Sued by Cavalry Portfolio Services? 5 Steps You can Take
If you have been sued by the company Cavalry Portfolio Services, you are not alone.
Who is Cavalry Portfolio Services?
Cavalry Portfolio Services is a debt collection agency. According to the Florida Division of Corporations, Cavalry Portfolio Services principal address is 500 Summit Lake Drive, Suite 400, Valhalla, New York 10595.
Cavalry Portfolio Services is not BBB accredited. However, they are given an “A+” rating by the BBB in spite of 180 complaints in the last 3 years (as of 7/8/21).
The Consumer Financial Protection Bureau complaint database reflects 110 complaints (as of 7/8/2021 – with a 3 year lookback).
Why have I been sued by Cavalry Portfolio Services?
Cavalry Portfolio Services is a debt collection agency that often purchases debt from other companies. Sometimes, after an account goes into delinquency, the creditor decides to sell the debt to another party. Therefore, if Cavalry Portfolio Services has sued you, it is probably because they now own a debt that you once owed to another creditor.
Is there a class action lawsuit against Cavalry Portfolio Services?
Consumers have sued Cavalry in over a dozen class action lawsuits. Many of these lawsuits claim that Cavalry Portfolio Services failed to disclose an accurate amount of the debt owed, including a 2018 case filed in Wisconsin.
Also, a number of class action lawsuits have been filed claiming that Cavalry Portfolio Services failed to identify who the creditor was that the Plaintiff owed money to, including a 2017 case filed in New York and a 2017 case filed in Missouri.
Cavalry Portfolio Services have also had class action lawsuits filed against them for failing to disclose that the company was not allowed to sue the Plaintiffs on their debt because it was too old. In a 2017 lawsuit filed in Florida, the Plaintiff alleges that Cavalry Portfolio Services “deliberately fails to note that the debt was time-barred and that the creditor, by law, could not sue to recover the debt.”
How to beat Cavalry Portfolio Services?
First, don’t bury your head in the sand! Florida Courts are divided into 3 levels depending on how much the lawsuit is for: small claims, county court, and circuit court. In small claims cases, a defendant is required to attend a hearing early on called a “case management conference”; whereas in county court and circuit court, the defendant has 20-days to file a written response from the day the lawsuit papers are served. If a defendant doesn’t appear (in small claims) or they fail to respond (in county court or circuit court), the court will likely enter a default judgment against them. Make sure to respond (or hire someone to do so) so you don’t lose off the bat!
Review the claim
Next, review the records from the case. When a lawsuit is based on the records of another company, it may be that the records are inaccurate. Review the claim and don’t assume it is correct just because they have written it. See if the claim and the amount are accurate.
Consider your options
Evaluate the alleged debt from the lawsuit, along with your other debt and your income. Is there a defense to the claim? Can you realistically afford settlement, or does it make more sense to consider bankruptcy? Here is where you may want to have a free consultation with a debt resolution professional who can help you to objectively review your options.
Assuming bankruptcy is not your best option and depending on the merits of your case, negotiation may be the next best step. If you hire a debt settlement attorney to assist you with the lawsuit, your attorney will negotiate for you. However, if you are determined to go it alone, you are generally better talking to the opposing firm than doing nothing (*this is a generalization; each situation is different). Just keep in mind, they are not looking out for your best interest. They are likely not going to tell you about your defenses to the lawsuit or your protections from collection. Their job is to get you to pay.
Any Settlement Agreement Should be in Writing
Finally, if you reach a settlement agreement, even if you are representing yourself, your agreement should be in writing.
Questions on Your Cavalry Portfolio Services Lawsuit?
We offer a complimentary consultation with our experienced attorneys. We’ll evaluate your case and review your options with you.
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