Cavalry SPV, which is also known as Cavalry Portfolio Services, is a debt collection organization that buys debts in bulk from loan and credit card companies for pennies on the dollar. Cavalry then makes efforts to collect the debts. A major part of Cavalry’s debt collection strategy is to file lawsuits against consumers. In this article, we discuss whether Cavalry SPV can take you to court for an outstanding debt.
What Cavalry SPV Must Prove in Court
Cavalry SPV can indeed take you to court after serving you with a debt collection lawsuit. Therefore, if you are the recipient of a lawsuit from Cavalry, you must respond to it quickly. If you fail to properly respond to your lawsuit, the court will enter a default judgment in favor of the debt collector, which means you will owe the debt alleged in the lawsuit. By properly responding to the lawsuit, however, you force Cavalry to prove its case. Specifically, after filing a lawsuit against you, Cavalry must prove the following:
- It owns your debt
- The amount of debt is correct
- Your information is correct
- The lawsuit was filed prior to the expiration of the statute of limitations
Steps to Take if Cavalry SPV Sues You
As noted above, if you receive a debt collection lawsuit from Cavalry SPV, you must take action. So, after you receive a lawsuit from Cavalry, also called a complaint, you must respond to it by filing an answer within a certain period of time, usually within 30 days. In other words, once you receive a debt collection lawsuit, the clock starts ticking. When drafting an answer to your debt collection lawsuit, you should do the following:
Don’t admit to being liable for the debt: Cavalry has the burden of proving that you owe the outstanding debt. Therefore, you should force Cavalry to meet this burden.
Respond on time: Again, you must file your answer to the complaint within the appropriate time period. The deadline should appear in the complaint.
Provide Cavalry with a copy of your answer: In addition to filing a copy with the court, you should send Cavalry a copy of your answer.
Contact a Debt Collection Lawsuit Attorney
Finally, and most importantly, if you’ve been sued by Cavalry SPV in California, you should contact a debt collection defense lawyer immediately. An experienced California debt collection lawsuit attorney will draft and file a response to the lawsuit to ensure that Cavalry doesn’t obtain a default judgment against you. At Fullman Firm, our California debt collection lawsuit defense attorneys are here to protect your rights as a consumer and pursue an acceptable resolution of your lawsuit. We are known throughout the state for our litigation and negotiation skills, so we can provide you with exceptional service regardless of the direction your case takes. Please contact us today to schedule a consultation.