Debt buyer

You are being sued by Cavalry SPV

Cavalry SPV holds the account while Cavalry Portfolio Services collects it. Like other special purpose vehicles, the entity that sues is a holding company with no employees who ever handled your account.

Also appears as: Cavalry Portfolio Services, Calvary SPV · Serviced by Cavalry Portfolio Services, LLC

The deadline is the only thing that is urgent today

Your summons states how many days you have to file a written response, generally 14 to 35 days from the date you were served. If that date passes without a filing, Cavalry SPV can ask the clerk for a default judgment and win without producing any document at all. Everything else can wait until after your Answer is filed.

Where their paperwork usually falls short

  • Affidavit from the servicer, not the owner or the bank
  • Bill of sale naming a pool rather than the account
  • No documentation of the transfer between the SPV and the servicer

Defenses commonly raised in these cases

  • Lack of standing / no proof of assignment
  • Hearsay affidavit
  • Broken chain of title
  • Statute of limitations

Raise the defenses that match your facts. The toolkit explains each one and when it applies before you select it.

Who usually files these cases

Local collection counsel. The name of the law firm on your papers is not the plaintiff. The plaintiff is the company listed in the caption, and it is the plaintiff that has to prove ownership of your account.

Your next four steps

  1. 1Write the date you were served on the first page and calculate your deadline.
  2. 2File a written Answer with the clerk of the court named on the summons, and mail a copy to the plaintiff's attorney with a certificate of service.
  3. 3Serve discovery asking Cavalry SPV for the bill of sale and the account-level schedule naming your account number.
  4. 4Calendar the response deadline and keep copies of everything you send and receive.
Build these documents — $47

Sued by someone else?

Educational information and document preparation only. Make Them Prove It is not a law firm and does not give legal advice. Rules and deadlines differ by state and by court, so confirm them with your court clerk or a licensed attorney in your state.