ComputerChick Posted May 22, 2013 Report Share Posted May 22, 2013 Help I just found out that I am about to be served by CAVALRY SPV I LLC in Missouri and unsure what this is about. I am worried and scared. I am a single mother in financial hardship and worried about how to pay or garnishments. I am only 1 income in my house hold and don't get any other assistance for anything. Link to comment Share on other sites More sharing options...
Huey Pilot Posted May 22, 2013 Report Share Posted May 22, 2013 You will probably want to call the local Court Clerk and see if there are any proceedings filed against you at this time. If so then you will probably get served shortly. When that happens post the information on this forum with your name and case number redacted and any amounts rounded up to obfuscate the numbers. We will start by immediately helping you file an answer then show you where to read things to assist with self help and advance you through dismissal. At first it's very disheartening but as your confidence grows you will prevail. Your not alone as there are many people on this forum to help you. Many from Missouri who know the local ropes as they say. You don't have to let any debt collector harass or take advantage you or your financial situation. The attached software is a good start with information, forms and ideas. Also get familiar with the Missouri Rules of Civil Proceedurehttp://www.courts.mo.gov/page.jsp?id=676 http://www.moga.mo.gov/statutes/statutes.htm#T35 Best regards, HPThe Defendant's Package.pdf Link to comment Share on other sites More sharing options...
ComputerChick Posted May 22, 2013 Author Report Share Posted May 22, 2013 Thank you as soon as I get the information I will post it Link to comment Share on other sites More sharing options...
shellieh98 Posted May 22, 2013 Report Share Posted May 22, 2013 I would also if it were me, record any calls from them. If you have a phone that they may call you on, I would get a recording device. Android has one called record my call. Make sure you are a one party state. That is so if they violate any credit laws, you will have recourse. And don't be scared, we will help. Link to comment Share on other sites More sharing options...
dazednconfused79 Posted May 22, 2013 Report Share Posted May 22, 2013 ComputerChick I know exactly how you feel. I'm in a similar situation with CAVALRY SPV I LLC. If there is ONE piece of advise I would give you it is to request full debt validation. I have been going around with CAVALRY SPV I LLC and their lawyers for 4 months to get any bill of sale or other proof they own my debt. This should hold All collection action on their part as well. If they do contact you(and they will)before they provide proof it is a violation of FDCPA. Keep track of each time they violate this. In addition I would recommend looking at your paper work. If they are trying to charge interest this is also a violation of FDCPA..” § 808. Unfair practices [15 USC 1692f] A debt collector may not use unfair or unconscionable means to collect or attempt to collect any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section: (1) The collection of any amount (including any interest, fee, charge, or expense incidental to the principal obligation) unless such amount is expressly authorized by the agreement creating the debt or permitted by law. Link to comment Share on other sites More sharing options...
shellieh98 Posted May 22, 2013 Report Share Posted May 22, 2013 If there is ONE piece of advise I would give you it is to request full debt validation. I have been going around with CAVALRY SPV I LLC and their lawyers for 4 months to get any bill of sale or other proof they own my debt.This should hold All collection action on their part as well. If they do contact you(and they will)before they provide proof it is a violation of FDCPA. Keep track of each time they violate this. Actually, not if they file suit. Debt validation is to late at that point. What happens after that is disclosure or discovery depending on your court rules. Some rules require they attach some sort of proof to the complaint, but not all states require that. Usually if the complaint is verified, they will attach some sort of proof, but never have I seen them attach all their proof, discovery is nessessary to get just what they will use in court. But have no fear, we will suggest ways for you to do that! Link to comment Share on other sites More sharing options...
numbersguy Posted May 22, 2013 Report Share Posted May 22, 2013 Help I just found out that I am about to be served by CAVALRY SPV I LLC in Missouri and unsure what this is about. I am worried and scared. I am a single mother in financial hardship and worried about how to pay or garnishments. I am only 1 income in my house hold and don't get any other assistance for anything. While I can't comment on what Cavalry does in other states, but here in NY, their suits tend to lack little things like documentary evidence and usually rely on the "take my word for it" approach to JDB lawsuits. I've seen them dismiss most of their suits where the defendant answered the complaint. By the looks of it, some of the answers were probably written and submitted on paper napkins! Only a slight exaggeration / creative license with the answers comment. Link to comment Share on other sites More sharing options...
BV80 Posted May 22, 2013 Report Share Posted May 22, 2013 @numbersguy You might want to take a look at this thread. The poster is from your state. http://www.creditinfocenter.com/community/topic/320394-affidavit-and-memorandum-in-opposition-to-motion-to-strike-sj/ Link to comment Share on other sites More sharing options...
ComputerChick Posted May 23, 2013 Author Report Share Posted May 23, 2013 Thanks and I have reading all the posts still haven't heard anything but there is summons coming according the Missouri website casenet and I think I know what this is regarding and I think it is a Bank of America Credit Card I was making payments on and there was a situation where this where this guy I was seeing took it said he would help me with the bill. Never received one notice that it was in default and never one call. I assumed the guy I was seeing at the time took care of it and now apparently not. Lesson learned never as a single mom let your guard down and trust someone to help you. Link to comment Share on other sites More sharing options...
racecar Posted May 23, 2013 Report Share Posted May 23, 2013 CACH LLC v. Jon J. Askew http://www.courts.mo.gov/sup/index.nsf/9f4cd5a463e4c22386256ac4004a490f/05b1ab4a57ec67848625792f00750254?OpenDocument Challenge to evidentiary standards for debt collection cases Listen to the oral argument Study the pdf files Link to comment Share on other sites More sharing options...
Recommended Posts