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Cavalry LLC in Michigan, please help.


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I am starting my tread in hopes that I can get a jump on my situation and hopefully with everyone's help and some hard work it will end in a win.

When checking my mail last night I noticed I had severals letters from several attorneys willing to help based on a new case that was filed. (How nice of them) I did check on line at the district court at it is true that I will be receiving a summons soon. I will give a few things about that in a minute.

I, like most, feel a little bothered by the situation but I would not go so far to say I am scared. I just want to be able to defend my self properly and not have a Judge look at me like I have no business defending myself.

I feel fortunate that I found out before I got the papers, because I now feel like I have a bit of a head start in getting things done. I am really glad that I found this site and my hopes are that I can get some help from you all.

So this is what I know at this point. Calvary Portfolio has hired an attorney to collect a CC debt from Capital One that was bought by Calvary. (not sure it matters, but the attorney is over 2 hours away from the court) I pulled my credit report and Calvary has it listed on my report but I can not really tell what account it my have been from (things have been bought and sold so many times) and they only list a Calvary account # on the credit bureau.

At this point I will await the summons and try and read up as much as I can. I feel like I have a few options from what I have read. 1. File a MTD before I answer (which at this point seems to be complicated to write) 2. Answer and deny everything and then go though the process. 3. Put up some what of a fight and make the JDB get worried and then settle for a much smaller amount.

I look forward to some advice as I start this process and I hope in the long run it will help those going through this as well. Any pre summons advice would be helpful. Thanks!!

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OK ........ we know who the JDB is ......... but more info is needed to provide meaningful help.

I know you haven't been served the complaint yet but, to the best of your ability, please answer these questions. Just copy and paste them into this thread and provide the answers as best you can.

 

By the way ....... welcome to the forum.

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Here is what I can give at this point. I will know more when served and will update when I get the summons

1. Who is the named plaintiff in the suit? Calvary SPV I LLC

2. What is the name of the law firm handling the suit? Roosen, Varchetti & Olivier, PLLC

3. How much are you being sued for? Around $XXXX

4. Who is the original creditor? (if not the Plaintiff). Capital One

5. How do you know you are being sued? (You were served, right?). I verified on court website, waiting to be served

6. How were you served? (Mail, In person, Notice on door) still in process

7. Was the service legal as required by your state? I believe it will be

Process Service Requirements by State - Summons Complaint

8. What was your correspondence (if any) with the people suing you before you think you were being sued? I have not talked to anyone. I got a letter in November from the attorney stating they had been hired but I sadly did not follow up on it.

9. What state and county do you live in? Michigan

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations). Looks like 2011 or so

11. What is the SOL on the debt? To find out: 6 years

Statute of Limitations on Debts

12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). Civil Suit filed and summons issued waiting to be served

13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) no

14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late. No

15. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit? Yet to be served but will say about 30 days

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Start reading bmc100's thread, and studying your rules of civil procedure. If they don't serve you with an affidavit, I believe that is when you can file the MTD. Study up on bmcs thread.

Thank you. I have been reading and working on my knowledge. As someone who has never been sued or really had any contact with any level of law, I will say the process of correctly writing my answers are a little daunting. And in the case of a MTD I feel I will really need a lot more knowledge and help. I know I'm jumping ahead a little but I want to be ready. I keep reminding myself I have a college degree and I can do this ( with the help of all of you). Thanks again.

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You have a good head start ......... let's keep it going.

 

I'm assuming that you have already read bmc100's thread on defending yourself in Michigan since you posted to that thread.

 

You will need to familiarize yourself with the Michigan Rules of Civil Procedure, Michigan Rules of Evidence and, depending on when this alleged debt was incurred, Arbitration.

 

Once the complaint has been served, and the cause of action has been determined, you can then forge head with a responsive pleading which must be served and filed withing 21 days of service of the complaint.

 

If you have a case number from one of those 'helpful' attorneys, you may be able to look up the case on your local court's website (my court's website doesn't allow viewing of the filings)  or go to the court house and ask the civil clerk for the filings and really get a head start.

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This is a first Cavalry suit I think was posted in MI, but Roosen's lawfirm has been posted a few times.

 

I would check to see if Cavalry is licensed in MI. Two, do you have any letters Cavalry or Roosen sent you?

 

If so, look at the amounts in each letter that they state is due. Are they different from one another?

 

If they are, that is an easy FDCPA violation and I have a consumer law attorney for you to talk to who can use that as a counter-claim.

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This is a first Cavalry suit I think was posted in MI, but Roosen's lawfirm has been posted a few times.

 

I would check to see if Cavalry is licensed in MI. Two, do you have any letters Cavalry or Roosen sent you?

 

If so, look at the amounts in each letter that they state is due. Are they different from one another?

 

If they are, that is an easy FDCPA violation and I have a consumer law attorney for you to talk to who can use that as a counter-claim.

Thank you BCM for your post, as far as I can tell you are a hero to many. As far as Calvary goes, I did look up in my courts online system and they have sued here many times in the past few years but not nearly as much as the others. I have only gotten the one letter from the attorney back in November (which I admit I just set in aside) It does list an amount "plus interest to date of $.00", the last four digits of the capital one account. and at the bottom of the letter it talks about giving 30 days to dispute the validity of the claim (which I sadly did not do).

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You have a good head start ......... let's keep it going.

 

I'm assuming that you have already read bmc100's thread on defending yourself in Michigan since you posted to that thread.

 

You will need to familiarize yourself with the Michigan Rules of Civil Procedure, Michigan Rules of Evidence and, depending on when this alleged debt was incurred, Arbitration.

 

Once the complaint has been served, and the cause of action has been determined, you can then forge head with a responsive pleading which must be served and filed withing 21 days of service of the complaint.

 

If you have a case number from one of those 'helpful' attorneys, you may be able to look up the case on your local court's website (my court's website doesn't allow viewing of the filings)  or go to the court house and ask the civil clerk for the filings and really get a head start.

I have been reading as much as I can and my eyes are about to fall out. The question I have is if I go to the courthouse and get the fillings does my 21 days start then or do I still need to be served? And yes I have been reading all the above links. Not to say they are all making things perfectly clear. Lots on legal wording is taking time to process and learn, and as BMC said he has not had a Calvary one yet, which I hope does not mean that they will have their act together better than the rest.

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These are public records, accessible by anyone; you would still need to be properly served to trigger your response time.

Calvary is rare in MI. (at least in the few years that I have been on this site) but they are a JDB with all the legal hurdles that the typical JDB has to overcome in order to win their case.

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This is a first Cavalry suit I think was posted in MI, but Roosen's lawfirm has been posted a few times.

 

I would check to see if Cavalry is licensed in MI. Two, do you have any letters Cavalry or Roosen sent you?

 

If so, look at the amounts in each letter that they state is due. Are they different from one another?

 

If they are, that is an easy FDCPA violation and I have a consumer law attorney for you to talk to who can use that as a counter-claim.

http://www.dleg.state.mi.us/bcs_corp/dt_llc.asp?id_nbr=D9154H&name_entity=CAVALRY%20SPV%20I,%20LLC

Searched for: CAVALRY SPV I, LLC

ID Num: D9154H

   

Name:CAVALRY SPV I, LLC

Type: Foreign Limited Liability Company

Resident Agent:  THE CORPORATION COMPANY

Registered Office Address: 30600 TELEGRAPH ROAD STE 2345    BINGHAM FARMS   MI  48025

Mailing/Office Address:          

Formation/Qualification Date:2-22-2011

Jurisdiction of Origin:DELAWARE

Managed by:

Status: ACTIVE    Date: Present   

 
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http://www.dleg.state.mi.us/bcs_corp/dt_llc.asp?id_nbr=D9154H&name_entity=CAVALRY%20SPV%20I,%20LLC

Searched for: CAVALRY SPV I, LLC

ID Num: D9154H

   

Name:CAVALRY SPV I, LLC

Type: Foreign Limited Liability Company

Resident Agent:  THE CORPORATION COMPANY

Registered Office Address: 30600 TELEGRAPH ROAD STE 2345    BINGHAM FARMS   MI  48025

Mailing/Office Address:          

Formation/Qualification Date:2-22-2011

Jurisdiction of Origin:DELAWARE

Managed by:

Status: ACTIVE    Date: Present   

 

 

 

@Brotherskeeper

 

Nice work

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This is a first Cavalry suit I think was posted in MI, but Roosen's lawfirm has been posted a few times.

I would check to see if Cavalry is licensed in MI. Two, do you have any letters Cavalry or Roosen sent you?

If so, look at the amounts in each letter that they state is due. Are they different from one another?

If they are, that is an easy FDCPA violation and I have a consumer law attorney for you to talk to who can use that as a counter-claim.

Ok so the plot thicken.......I decided to head to the basement and pull out the piles of papers that I have and I managed to find a couple of things. First of I have a letter from Cavalry dated 2/26/13 with the same last four numbers of the cap one account for an amount that is a few hundred $ more than what the attorney says is owed but the really odd thing is that its addressed to my wife. (not sure if she was a co owner on this account I really do not recall) In addition I found a letter from a Collector from MN dated 6/24/13 that is addressed to me from Cavalry for the same account for a number slightly larger than the the one my wife got. Also just found a letter dated the same 6/24/13 for my wife (using her maden name) for the same amount as mine. Now I am confused. Ok- not to add to the confusion I found a letter dated 12/3/2012 from a different collector not with Calvary which has my name and my wife (with maiden name) for same account that lists the amount that the suit in listing. So thats two letters with Calvary and agents with different amounts and the lawsuit that has the amount that was listen back in 2012 with a different group.
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Michigan is not a community property state so if she is not listed as a defendant, she is not involved in this case.

If she did get letters from Calvary, she may be facing her own case in the future.

 

If I'm reading your post correctly, it would seem that there has been more than one owner of the alleged account and Calvary may have trouble with standing.

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as long as the last 4 digits of the account are the same. It is most likely the same account they are referencing in each letter. I will PM you the name of a consumer law attorney that can help you.

 

Where in MI are you located?

  

I PMEd you the name of the attorney.

Thanks again everyone for all the help to this point. I live on the west side of the state and I hope that I have a chance to get this thing kicked out of the system at some point. I do feel a little at a disadvantage because of the lack on info and Calvary in Michigan. My hope is that they will be similar to the other JDB that have been mentioned. For BMC to acknowledge he has not seen one in Michigan does not sound good for me, but I am happy to be the case study on this. Thanks again.

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@Nalabell

Not to nitpick, but is it Calvary or Cavalry? (Like it's Savoir, not Savior, although he is one, with savoir faire.) The wrong entity name will impact your search. Cavalry SPV I through IV LLC are registered with the State of Delaware as domestic companies. Cavalry SPV I LLC first registered in Michigan in 2011. "SPV" stands for Special Purpose Vehicle.  http://www.investopedia.com/terms/s/spv.asp  

 

You mentioned Calvary/Cavalry has filed lawsuits in your court. Can you access the records to see if any defendant was represented by an attorney or fought back? If so, you can get an idea of what both sides filed.

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@Nalabell

Not to nitpick, but is it Calvary or Cavalry? (Like it's Savoir, not Savior, although he is one, with savoir faire.) The wrong entity name will impact your search. Cavalry SPV I through IV LLC are registered with the State of Delaware as domestic companies. Cavalry SPV I LLC first registered in Michigan in 2011. "SPV" stands for Special Purpose Vehicle.  http://www.investopedia.com/terms/s/spv.asp  

 

You mentioned Calvary/Cavalry has filed lawsuits in your court. Can you access the records to see if any defendant was represented by an attorney or fought back? If so, you can get an idea of what both sides filed.

Sorry for the confusion, it is Cavalry SPV I, LLC which is part of Cavalry portfolio services, LLC

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I still have yet to be served but I still expect to be. I managed to find out what the paperwork will look like and would like some input on what this means and what I should focus on. Ie. MTD (on what grounds?) or Answer and focus on what parts?

Complaint:

1. Defendant(s) entered into a contract with Plaintiff or Plaintiff's Assignor, the account/loan number***************, and pursuant to MCR 2.113 (F)(1)(B Plaintiff's claim is based on written instrument which is not attached as it is in the possession of the adverse party.

2. Defendant(s) defaulted under the terms and conditions of the contract.

3. Plaintiff's and/or its assignor(s) completed performance under the terms and conditions of the contract.

4. The account has been stated and/or is open between the parties.

5. As a result of Defendant's default Plaintiff claims break of contract, open account, account stated, and/or unjust enrichment.

6. The original claim amount due and owing be Defendant(s) to Plaintiff is $XXXX.XX plus interest, costs and attorney fees.

The only attachment (Exhibit) is a plain (no letterhead) Statement of Account that is not signed, it just has the JDB account number my name address statement date, amount, charge off date (which is not correct with OC dates) last payment date,

Please let me know what you all think. Also can someone break down the MCR 2.113 (F)(1)(B is?

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I still have yet to be served but I still expect to be. I managed to find out what the paperwork will look like and would like some input on what this means and what I should focus on. Ie. MTD (on what grounds?) or Answer and focus on what parts?

Complaint:

1. Defendant(s) entered into a contract with Plaintiff or Plaintiff's Assignor, the account/loan number***************, and pursuant to MCR 2.113 (F)(1)(B Plaintiff's claim is based on written instrument which is not attached as it is in the possession of the adverse party.

2. Defendant(s) defaulted under the terms and conditions of the contract.

3. Plaintiff's and/or its assignor(s) completed performance under the terms and conditions of the contract.

4. The account has been stated and/or is open between the parties.

5. As a result of Defendant's default Plaintiff claims break of contract, open account, account stated, and/or unjust enrichment.

6. The original claim amount due and owing be Defendant(s) to Plaintiff is $XXXX.XX plus interest, costs and attorney fees.

The only attachment (Exhibit) is a plain (no letterhead) Statement of Account that is not signed, it just has the JDB account number my name address statement date, amount, charge off date (which is not correct with OC dates) last payment date,

Please let me know what you all think. Also can someone break down the MCR 2.113 (F)(1)(B is?

 

MCR 2.113 (F) (1) (B) simply states that you are in possession of the written instrument on which the claim is based.

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