ohnowwhat Posted March 16, 2013 Report Share Posted March 16, 2013 I got a letter in the mail today from a law office stating "you may not have been served yet but public records show you have a lawsuit or garnishment from Cavalry LLc " and then they went on to offer me bankrupcy or chapter 7 help ect with a flier for their law office. So does this mean I am being sued? I also looked at my credit report on the card in question and it said a payment was made in 2010 and I never made one since I have no idea about this card. That would throw out the 6 year limitation. And my report also says it was charged off in 2011 so I am not sure what to think. My laws would be TN. Thank you. Link to comment Share on other sites More sharing options...
ohnowwhat Posted March 16, 2013 Author Report Share Posted March 16, 2013 I got a letter in the mail today from a law office stating "you may not have been served yet but public records show you have a lawsuit or garnishment from Cavalry LLc " and then they went on to offer me bankrupcy or chapter 7 help ect with a flier for their law office. So does this mean I am being sued? I also looked at my credit report on the card in question and it said a payment was made in 2010 and I never made one since I have no idea about this card. That would throw out the 6 year limitation. And my report also says it was charged off in 2011 so I am not sure what to think. My laws would be TN. Thank you. Link to comment Share on other sites More sharing options...
1stStep Posted March 16, 2013 Report Share Posted March 16, 2013 Check your local courthouse... most likely, they filed, but you have not been served yet. Link to comment Share on other sites More sharing options...
willingtocope Posted March 16, 2013 Report Share Posted March 16, 2013 There are lawyers who drum up business by scanning the local court records for pending lawsuits, and then send the defendant an offer to represent them. Debt chasers, I call them. You need to check your local court to see if you are being sued. Sometimes you can do that online, otherwise call. Link to comment Share on other sites More sharing options...
ohnowwhat Posted March 17, 2013 Author Report Share Posted March 17, 2013 Great.... that being said I guess I need to prepare to be sued for 1,300 however I thought there was some sort of law in each state about the time limit. Mine is 6 years and 6 years since payment, however I looked at my credit report today and experian says I made a payment in 2010 and I most certaily did not make any such payment. I know there are a lot of people on this site who have or are being sued by Cavalry. So I will do some digging and hope to answer my own questions, I suppose we start by getting a lawyer and responding to the 30 day notice(if and when I get served)? Or is getting legal council a waist of money? What are they wanting me to do? pay the full amount up front? make payments? How do I know these are my charges? ect ect.. thank you all I suppose I can call the county clerk and ask if I am being sued. I can not find a way to look at TN online. Link to comment Share on other sites More sharing options...
1stStep Posted March 17, 2013 Report Share Posted March 17, 2013 Most times, if you get counsel, they will attempt to negotiate a settlement you can live with - many lawyers do not want to take anything to trial. Link to comment Share on other sites More sharing options...
TNConsumerLawyer Posted March 17, 2013 Report Share Posted March 17, 2013 If you got a letter from a law firm in TN, then yes . . . Cavalry - likely Cavalry SPV I - has sued you in your counties General Sessions Court. They counsel is almost certainly Connor & Garnes out of Maryville. Jason Beddingfield or Bart Williams will be lead counsel although Chris Connor may be listed on the Civil Warrant in Debt. If you want this dismissed or gone before you are ever served, that can happen. I've been to many trials with them and now, they just dismiss. No point in losing, paying my fees, and any statutory violations for a counter-complaint I file. 1 Link to comment Share on other sites More sharing options...
ohnowwhat Posted March 17, 2013 Author Report Share Posted March 17, 2013 How do I settle before being served? Link to comment Share on other sites More sharing options...
1stStep Posted March 17, 2013 Report Share Posted March 17, 2013 Why would you want to do that - if you press the issue enough, Cavalry will back down since they rarely can prove that they own the debt - which means they don't have standing to sue. Link to comment Share on other sites More sharing options...
ohnowwhat Posted March 17, 2013 Author Report Share Posted March 17, 2013 I have never been sued before and just want a painless way to deal with this. Link to comment Share on other sites More sharing options...
TNConsumerLawyer Posted March 17, 2013 Report Share Posted March 17, 2013 Give them a call and pay them what they want? I guess that would be the most painless way to deal with it . . . I mean hiring an attorney that makes them dismiss - without you paying them a cent - is more difficult, right? I'm lost, I generally don't pay companies that can't prove that I owe them anything and that are attempting to essentially extort me. That's just me though. Link to comment Share on other sites More sharing options...
ohnowwhat Posted March 17, 2013 Author Report Share Posted March 17, 2013 If you got a letter from a law firm in TN, then yes . . . Cavalry - likely Cavalry SPV I - has sued you in your counties General Sessions Court. They counsel is almost certainly Connor & Garnes out of Maryville. Jason Beddingfield or Bart Williams will be lead counsel although Chris Connor may be listed on the Civil Warrant in Debt. If you want this dismissed or gone before you are ever served, that can happen. I've been to many trials with them and now, they just dismiss. No point in losing, paying my fees, and any statutory violations for a counter-complaint I file.Well you had said at the end of this dismissed or goe before I am served that could happen. So I assumed that is what you meant. Sorry I am new at this. Link to comment Share on other sites More sharing options...
TNConsumerLawyer Posted March 17, 2013 Report Share Posted March 17, 2013 Sorry, I know you are new at this - most are and they are rightfully confused by a process stacked against them. I meant no offense. Rather, I am simply encouraging you to pay for something that gets you something; i.e., an attorney that will make this go away as opposed to a debt purchaser that may have paid a few cents on the dollar for some old alleged debt. I - for one - will not offer them a penny to settle unless a client tells me to. I just file the same thing over and over (just like they do) and they dismiss. It NEVER goes to hearing - not anymore. 2 Link to comment Share on other sites More sharing options...
ohnowwhat Posted March 17, 2013 Author Report Share Posted March 17, 2013 Sounds good to me. Thank you!! Link to comment Share on other sites More sharing options...
Torden Posted March 18, 2013 Report Share Posted March 18, 2013 Sorry, I know you are new at this - most are and they are rightfully confused by a process stacked against them. I meant no offense. Rather, I am simply encouraging you to pay for something that gets you something; i.e., an attorney that will make this go away as opposed to a debt purchaser that may have paid a few cents on the dollar for some old alleged debt. I - for one - will not offer them a penny to settle unless a client tells me to. I just file the same thing over and over (just like they do) and they dismiss. It NEVER goes to hearing - not anymore. So you are saying that debt collectors are depriving you of court room litigation experience? 1 Link to comment Share on other sites More sharing options...
ohnowwhat Posted March 18, 2013 Author Report Share Posted March 18, 2013 Oh is it that much fun?? I am loosing sleep over this mess. I just want to get it over with and move on with my life. I have been reading and some people seem to always be in court or always writing something to someone ect...dragging it on and on and hey if I can get this gone the first time (or second) I am willing to do that. However I am alone here with my kids and to be honest I am just over it.The one thing I do want to find out about is why it says that the alleged credit card had a payment made dec 2010? I made no payment to the alleged card so just want to see who paid that lol. That seems like they made it up so my SOL would start over. It had been 6 years before that looking at said credid card on my report. Link to comment Share on other sites More sharing options...
nascar Posted March 18, 2013 Report Share Posted March 18, 2013 Sorry, I know you are new at this - most are and they are rightfully confused by a process stacked against them. I meant no offense. Rather, I am simply encouraging you to pay for something that gets you something; i.e., an attorney that will make this go away as opposed to a debt purchaser that may have paid a few cents on the dollar for some old alleged debt. I - for one - will not offer them a penny to settle unless a client tells me to. I just file the same thing over and over (just like they do) and they dismiss. It NEVER goes to hearing - not anymore.I often wonder why these debt collection attorneys who habitually dismiss upon appearance of defense counsel aren't hit with more Rule 11 motions. They either (1) do not have any evidentiary support for their claim, or (2) they file suit simply for purposes of harassment; never intending to follow through if defendant appears. 1 Link to comment Share on other sites More sharing options...
ohnowwhat Posted March 18, 2013 Author Report Share Posted March 18, 2013 I just called the county clerks office and yes I am being served. They tried to serve me at my old address. She offered to give me the name and number of who is suing me in the county. I am not sure if I should call them or not . Link to comment Share on other sites More sharing options...
nascar Posted March 18, 2013 Report Share Posted March 18, 2013 I just called the county clerks office and yes I am being served. They tried to serve me at my old address. She offered to give me the name and number of who is suing me in the county. I am not sure if I should call them or not .If you've retained counsel, you could call simply to inform Plaintiff that your attorney will accept service on your behalf. Link to comment Share on other sites More sharing options...
ohnowwhat Posted March 18, 2013 Author Report Share Posted March 18, 2013 I am retaining one today. Just talked to him. Link to comment Share on other sites More sharing options...
nascar Posted March 18, 2013 Report Share Posted March 18, 2013 I am retaining one today. Just talked to him.Excellent! Link to comment Share on other sites More sharing options...
ArtVandelay Posted March 18, 2013 Report Share Posted March 18, 2013 Make sure and look at how much they are suing you for. One thing I have observed is that Cavalry sometimes doubles or triples the amount of the original alleged debt. They have to prove that they have the legal right to do this. Remember the odds of them having them the documentation to even be suing you may be in question. Make sure and talk to your attorney about all of this. Link to comment Share on other sites More sharing options...
ohnowwhat Posted March 18, 2013 Author Report Share Posted March 18, 2013 I paid him and he said he contacted the party that sued me and they dropped it. So I should not get served the papers and will get the documents this week from the other party. 3 Link to comment Share on other sites More sharing options...
debtzapper Posted March 19, 2013 Report Share Posted March 19, 2013 Sounds like you have a good lawyer! Link to comment Share on other sites More sharing options...
ohnowwhat Posted March 19, 2013 Author Report Share Posted March 19, 2013 I hope so, I need the papers in my hands before I will take a deep breath. So far no papers served and he said they dropped it and he is waiting for them to respond in writing. Link to comment Share on other sites More sharing options...
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