Cavalry Portfolio Services Threatening lawsuit
Date: Wed, 02/10/2010 - 12:41
i would send a debt validation letter asap. although it maybe la
i would send a debt validation letter asap. although it maybe late, i have found in experience that it does sometimes helps. did you ever speak to them at all?
CPS doesn't have a legal department. Maybe a legal pad, but that
CPS doesn't have a legal department. Maybe a legal pad, but that's about it.
If you're concerned about your joint checking account, just have your name taken off of it. It's over-reacting, but if it makes you feel better, go for it.
Quote:Originally Posted by bea2lsi would send a debt validation
Quote:
Originally Posted by bea2ls i would send a debt validation letter asap. although it maybe late, i have found in experience that it does sometimes helps. did you ever speak to them at all? |
No I have never spoken to them.I just recieved their letter in tha mail and got sacred.I will send the debt validation letter like you suggested.Thanks!
D.W
i guess it could not hurt.. when did you receive this letter?
i guess it could not hurt.. when did you receive this letter?
I dont see how people can try and cheat out of paying bills they
I dont see how people can try and cheat out of paying bills they actually owe, its one thing if you dont owe it but come on. P.S. if you havent found out by now, Cavalry does sue.
Quote:Originally Posted by AnonymousI dont see how people can tr
Quote:
Originally Posted by Anonymous I dont see how people can try and cheat out of paying bills they actually owe, its one thing if you dont owe it but come on. P.S. if you havent found out by now, Cavalry does sue. |
we don't believe you humanoid,but whatever you say pal.:rolleyes::rolleyes:
"bill collector" people like this make my blood boil, karma it a
"bill collector" people like this make my blood boil, karma it a _itch. you come on here and judge people, you don't know this person situation. All these collectors that come on here and make jabs at people, I hope someday you are faced with not being able to pay all you bills, and then you will see why people come to this forum for advise. I come here nearly everyday reading, because I am in that situation. Do I want to pay my bills? yes, but can I pay them all? no. So you know what? you have to decide what it more important, eating, staying warm, being able to bathe, being able to drive to work so you can pay some bills, and everyone of these things has done nothing but skyrocket since the economy has tanked. So "bill collector" bite me, I will fight the CA that are after me to last dying breath. To Everyone else on this forum I apologize for my ramblings, but people like that just make me crazy.
Quote:Originally Posted by Anonymous"bill collector" people like
Quote:
Originally Posted by Anonymous "bill collector" people like this make my blood boil, karma it a _itch. you come on here and judge people, you don't know this person situation. All these collectors that come on here and make jabs at people, I hope someday you are faced with not being able to pay all you bills, and then you will see why people come to this forum for advise. I come here nearly everyday reading, because I am in that situation. Do I want to pay my bills? yes, but can I pay them all? no. So you know what? you have to decide what it more important, eating, staying warm, being able to bathe, being able to drive to work so you can pay some bills, and everyone of these things has done nothing but skyrocket since the economy has tanked. So "bill collector" bite me, I will fight the CA that are after me to last dying breath. To Everyone else on this forum I apologize for my ramblings, but people like that just make me crazy. |
no problemo.it just goes right over their heads as half of them can't spell cat if you spotted them the c and t,and gave them 500.00 to purchase a vowel.that is why sites like this exist.because mopes like bill collector never learn.
Calvary is just anothere collection agency that likes to threate
Calvary is just anothere collection agency that likes to threaten to sue. I would validate the debt and settle with them. I owed the over $900 and settled with them for $280. Just be patient and get everything in writing from them before you send them any money. Be Blessed!!
Actually, they absolutely will file suit against consumers for n
Actually, they absolutely will file suit against consumers for non-payment. My father is going through this currently. They are using Roosen, Varchetti & Oliver, PLLC out of Clinton Township, Michigan for my father's case. Please do not ignore, or you will end up getting a summons and complaint like he did. And the amount he owes is just under $4000.
Seek legal council and make sure you have a good defense so they
Seek legal council and make sure you have a good defense so they will be required to provide the amount they purchased the debt. Also view the link below, it has information regarding the practices of Cavalry Portfolio Services.
http://theconsumerprotectiongroup.com/Cavalry_Portfolio_Services.html
Yes they do
Quote:
Originally Posted by Anonymous CPS doesn't sue, they just threaten to. |
Just to let you know I am currently being taken to court by this "collection agency" for the full amount of a debt I had 11 years ago. So, yeah they do sue!
If it has been 11 years since a payment was made, then the accou
If it has been 11 years since a payment was made, then the account is probably out of SOL. That would be your defense. The debt is time barred.
is Tn a state that allows for joint checking accounts to be seiz
is Tn a state that allows for joint checking accounts to be seized by a credit card collector?
Does the collector have a judgement against you? Here is a list
Does the collector have a judgement against you? Here is a list of post judgement exemptions for TN:
Quote:
Judgments and Enforcement: A judgment entered in a court of the State of Tennessee generally is enforceable for a period of ten (10) years. (28-3-110.) A judgment for an amount over $500.00 may become a lien on the real property of a judgment debtor located at the county in which a certified copy of the judgment is registered. (25-5-101.) A judgment of the Court of General Sessions that is for $500.00 or less may not become a lien on the judgment's debtor's real property except when execution is levied. (16-15-804.) All judgments of any judicial tribunal for money are enforced by execution. (26-1-103.) If a writ of execution is not issued within a year and a day, the judgment may become dormant but may be revived by motion. However, if the judgment has been dormant for ten years, it may be barred because of the applicable statutes of limitations. (25-4-101, 28-3-110.) Executions may first be levied upon the goods and chattels of the judgment debtor, and then be executed upon the lands and tenements if no goods and chattels are available. (26-3-101.) The wages of a judgment debtor may be garnished to satisfy a judgment. However, the maximum part of the aggregate disposable earnings of an individual for any workweek which is subjected to garnishment may not exceed twenty-five percent (25%) of his disposable earnings for that week; or the amount by which his disposable earnings for that week exceed thirty (30) times the federal minimum hourly wage at the time the earnings for any pay period become due and payable, whichever is less. (26-2-106(a).) If the judgment debtor has dependent children under the age of 16 who are residence of the State of Tennessee, the judgment debtor may further be allowed the sum of $2.50 per child as exemption from such garnishment. (26-2-107(a).) The State of Tennessee generally does not permit the submission of a judgment of confession by a power of attorney before an action is instituted and before service of process. (25-2-101.) Foreign Judgment: The State of Tennessee generally adopts the Uniform Enforcement of Foreign Judgments Act. (26-6-101, et seq.) Any judgment, decree or order of a court of the United States or of any other court is entitled to full faith and credit in the State of Tennessee. (26-6-103.) A judgment creditor seeking to enforce a foreign judgment may file with the appropriate court, an authenticated copy of the foreign judgment and an affidavit showing the name and last known post office address of the judgment debtor and the judgment creditor. Promptly upon the filing of the foreign judgment and affidavit, the clerk of the court shall issue a summons to be delivered for service to any person authorized to serve process. This person shall serve the summons and the return endorsed thereon shall be proof of the time and manner of service. (26-6-105.) A judgment so filed has the same effect and is subject to the same procedures, defenses, and proceedings for reopening, vacating, or staying as a judgment of a district court in the State of Tennessee and may be enforced or satisfied in like manner. (26-6-104.) No execution or other process for enforcement of a foreign judgment may be issued until 30 days after the date a summons is served on the judgment debtor. (26-6-105(c).) Interest: Legal rate: The legal rate of interest in the State of Tennessee is 10% per annum. (47-14-103(3).) Written Contract rate: The maximum interest rate permitted on written contract is the applicable "formula rate". (47-14-103(2).) "Formula Rate" is defined under Section 47-14-102(6) of the Tennessee Code as "an annual rate of interest four (4) percentage points above the average prime loan rate (or the average short-term business loan rate, however denominated) for the most recent week for which such an average rate has been published by the board of governors of the Federal Reserve System, or twenty-four percent (24%) per annum, whichever is less. Judgment rate: The interest rate on a judgment is 10% per annum or the rate set forth in the contract agreed to between the parties so long as it is within the rate permitted under section 47-14-103(2) of the Tennessee Code. (47-14-121.) Exemptions: In general, a debtor may claim exemption of his homestead and certain personal property from attachment and execution of a judgment, or in a bankruptcy proceeding. A judgment debtor generally is entitled to a homestead exemption upon real property from execution, attachment, or sale under legal proceedings during his life, to the extent of of $5,000.00 in aggregate value, or $7,500.00 for joint owners, so long as the real property is occupied by the judgment debtor or both joint owners as their residence. If only one joint owner occupied the premises as his residence, the homestead exemption may not exceed $5,000.00. Upon the death of an individual who is head of a family, any such exemption shall inure to the benefit of the surviving spouse and their minor children for as long as the spouse or the minor children use such property as a principal place of residence. (26-2-301(a).) Personal property which may be exempt from execution, seizure or attachment may include any items of his owned and possessed personal property, including money and funds on deposit with a bank or other financial institution, up to the aggregate value of four thousand dollars ($4,000). (26-2-102.) A judgment debtor is entitled to an absolute exemption of all necessary and proper wearing apparel for the actual use of himself and family and the trunks or receptacles necessary to contain same, all family portraits and pictures, and the family Bible and school books. (26-2-103(a).) Other exemptions to which a judgment debtor may be entitled may include state pension funds, retirement funds qualified under ?? 401(a), 403(a), 403(b), and 408 of the federal Internal Revenue Code of 1986, as amended, (26-2-104), accident, health, or disability insurance insuring the assured against loss by reason of accidental personal injuries, or insuring the assured against loss by reason of physical disability resulting from disease (26-2-110), social security benefits, veteran's benefits, disability, illness, or unemployment benefit (26-2-111). For the purpose of a bankruptcy, the citizens of Tennessee are not authorized to claim as exempt the property described in the Bankruptcy Reform Act of 1978, 11 USC 522 (d) pursuant to section 522 (b) (1), Public Law 95-598 known as the Bankruptcy Reform Act of 1978, Title 11 USC, section 522 (b) (1). (26-2-112.) Statutes of Limitation: Civil actions generally can be commenced only within certain time limitations. The time generally runs from the date a cause of action accrues or from the date injury or damages are discovered or should have been discovered. When there are mutual accounts between persons who are not merchants, the time is computed from the true date of the last item, unless the account is liquidated and a balance struck. (28-3-112.) When a cause of action accrues is a critical issue and may be different on a case by case basis. A creditor should always consult actual legal counsel to determine its right to action under the applicable statutes. Some of the time limitations relevant to credit and collection matters are as follows: Demand notes 10 years 28-3-109(c) Contract for Sale 4 year 47-2-725(1) Gambling loss brought by loser. Ninety (90) days next after such payment or delivery. 28-3-106(1) Gambling loss brought for the use of the wife, child or children, or next of kin Within twelve (12) months from the expiration of the ninety (90) days. 28-3-106(2) Gambling loss brought by a creditor of the loser. Within twenty-four (24) months from the end of the ninety (90) days. 28-3-106(3) Injury to personal property 3 years 28-3-105(1) Claim for usury 2 years 28-3-107 Actions on contracts not otherwise expressly provided for. 6 years 28-3-109(a)(3) All other cases not expressly provided for. 10 years 28-3-110(3) |
Tennessee is not a community property state, but that won't stop
Tennessee is not a community property state, but that won't stop them from getting into a joint checking account. For instance if the wife has a credit card debt that was applied for under her name "only" - the debt is solely hers, but if she is sued and there is a judgment against her and "if" her name is on a checking account with anyone, they can take all the money out of the account. They would not care whose money is in the account . . . as long as her name is attached, they can and will take the money. The same would be true if it was solely the husband's debt and there was a judgment against him. To be safe, anyone up against a creditor's judgment should separate their name from anyone else's accounts.
My wages are about to garnished by this company right now. Any a
My wages are about to garnished by this company right now. Any advice on how to stop this? Do I call them to settle for a lower amount per month. Account is from 2005 so I think its in the SOL in California. The account was for a car that got repossessed by Drivetime. I cant afford them taking 25% every two weeks ($370). Do I send a dispute letter or call? Any advice would be helpful.
Been there without much luck working with scumbags like you!
You are as slimy as the people you represent. Many of the debts people have in collections are direct results of being unemployed through no fault of their own. You don't you $%$#$ try to work with people who may only be able to afford to give you $5.00 until they become employed again? Many more people want to pay their debts than don't. I too ran into problems and went out of my way to arrangements with creditors to work through these issues. Every one with the exception of Barclay's Bank told me no. Now that I am employed guess who is getting paid first! Not the creditors who wrote off the debt and sold it Junk Debt %$#%*&% like Cavalry, and the lower than whale%^%%$, slimy, attorneys they are hiring. I spoke with one of their predators and had to take a shower after talking to this scumbag!
(((let's play nice- no cussing :) )) -- Goldenbast
Calvary is a company that has a long track record throughout the
Calvary is a company that has a long track record throughout the United States and are frequent losers in Court because they cannot produce evidence to support their claims. See Landis v. Cavalry, as an example of their tactics backfiring on them. If you have a debt that is over 3 years old, in most states that debt is time limited and CANNOT be collected upon , unless the debt has been reaffirmed. Companies like Calvary often times buy debt that has already been written off and ARE NOT the PEOPLE YOU OWE money too, they are NOT the people you contracted with to inccur that debt. What they are are debt brokers that specialize in purchasing , harassing, and frightening people to pay them but ANY means and that includes the court system. If you are sued by these scum, then notify an attorney at once as well as REPORT them to your States attorney general as there is a godo chance that they have violated the law on your state in one form or the other. Keep this in mind, the DEBT you OWE is NOT TO THEM!!!, it is to the people YOU CONTRACTED WITH. One last thing, if you are at your wits in , seek the advice of a good Bankruptcy attorney and once you do, and walk that path, an automatic STAY is issued on ALL collection efforts from compaines like Calvary who are for the most part trying to get as much money as they can from you before you move in that direction. Good luck and Call your congressmen to pass legislation to put an end to these worthless scum WHO are for the most part not allowed to exist in other Western nations.
CAVPS does sue. It's sad to see people give advice on here when
CAVPS does sue. It's sad to see people give advice on here when in fact they don't know what they are talking about. Each case is different. It is your right to request validation but more often than not, if you got the "Stop Legal Review" letter, you already meet requirements to be sued. It is not a letter sent to everyone. People posting don't pay are normally the ones with nothing to lose and are not responsible in the first place. Cavalry does work with you and understands the economy right now. Although the debt you owe may not be directly to them, they are the ones that would be updating your credit report. If you get a speeding ticket, do you not pay it because the cop gave it to you not the clerk? Try calling and explain your situation. They are the ones that can set up arrangements with no interest accruing. What can it hurt? Worst case scenario, you can avoid them again, just as you are now. The ignorant posts on here by people with nothing to lose ie: house, checking, job. Are doing more harm than good. Good luck.
Act Now
I have had a bad experience with Calvary. They got a garnishment against me, but had closed most of my accounts, so they have not gotten anything yet from me.
Advice: Get an attorney who handles debt collection, there is one for a fee of $75.00 here in GA, have him send them a letter for Validation. That is the only way out,otherwise your letter that you just print off line will not help you and they will get a Judgement against you and will make your life miserable. They are a bunch of thugs,so get ahead in the game.Good Luck