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Is Cavalry this lazy or stupid???


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Just like Fox News, I report, you decide.

 

I got a voice mail on Monday from Calvary. No suit has been filed. I looked at some of the cases they’ve brought in NY and my jaw dropped. :hmmmmm: Here is a typical complaint from them:

 

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As much as everyone jokes in this forum that the typical JDB sues based on the “Just take my word for it” method to suing in court. I was amazed that they didn’t even list who the OC was. The only thing that accompanies the proposed default judgment later on is the attorney affirmation. What is even more amazing is that there are a couple of suburban judges who actually grant the default judgment. I can only assume that on those particular cases, the judges were late for afternoon tee times. In a few other courts, the proposed default judgment doesn’t get that far as they were rejected by the court clerk. :)%

 

So here is my quandary, should I adopt the Coltfan Method in Dealing with JDB’sTM? XFryingPanX  Coltfan, I took the liberty of putting a TM on this. The heck with YouTube, I have a couple of industry contacts in case you want to do an infomercial. xtvx

 

I’m leaning toward waiting to see if I get my 5 day letter, then I’m debating what to put in my 30 day letter in reply. If they can afford the offices that they occupy in Valhalla NY (Class A office space, etc., I’ve been on that campus, real nice), then surely they can afford to settle a few FDCPA, FCRA, etc. violations.

 

I’m open to any and all advice.

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Actually, that complaint isn't as bad as you think. It accomplishes what a complaint should do, it puts the defendant on notice that he is being sued, and for what. That complaint does that. The rest, who the OC is and any additional information would be gotten through disclosure. Defaults are granted when the defendant is a no show, it doesn't matter how bad the complaint is. Challenging the content of the complaint is the defendant's job, not the judge's. Most of these people never evn file an answer, much less a request to revise.

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With most judges they could write the complaint in crayon and as long as the defendant doesn't show they get a default judgment. That is how they make so much money. File 100 lawsuits and get 90+ defaults. A lot of the attorneys they hire will not waste time or money on fighting to the end. Once the bluffing game is over they are out of bullets.

 

Make sure and save those messages. I suggest buying a digital recorder with a USB port so you can transfer them to your computer. I keep copies on my answering machine, recorder and computer. You also want to take a picture of the caller ID on your phone for each one. Keep all letters they send you including envelopes also. I took some letters and messages to my attorney thinking I had one violation. He found three more. 

 

Its hard to answer the question are they dumb or lazy, because in the end they make tens of millions of dollars doing this. They simply just don't care, because most of their victims don't seem to care either.

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I understand the default judgment and all. I guess I was shocked because certain judges in the judical district (in two cases, even the same courthouse) have denied unopposed requests for judgments citing even with some billing statements, etc. attached. The reason they denied was that there were no affidavits from the Plaintiff or someone having personal knowledge. In one case they specifically cited that an attorney affirmation cannot substitute for an affiant from the plaintiff.

 

What is sad is for the most part, whenever someone answered a complaint (even general denials), probably 90% of the time, Cavalry dismissed voluntarily. BUT what was really sad was that in a few cases (ususally in excess of $7500 +/-), there were stipulations of settlement for basically the full amount of the complaint (paid over time) and the defendants were NOT Pro Se, but had an attorney. I guess a defense attorney in this type of action is taking the simlar tact as the JDB, tell the client to settle because his fees if the defendant goes to court, will be higher than the amount owed. But you would think that the attorney would do a cursory review of cases beforehand.

 

As for keeping copies as this progresses forward, I've already download the message into a file, made a screen shot of the incoming telephone call log from my carrier's web site. I've also started a notes file which I'm logging what happened when (doing this with another case too).

 

I'll update when there is anything new to report.

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Thanks. I did happen to take a look at your links before, albeit a cursory look. I guess I'll have to do some serious reading in between March Madness games this weekend so that I can get up to speed as to what a violation is or isn't.

 

To paraphrase Justice Potter Stewart, "Hopefully I get to the point where I'll know it when I see it!"

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This is what they are looking at. I'm sure they file thousands of cases in your state and only 20 people filed FDCPA claims against them in eight years. They probably settled all of these out of court for 3K-5K. A few others may have settled with ITS Letters, but their overall all payout was probably only a couple of hundred thousand. In that same time they made millions in NY alone. 

 

http://dockets.justia.com/search?query=cavalry&state=new_york&nos=890

 

A few judges may be pro defendant but that does not matter to them. Most judges don't care and just want to get through the dockets. Bottom line is they win with very little effort and unless something changes they will never change their business model. 

 

Great job on keeping up with everything. You are already ahead of 99% of those in the same situation. 
 

Good Luck!

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This is what they are looking at. I'm sure they file thousands of cases in your state and only 20 people filed FDCPA claims against them in eight years. They probably settled all of these out of court for 3K-5K. A few others may have settled with ITS Letters, but their overall all payout was probably only a couple of hundred thousand. In that same time they made millions in NY alone. 

 

http://dockets.justia.com/search?query=cavalry&state=new_york&nos=890

 

A few judges may be pro defendant but that does not matter to them. Most judges don't care and just want to get through the dockets. Bottom line is they win with very little effort and unless something changes they will never change their business model. 

 

Great job on keeping up with everything. You are already ahead of 99% of those in the same situation. 

 

Good Luck!

 

Thanks for the link as for cases filed against them. I did sign up for a PACER account a while ago, but now that I think of it, I may not have activated it.

 

A number of cases listed in the link are right in Cavalry's backyard. The Federal Courthouse for the district is located about a 15 minute drive from Cavalry's offices.

 

      This stress is getting to me. I'm getting shooting pains down my left arm.  :ROFLMAO2:

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I have a couple of industry contacts in case you want to do an infomercial

 

Oh I gotta see this. The camera zooms in on Uncle Jed sitting in his private booth at Burger King, smooching with Daisy May while he stuffs twenty dollar bills into her cutoff jeans.

 

"Ya sure do kiss good, baby," he drawls. "Better than my sister Sally."

 

She smiles. "Oh thank you, Cousin Coltfan. Maybe you can handle that matter for me with Midland. The you can handle......me."

 

"Why shore," he smiles. "That's what I do best. Next to scarfing down double bacon triple cheeseburgers, that is." He sticks his thumbs into the straps of his custom made $500.00 overalls and smiles at the camera. "I'm Coltfan. I'm Midland Funding's worst nightmare. And Burger King's best customer. Boys?"

 

Three hillbillies who look like their parents were definitely related start strumming banjos as they bring more French Fries and milk shakes to The Great One, who suddenly vaults to his feet and sticks his finger into the camera.

 

"I am the best there is at what I do!" he yells. "I dress myself in cashmere, I dress myself in hundred dollar pleated  slacks, I have custom made overalls, I wear a $15,000.00 Rolex, I have Mercedes and a Rolls Royce, I dine in the best restaurants with the prettiest ladies,  I have the biggest house on the biggest hill on the biggest side of town, and I ride a thoroughbred mule. And do you know how I got all that? I got all that because I am the World Heavyweight Champion of kicking Midland's butt! And even these idiots over here know that," he smiles, pointing at the customers who are reading their default judgments and stealing fries from other customers because they got  their paychecks garnished and have no money. "You people are losers," he smiles, pointing at them. "You didn't come to CIC and learn how to defend yourselves, now you have judgments against you." He sits back down.

 

"Oh Coltfan, you make me weak in the knees," Daisy May sighs.

 

"Really?" he frowns. "That could be a medical condition. How did that happen? We could sue somebody for that."

 

"Oh, you're such a kidder," she smiles seductively as she hand feeds him another apple pie. "Perhaps we can go back to your mansion and you can.......inspect my briefs."

 

"The pleasure is all yours," he drawls, nodding knowingly. "You can't be first, but you can be next. Just like you," he yells suddenly, pointing at the camera. "Junk debt buyers, FDCPA violators, all of you!" He leaps to his feet. "I am the best there is! Learn to live with it, because it's the best thing going!" He sits back down and looks Daisy May up and down. "And as for you, it's time to go back to my place and discuss some......figures. Like yours. I call it 'conducting discovery." You'll like it, I'm sure. You have 30 days to......respond, although I doubt it will take that long. You can object, but most likely you'll be....overturned for appeal." He turns back to the camera. "Get the picture? If you are sued, you come to MY forum, where I am king. And NOT Burger KIng," he sighs. "I just come here because I like the atmosphere. And the scenery," he smiles, looking at Daisy May's ample charms.

 

"Oh Coltfan," she gushes. "You really are the best."

 

"You'll find out later," he nods, then turns back to the camera. "I'm Coltfan. And I approve this message."

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An attorney's affirmation generally cannot advance substantive proof (Key Bank of Me. v. Lisi, 225 AD2d 669, 669 [2d Dept 1996] ["affirmation of . . . attorney who had no personal knowledge of the facts . . . did not constitute proof in admissible form and it (is) without evidentiary value"]). Citibank, NA v. Martin, 11 Misc. 3d 219 - NY: City Court, Civil Court 2005.

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And I ride a thoroughbred mule

 

:ROFLMAO2:

 

And even these idiots over here know that," he smiles, pointing at the customers who are reading their default judgments and stealing fries from other customers because they got  their paychecks garnished and have no money.

 

:ROFLMAO2:  

 

"Oh Coltfan, you make me weak in the knees," Daisy May sighs.

 

"Really?" he frowns. "That could be a medical condition. How did that happen? We could sue somebody for that."

 

:ROFLMAO2:

 

 

it's time to go back to my place and discuss some......figures. Like yours. I call it 'conducting discovery." You'll like it, I'm sure. You have 30 days to......respond, although I doubt it will take that long.

 

:punknanner:

 

"I'm Coltfan. And I approve this message."

 

::USA::

 

I don't know about that but I guess I'll let it stand.  

 

I've really got get that editor to speed things up on the Video, or not, I think I'm going to disappoint you Bruno when you see the Old Coltfan on video.   I might talk like I got a mule tied up outside, but I think you are going to see why the other side was pretty disappointed when I walked in and actually started talking.  Oh well Bruno, you just keep on while it last, my friend (I think).   :yahoo:  

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I've really got get that editor to speed things up on the Video, or not, I think I'm going to disappoint you Bruno when you see the Old Coltfan on video.   I might talk like I got a mule tied up outside, but I think you are going to see why the other side was pretty disappointed when I walked in and actually started talking.  Oh well Bruno, you just keep on while it last, my friend (I think).   :yahoo:  

 

If we ever see this video!?! I'm getting impatient.

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We all know what we will see on that video, a female (alleged) sitting there with her dumpy butt and food stained business suit and her "last in my class" diploma and her "Miserable B**** of The Month certificate posted proudly behind her on the wall glaring at The Great One, who sits there with his bare feet propped up on the desk.

 

"Come on, Sweet Cheeks, is that all you've got? Please tell me you didn't pin all your hopes on a phone call. Please tell me you have something else. Please stenuously object."

 

"I have something else, you hick B******, you just wait. I'll take care of you in court."

 

"Oh, you will? How about you take care of me right now?" he grins. "Although you don't really smell that good."

 

"I'll give you something to smell," she smirks. "You just wait. You'll get yours."

 

"I got mine  last night, honey, by my cousin, and it was a lot better than anything you have."

 

"Your cousin? Are you serious? Why am I not surprised."

 

"You aren't surprised because nobody wants you, not even your cousins. That's because you sold your soul and went to work for Midland. Live with it."

 

"I like Midland!" she screams. "What do YOU have to counter that?"

 

Uncle Jed pulls out his bible and thumbs through a few passages.

 

"I think I can......come up with something. Not where you are concerened, of course, but remember this.......if you take Coltfan to court, always remember this......your soul belongs to Jesus, but your A** belongs to me."

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If we ever see this video!?! I'm getting impatient.

I promise it's coming.   I just had to get it and get it to somebody and it's on their time as doing it all for free.   Rest assured, I've already made it 100% clear that putting any restrictions on the depo video will crush any settlement.  I have already stated I'll go to court and just win a dollar statutory if the video in the settlement holds anything up.  

 

It's probably going to be a few weeks because it's being done via mail, but I promise it's coming, you'll just have to be patinet, but I promise you will see a verbal beatdown of a collection attorney.  It might not pass Flynt's depo on Youtube (that would be hard) but it won't be a bust. 

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And the best thing is, generally speaking, you can't make up the other sides stupidity and it's usually on video, in public records like FTC and Attorney General websites, or in public court records.

 

 

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It may not be a crime but it sure provides for some relief.

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"Plaintiff sues Defendant(s) for the reasonable value of the goods sold and delivered, and/or services rendered by Plaintiff, its agents, servants, and/or employees to Defendant(s)..."

 

Okay, now I want to know how to get a Cavalry credit card.  8]

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Lol....legal advise AND comedy. This place has it all! ;o)

 

 

I haven't gone deep enough with my other case to get a feel how it is going to turn out, but I realized I have to take the advice of that great American philosopher – Tug McGraw. Yes he was Tim McGraw’s father, but was a relief pitcher for the ’69 Amazin’ Mets and later the Phillies.

 

I think it was with the Phillies that after a tough loss the night before (I think he gave up the winning run) a reporter asked him the next day about it. His reply "Ten million years from now, when then sun burns out and the Earth is just a frozen ice ball hurtling through space, nobody's going to care whether or not I got this guy out."

 

If you can’t find a little bit of humor in the situation(s) that we are all in, you’ll go crazy.

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In the mean time you need to make a short educational video like this one, but with your own brand of JDB Lawyer torture:

 

:ROFLMAO2:

 

Pictures of the kids and family (?) behind him is a nice touch  :bedjump:

 

Unless of course the pictures are the ones that come with the frames when you buy them 

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