulings in the Arzizona Appeals court.

 

Problem with filing the Notice of appeal and then within 60 days an Appeal package - they can still go after assets unless you post a bond for the full amount.  And am not quite sure what to do in Appeal Memorandum - just read my extensive Memorandum opposing Summary Judgment - if a judge reads it should be obvious if follow Appeals Court there is no basis for SJ.

 

You have a worse case since as I understand it the 14 calender day period to appeal is absolute.  You should call the Court saying you never even got the order so how could you have appealed in 14 days!

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Here is something intersting:

Cavalry Portfolio Services, LLC is a high volume debt collector with offices located at 4050 E. Cotton Center Blvd. #20 Phoenix, AZ 85040 and 7 Skyline Drive, Hawthorne, New York 10532.

  • Cavalry Portfolio Services, LLC is a limited liability company created in Delaware,  registered in Arizona as a foreign limited liability company and is also licensed as a collection agency with the Arizona Department of Financial Institutions.  It is the litigation subsidiary of Cavalry Investments, LLC, who is a large, well-funded national “bad debt” buyer whose corporate office is in Hawthorne, New York.
  • Cavalry Portfolio Services, LLC maintains an Arizona office at 4050 E. Cotton Center Blvd. #20 Phoenix, AZ 85040, along with their collection attorney of record, Mr. Nelson Ewing, II.
  • Because they are a registered collection agency, they must adhere to Arizona statutes and Rules that deal specifically with collection agencies, and their collection practices are subject to review by the Arizona Department of Financial Institutions.
  • Cavalry Portfolio Services, LLC was investigated by the Arizona Department of Financial Institutions in 2009 concerning their collection practices, and paid $ 15,000 and signed a Consent Order in settlement of that investigation (#09F-BD044-BNK).
  • Cavalry Portfolio Services, LLC, is very aggressive in their collection and litigation policies, and utilize a computer support system that makes it extremely difficult for consumers who represent themselves to keep from being overwhelmed by legal pleadings and paperwork.
  • Cavalry Portfolio Services, LLC, also is very active in garnishing the wages and bank accounts of consumers that they obtain judgments against.
  • Don't be a victim of debt collection abuse.

    If you are being sued by Cavalry Portfolio Services, LLC or its representatives, or are suffering debt collection abuse or harassment at the hands of Cavalry Portfolio Services, contact the consumer lawyers at The Law Office of Richard Groves at (602) 230-0995

Source: http://azdebtlawyer.com/cavalryportfolio.html

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I don't see how the court can post a trial date on the docket, and then not have a hearing UNLESS they contact you of any change.  I'd be at the courthouse looking in my file to see if a notice was sent or if there's anything from the court that you should have received but didn't.

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I haven't reserached your history... but Justice Court seems to be just robo-signing judgements for attorney Nelson Ewing.

 

I did extensive reply and Memoradum of law with the 2 recent AZ Appeals cases and Judge in Superior Court making it clear there is no basis for summary judgement based on affidavits and records without a life witness at trial.

 

 

What were the cases?

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Well again I haven't heard anything from the court in ages.  The whole process has been lacking professionalism, from spelling errors on documents to a lack of organization.  Are all all court systems like this these days?  I can understand a huge load of cases going through the system but for crying out loud get things right!

 

I'll head to the court in the next day or so and see what information they have and compare it to mine.  We'll see if anything is missing.

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What were the cases?

The citable AZ Appeals case I announced at

http://www.creditinfocenter.com/community/topic/318258-arizona-big-win-again-court-of-appeals/

 

Then another earlier the same but while non citiable the judge in Superior Court in my own case cited it during oral arguments after the cc attorney presented. Before I opened my mouth Judge Rhea told hte cc attorney that based on the non citiable Appeals court case, affidavits and cc statements are non admissible hearsay - must have a live witness at trial so the cc company lost the SJ and dismissed the case against me.

 

I am trying to get the CD Tape of that session with the Judge stating that - and now have two Appeals Cases in support the non citiable which my judge cited in my favor and now the case in the above thread.

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You still don't know what the decision was from the looks of your posts. Go to the court house and ask the clerk for a copy of the decision. If there is a trial scheduled, that should mean their MSJ was denied. If it was granted, the case would show that and there would be an entry that specifies a judgment was entered against you.

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I don't see how the court can post a trial date on the docket, and then not have a hearing UNLESS they contact you of any change.  I'd be at the courthouse looking in my file to see if a notice was sent or if there's anything from the court that you should have received but didn't.

 

A motion for SJ can be filed long before a set trial date.  Eariler there was a mediation hearing but the Calvery MSJ was missing a page and signature so the mediator postphoned the mediation since had incomplete filing.  The attoneys for Calvery didn't have a full filing.  They corrected, I timely responded  with 15 page memo of law etc using Appeals case and others clearly requiring live testimony not a SJ. Also challanged standing to sue and SOL- yet Judge ignored  all the issues in dispute  and just gave Calvery the judgment.

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You still don't know what the decision was from the looks of your posts. Go to the court house and ask the clerk for a copy of the decision. If there is a trial scheduled, that should mean their MSJ was denied. If it was granted, the case would show that and there would be an entry that specifies a judgment was entered against you.

 

The record posted show judgments were entered against him.  THis is what the record looks like after judgment granted showing amounts seperately for fees, interest etc F is For A is Against.

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The non published, non citable case which the Superior Court judge cited in dismissal of Credit Card OC motion for SJ was Discovery vs. Jankowshi No 1 CA-CC 11-0679 of 9/26/12.

 

Following that on 12/4/2012 was Wells Fargo vs. Cola D. Allen No 1 CA-CV 11-0572 which is citable.

 

Both point out the need for live testimony at trial of credit card records not just an affidavit and not a basis for SJ.

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Maybe I'm just dense tonight, but I didn't read where the courts ruled a live testimony was necessary. 

 

Yes but... :)   Actually good point ---

 

The affidavits and tons of statements were all not sufficient to meet the business-records exemption therefore, there WAS a material fact in dispute.  This is basically the same as the Discovery case.  At my oral hearing in Superior Court the Judge told the CC attorney about the Discovery case and the only way to meet the exemption would be live testimony - the attorney dismissed the case not wanting to have to pay for travel etc of a witness.  While the case doesn't say "live testimony required" that is the only way it seems to make a conclusion about the results - affidavits and computer documents are not admissible.  The only alternative is live testimony from how I understand it.

 

I am ordering the oral E-court recording of my case to get the judges exact words and hope I can use it in other cases in addition to the two Appeals Court cases.

 

Interestingly I was also contacted by the IRS and informed of identify theft!  Someone using my name and SS tried to claim a refund effecting 2007 and 2012 so had to file police report etc but other than an IRS ID number they will not give me any other info - told me to file various ID theft reports but without any other info from IRS hard to determine

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Yes but... :)   Actually good point ---

 

The affidavits and tons of statements were all not sufficient to meet the business-records exemption therefore, there WAS a material fact in dispute.  This is basically the same as the Discovery case.  At my oral hearing in Superior Court the Judge told the CC attorney about the Discovery case and the only way to meet the exemption would be live testimony - the attorney dismissed the case not wanting to have to pay for travel etc of a witness.  While the case doesn't say "live testimony required" that is the only way it seems to make a conclusion about the results - affidavits and computer documents are not admissible.  The only alternative is live testimony from how I understand it.

 

I am ordering the oral E-court recording of my case to get the judges exact words and hope I can use it in other cases in addition to the two Appeals Court cases.

 

Interestingly I was also contacted by the IRS and informed of identify theft!  Someone using my name and SS tried to claim a refund effecting 2007 and 2012 so had to file police report etc but other than an IRS ID number they will not give me any other info - told me to file various ID theft reports but without any other info from IRS hard to determine

Sounds like the IRS actually did you some good, and gave you an affirmative defense with the ID theft.
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