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Cavalry SPV I, LLC

Cavalry SPV I LLC- Debt Buyer Lawsuit

What is Cavalry SPV I LLC?

Cavalry SPV I LLC is a debt buyer or purchaser of charged-off debt. Cavalry SPV I may show up on your credit report or may have served you with a collection lawsuit.

You are not alone. Each year, it files hundreds of debt collection lawsuits against consumers, using local Atlanta collection attorneys, such as Cooling & Winter, LLC.

What Should I Do if Cavalry Portfolio sues me?

DO I NEED A DEBT DEFENSE LAWYER?

Well, think about what will happen if you fight the Calvary lawsuit without an attorney.

The vast majority of these collection lawsuits end up with a judgment against the consumer. This is mostly because the consumer did not defend the lawsuit, and Calvary SPV I obtained either a default judgment or a summary judgment.

If you hire an experienced debt defense attorney, this junk debt buyer will usually wind up working out the lawsuit in one of three ways: 1) the consumer wins; 2) Calvary settles for less than the amount demanded in the complaint; 3)  Cavalry Portfolio voluntarily dismisses its lawsuit against you.

Common Defenses for Cavalry SPV I lawsuits:

  • The debt buyer does not have evidence to show that the customer owes the debt
  • The statute of limitations has expired
  • The debt collector can not prove the amount that it alleges you owe
  • Debt buyer can not prove that it is the right party in interest
  • Insufficient service
  • Inadmissible evidence.
  • Providing “robo-signed” or false affidavits regarding the consumer’s debt.

Diwan Law has fought and resolved many cases with the debt collectors and attorneys at Cavalry SPV I, LLC on behalf of our clients.

If you are facing a debt collection lawsuit involving Cavalry SPV I, LLC or any other debt collector, call Diwan Law at 404-635-6883 for a free evaluation.

Cooling and Winter

Cooling & Winter, LLC, Debt Collection Attorneys

What is Cooling & Winter, LLC?

Cooling and Winter is a southeast regional debt collection law firm based out of Atlanta, Georgia. The firm represents national banks, credit card issuers, student loan issuers, debt buyers, and financial institutions.

It is considered a debt collector under the Fair Debt Collection Practices Act. Under the FDCPA, a debt collector is a person or a company that regularly collects past-due debts owed to others.

Why is Cooling and Winter Contacting Me?

If Cooling and Winter is contacting you, you most likely owe a debt to either a credit card company or a debt collector.

These debt collection calls and letters are very stressful because they are attempting to collect a debt and are either threatening to sue, in the process of suing you, or have already sued you.

What to do if they file a lawsuit against me?

If Cooling and Winter serves you, you need to promptly respond to the credit card or debt buyer lawsuit.

If you do not respond to the summons, Cooling and Winter will obtain may obtain a default judgment.

Can Cooling and Winter Garnish my Wages?

If a debt buyer or creditor retains a law firm, they have every intention to collect on a debt.

Armed with the judgment, the creditor can garnish your wages and bank accounts.

How can I stop a Cooling and Winter Wage or Bank Garnishment?

If you are being sued or garnished by a debt collector, contact Diwan Law immediately.

We have the knowledge and experience to defend you in every aspect of your case.

Diwan Law will assert all viable defenses you may have, file the appropriate motions, and negotiate with the creditor to prevent the creditor from garnishing you.

Conclusion                  

If Cooling and Winter is suing you for any amount of money, contact Diwan Law, the credit card defense attorney, to discuss your legal options. Call Diwan Law, 404-635-6883, for a free consultation.

About Diwan Law

Diwan Law is dedicated to getting our clients the best result possible.

Diwan Law represents clients facing:

  • Debt buyer lawsuits (i.e. Midland Funding, Portfolio Recovery Associates, Asset Acceptance, Cavalry Portfolio Services, Unifund, etc.)
  • Credit Card lawsuits
  • Suits stemming from automobile repossession deficiencies, apartment leases, and other contract-related matters;
  • Dormant judgment revival; and
  • Garnishment actions on bank accounts or wages.

Diwan Law Handles Cases in:

Gwinnett County State Court; Dekalb County State Court; Cobb County State Court; Fulton County State Court; Henry County State Court; and most other state courts in Georgia.

Setting Aside a Default Judgment

If a creditor or debt collector has served you with a lawsuit and you do not file an answer within 45 days, you may be able to avoid a default judgment and have your day in court.

The following discussion summarizes Georgia’s policy of deciding cases based on the facts or “on the merits” rather than through default judgments.

Applicable Georgia Statutes

In Georgia, after service, the defendant typically has 30 days to respond to the complaint. If a defendant fails to file an answer within those 30 days, the case is deemed to be “in default.”

After those 30 days have passed, a defendant has an additional 15 days to automatically “open default,” without admitting to the plaintiff’s allegations, under O.C.G.A. § 9-11-55(a).

If a defendant still fails to respond after 45 days, then a defendant may still be able to “open default.” Along with paying court costs, filing an answer under oath, and stating a readiness to proceed to trial, the defendant must satisfy specific statutory requirements and preconditions under O.C.G.A. § 9-11-55(b):

“At any time before final judgment, the court, in its discretion, upon payment of costs, may allow the default to be opened [1] for providential cause preventing the filing of required pleadings or [2] for excusable neglect or [3] where the judge, from all the facts, shall determine that a proper case has been made for the default to be opened, on terms to be fixed by the court.”

Case Law

Providential cause typically covers events over which a party or lawyer lacked control over, including the illness of a litigant, see Phillips v. Taber, 83 Ga. 565(1889), or his lead counsel, Printup v. Mitchell, 19 Ga. 586 (1856); the death of a party, see Dougherty v. Fogle, 48 Ga. 615 (1873); the absence of an attorney due to military service, see Dalton City Co. v. Dalton Mfg. Co., 33 Ga. 243 (1862); and acts of God, see Carhart v. Ross, 15 Ga. 186 (1854).

The term “excusable neglect” refers to a ‘reasonable excuse’ for failing to answer a complaint, which is different from willful disregard of the process of the court. Ga. Farm Bldgs., Inc. v. Willard, 170 Ga. App. 327, (1984).

The “proper” case ground allows the court to reach “out in every conceivable case where injustice might result if the default were not opened,” Axelroad v. Preston, 232 Ga. 836 (1974).

All three grounds require that the defendant’s failure to file a timely answer must not have resulted from willful or gross negligence. See Muscogee Realty Dev. Corp. v. Jefferson Co., 252 Ga. 400 (1984).

What does this mean for defendants?

Even after 45 days have elapsed since being served, litigants may be able to open default and proceed to the merits of the case.

So, if you did not timely respond to a complaint resulting from debt, you might still be able to avoid judgment.

About Diwan Law

Diwan Law is a law firm dedicated to vigorously representing our clients.

Diwan Law represents debt collection cases in the Magistrate, State, and Superior Courts of Georgia.

Diwan Law represents clients facing:

  • Debt buyer lawsuits (i.e. Midland Funding, Portfolio Recovery Associates, Asset Acceptance, Cavalry Portfolio Services, Unifund, etc.);
  • Credit Card lawsuits (i.e. American Express, Citibank, Suntrust, etc.);