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Cavalry SPV I, LLC in Arkansas


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Ok, so a little background... I got served (with no signed agreement attached just a bogus affidavit) back in September. We are now in the discovery  phase. they sent me their laughable interrogatories and admittance and I sent back my own along with request for documents,. 

 

In the nice and pretty (and needless to say unsigned) "agreement" they sent back, It clearly states that:

 

WHAT LAWS APPLIES

 

This agreement is mad in Delaware and we extend credit to you from Delaware. This Agreement is governed by the laws of the State of Delaware (without regard to its conflicts of laws and principles) and by applicable federal laws. 

 

This clearly puts the square under the rule of Delaware with the 3 year SOL.

 

Also One of the things I made them admit was that the 

 

 

 

The "agreement" also clearly has an arbitration clause.

 

The big question is... when I file a motion to dismiss with prejudice should I just state the facts pertaining to the SOL or should I also follow up with the Arbitration clause? ALSO, does Arbitration fall under same rules of SOL?

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Arkansas won't use the governing clause. 

You are probably to late to enforce arbitration, but it can be done. 

Any chance Opposing counsel is McHughes?

 

If they didn't attach the agreement (signed or unsigned) to the original complaint when they filed you could try for a motion to dismiss based on failure to comply with Arkansas Rules of Civil Procedure (10)d. It isn't likely to work as the judge will probably just let them fix the problem.

 

Another option. Cavalry SPV I is not registered with the the Arkansas State Board of Collectors and should be barred from collecting in Arkansas.

 

The Cook Law Firm is currently fighting Cavalry and Cach on this front and you can read the motions they are using if you search https://caseinfo.aoc.arkansas.gov/cconnect/PROD/public/ck_public_qry_main.cp_main_idx

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Arkansas won't use the governing clause. 

You are probably to late to enforce arbitration, but it can be done. 

Any chance Opposing counsel is McHughes?

 

If they didn't attach the agreement (signed or unsigned) to the original complaint when they filed you could try for a motion to dismiss based on failure to comply with Arkansas Rules of Civil Procedure (10)d. It isn't likely to work as the judge will probably just let them fix the problem.

 

Another option. Cavalry SPV I is not registered with the the Arkansas State Board of Collectors and should be barred from collecting in Arkansas.

 

The Cook Law Firm is currently fighting Cavalry and Cach on this front and you can read the motions they are using if you search https://caseinfo.aoc.arkansas.gov/cconnect/PROD/public/ck_public_qry_main.cp_main_idx

 

 

 

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Unfortunately now they are licensed or they are pretending to be. As one of my interogatories I asked them if they were and if so to provide a copy of their license. they provided something that looks sketchy but when I went to the site to check on them even though I didn't find them in the name search when I did a full roster search I found it. So they must have corrected that issue. Actually.. come to think of it... now looking at the "license" it says it expires June 30 2014... there is no issue date but they filed my case on June 12... Not sure how much luck I would have there BUT

 

if the contract in which they base their claim states it falls under the rule of Delaware how can Arkansas just ignore it?

 

 

The editor keeps trying to add my response as part of Mantis' post. Not sure how to fix it but everything below the line is from me

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Ok now my brain is starting to cramp. The Account was a BoA account. The statute of limitations for DE where the CONTRACT says the DE laws apply say 3 years.

 

When Mantis Knight said that Arkansas won't use the governing clause, I did a quick search to see what Arkansas will use. It says that for an "open ended account" the SoL is also 3 years. Since this was a BoA credit card is that not an Open Ended Account? In which case the Sol is STILL 3 years so still they are our of SoL

 

 

 

 

 

 
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In Arkansas a case involving America Express (I think) caused credit cards to be put under "written contract". Written contract is 5 years in Arkansas.

 

Arkansas used to have a borrowing statute. This would allow you to use the DE SOL. We no longer have a borrowing statute so the local SOL applies.

 

Cavalry SPV I is not listed on a search of http://www.asbca.org/collect_search/index.php

Cavalry Portfolio services is listed. And they try to claim that is all they need.

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OK here is an update (and a lesson). After spending the better part of 5 hrs trying to draft a motion to dismiss with prejudice, and reading through paper work I actually read the letter the attorney sent with it.  He ended with "Please let me know if we can reach a settlement of this matter without further litigation".  So the lesson is I should read the letter first... i just dove in to see what kind of garbage came back with out even glancing at it. 

 

I think maybe they are fighting back because in my original answer I was seeking damages of $2000 for violations. To be honest I really don't care so much about that as I do just making this whole mess go away. From everything I can tell they really don't have squat. They are past the statute of limitations, there is an arbitration clause they ignored, and of course they never attached the agreement to the complaint much less ever provided me with anything that bears my signature. 

 

All that said, not only are THEY putting ugly marks on my credit report but there is the original mark sitting out there as well (so my credit report is showing the same debt twice). I am almost tempted to offer them a deal "Hey I will pay you $250.00 to just make it all go away - from my life and my report".

 

Would that be unwise?

 

 

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