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Cavalry SPV I LLC (Citibank) In Georgia


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First, I have just found this website and am blown away by what I have learned.

I was served  with documents from Calvary for a $24,000 account with Citibank.  Last payment was in February 2011, account originally opened 18 years ago.  Because of the amount, the suit was filed in State court, not magistrates.  

This all goes back several years ago during the downturn when I was out of work.  I have settled several small accounts (since finding this site, I wish I hadn't) but because of it's size I am considering contesting this one myself or hiring an attorney.  I am interested in the advice and experience of others in regards to Calvary and an amount this size in State court.

Thank you in advance.

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Action is timely.

Motion to dismiss because plaintiff lacks standing unreliable.

That leaves MTC private contractual arbitration. Not impossible plaintiff will follow you into arbitration if you look like a good bet to collect $24 k. Since OC account was started so long ago, there is probably a survivability clause - but that's getting ahead of ourselves.

 

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4 hours ago, Gadagfan said:

 I am interested in the advice and experience of others in regards to Calvary and an amount this size in State court.

No personal experience with this particular JDB but State Court is a whole different ball game than Magistrate Court.  They will follow ALL the rules and as a pro-se you would be expected to as well.  For that amount of money I would hire a lawyer to represent me at the State Court level.  Statistics in GA have shown that 70% or more of defendants in debt cases who hire a lawyer end up with a dismissal or winning their case.

Steve Koval is a good one so is Skaar and Feagle.  Most will do a first consult for free to feel free to consult more than one.  Also  you can use www. consumeradvocates.org to search for other consumer law firms.

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@Gadagfan  If you can redact all your personal info, scan, and post the documents you were served with that would be great.  State court is definitely more work.  I eventually came out on top but only after I lost and then appealed the case.  If I had it to do over again I probably would have tried to get a lawyer just because of all the time and frustration involved.  But you do have the benefit of a lot of research already having been done by the folks on this forum.

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I appreciate the responses.  I agree that State court is more than I am willing to take on.  With my schedule I don't feel like I would have the time to put in to properly educate myself.  I have spoken with 4 attorneys over the phone in the last several days, and have found one that I am comfortable with and will be sitting down with them later today.  Fee's will be in the neighbor hood of $4,000, but they claim to be very aggressive in countering and fighting for dismissal as opposed to simply trying to reach a settlement in my behalf.  I will let you know how this moves forward.

 

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21 minutes ago, Gadagfan said:

Fee's will be in the neighbor hood of $4,000, but they claim to be very aggressive in countering and fighting for dismissal as opposed to simply trying to reach a settlement in my behalf.  

Good for you.  I agree with your decision to interview several.  While there are many good ones in Atlanta it is always important to hire the firm you are most comfortable with.

I would pay $4k to the law firm LONG before I would pay one red cent to ANY junk debt buyer.

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I have experience with Cavalry.  What I would say is to look back at any collection letters they may have sent you especially ones leading up to the lawsuit.  Look at the complaint filed in court.  Look at your credit reports (plus past reports if you have any).  I would start to compare the information among all of these documents - especially the "balance owed".   I would also closely watch all of the filings and actions that Cavalry takes during the course of this case.

I found multiple way Cavalry was violating the FDCPA and the FCRA in my case.  

If you have any such violations it can help your attorney.  Depending on who you went with, when you have violations by a JDB they will either use it to file a counter claim or file a separate action in federal court. I have had it done both ways, but was in Magistrate and not State Court.

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