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So, Obvisouly I need some advice asap.

 

My wife and I are in the process of buying a house. When the mortgage broker pulled up our credit report, it stated that there was a judgement against my wife. Well, we were shocked, of course. Beucase we never received a commons. the problem is, is that we lived in new york and moved to Pennsylvania in 2011. When we checked the court documents online, the summons and judgement were issued in 2012. The company suing us is CAVALRY SPV I, LLC. On the compliant submitted by Cavalry to the court, it does not mention any account numbers or anything else. All it mentions is that my wife owes them $9k plus $4k in interest.

 

So. My question(s) is:

1. Can I have this case moved to Pennsylvania from New York so that we have an oppurtunity to reply to the complaint.

2. How do we have this removed from our credit report?

3. Obvisouly we want to fight this, because we have no clue where this is coming from.

4. How can they get a judgement against us if we have never received a summons, and we do no live in new york anymore?

 

We really have no clue where to begin. We called the courthouse in new york. No much help except for helping us get all of the documents that were filed in court and no where in the court documents does it mention why my wife owes them money, or are they collecting a debt on behalf of anyone, or account numbers

We have to get this off of our credit report, otherwise noone will give us a loan to buy a house. And, just on principal, this is not right.

 

So, can anyone please kindly guide us and help us out?

Thank you very much,

T

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You need to get the judgment vacated for lack of proper service.  That is THE MOST important paperwork you need to scrutinize right now.  Once you get it set aside it should be off your credit report.  At the very least having the paperwork from the court showing that it has been vacated should be sufficient for the bank.

 

That is why there is no paperwork.  They claimed you were served and when you didn't show because you knew nothing they didn't have to prove a darn thing. 

 

I would hire a really good consumer attorney because clearly Cavalry used sewer service to get a default judgment.  What they did likely violated the FCDPA and a case could be filed against them where they end up paying you.  Start with naca.net

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ok, so long story short, I had a traverse hearing where the process server testified, and then the judge asked the lawyers to produce credit card statements. The attorney did not have them, so the judge is giving them a couple of days to get them. What are the chances these lawyers have any credit card statements? is it easy for them to get? and why didn't they produce it two years ago? I think they are bluffing, and the judge knows it as well. so, is it possbile for the lawyers to produce the credit card statements?

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@tarobapp

 

I would contact several consumer lawyers for a free consultation.  Lawyers are like doctors; get several opinons. Gregory Artim is an experienced consumer lawyer who has dealt with Cavalry among other JDBs.  He is located in Pittsburg but he handles FDCPA cases throughout PA.  A consultation with him is free as it is with all consumer lawyers on FDCPA claims.

 

http://www.gregartim.com/calvary.htm

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Even if they come back with credit card statements, look into making them prove the chain of custody and their standing to sue.

 

Say they show statements from a bank you once had a credit card with. That proves that you may owe that bank money, but not Cavalry.  Tell the judge that you do not believe Cavalry is the proper party in interest and you have not seen a chain of custody so you do not believe they are the legal holder of this account to sue on.

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