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DEBT RELIEF LAW CENTER

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Cavalry SPV I

Cavalry SPV I is one of the largest debt buyers and debt collection agency in the United States. Cavalry SPV is a debt collection agency that buys debts for pennies on the dollar financial companies like Capital One, Wells Fargo, Citi Bank or Chase who charged off the debt. Cavalry SPV then hires a local attorney to call or sue consumers such as Andreu, Palma, Lavin & Solis, PLLC, Federated Law Group and Hayt, Hayt & Landau, and Hunt & Kahn, P.A. to file a lawsuit against you in an attempt to collect on a debt.

From January 1, 2018 though May 1, 2019, Cavalry SPV I has filed 900 lawsuits against Florida consumers just in Orange County, Florida.

Frequently, the information that they purchase from major banks only includes a spreadsheet of information with consumers information. Therefore, it is very possible that Cavalry SPV I cannot produce original contracts signed or any proof that you actually owe on a debt.

In the case of Cavalry PORTFOLIO SERVICES, LLC, as assignee of Cavalry SPV I, LLC, as assignee of MITSUBISHI vs. MICHAEL M. MACHADO, ,Circuit Court, Broward County, Florida, Case No. CACE 09-37301, Calvary filed suit against Michael M. Machado alleging that he defaulted on a debt by virtue of an assignment of rights under an automobile finance agreement. In its Final Judgment, the trial court held that the evidence offered by Cavalry failed to meet its burden of demonstrating it was the assignee and present owner of the alleged debt and thus lacked standing to file suit. Specifically, the Court found that Cavalry was unable to lay the proper evidentiary foundation for the business records of Calvary SPV I, LLC in the alleged chain of title. The court reasoned that while assignments of account are business records, Cavalry failed to authenticate the documents by testimony of a records custodian or other person with knowledge. Therefore, the records of prior assignments could not be admitted into evidence. The Court held that in order to lay a foundation to the business records exception under section 90.803(6), Florida Evidence Code, “it is not necessary to call the person who actually prepared the document.” Mann v. State, 787 So. 2d 130, 135 (Fla. 3d DCA 2001) [26 Fla. L. Weekly D1072a]. The records custodian or any person “who has the requisite knowledge to testify as to how the record was made can lay the necessary foundation.” Id. at 135. However, Cavalry failed to lay the proper foundation that the records custodian of Cavalry Portfolio Services, LLC has the requisite knowledge to testify as to how the record of the prior assignments was made. Therefore, the trial court did not abuse its discretion in excluding the assignment documents.

Furthermore, if Cavalry SPV reports you to a credit reporting agency, it is likely that they will not be able to validate that you owe a debt in accordance with the Fair Credit Reporting Act and any negative reporting must be removed from your credit.

Cavalry SPV I is an affiliate of a debt collection agency founded in 2002 called Cavalry Portfolio Services located in Valhalla, New York. According to its website, Cavalry Portfolio Services “is a leader in the acquisition and management of non-performing consumer loan portfolios."

If you are being sued by Cavalry SPV, we can help.

We regularly represent consumers who are being sued by debt collection agency, Cavalry SPV.


Being Sued By Cavalry SPV?

Call us for a free consultation. Every Debt Collection Agency Hates Us.

Contact Debt Collection Defense Lawyer, N. James Turner at 1.888.877.5103 or email us njtlaw@gmail.com to Schedule a Confidential and FREE Legal Consultation.

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 About Jim Turner

ABOUT JIM TURNER

STARTED SINCE 1990

Orlando Consumer Rights Lawyer - providing aggressive and affordable professional services to consumers who are being sued by Capital One throughout the Central Florida Area.

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© 2019 N. James Turner, Attorney at Law.

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