• Report: #252531

Complaint Review: Cavalry Spv

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  • Submitted: Tue, June 05, 2007
  • Updated: Mon, July 14, 2008

  • Reported By:charlotte North Carolina
Cavalry Spv
Hawthorn, NY Hawthorn, New York U.S.A.

Cavalry Spv WON lawsuit filed by these predators Hawthorn Hawthorn New York

*Consumer Comment: Not necessarily

*Consumer Comment: Not necessarily

*Consumer Comment: Not necessarily

*Consumer Comment: Not necessarily

*Consumer Comment: Good Advice!

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If you get sued by these people, don't call them, just FILE AN ANSWER at the courthouse where the suit was filed. Deny owing the debt in the answer and have it NOTARIZED. These people buy junk debts, real or not, and sue in district court (not small claims). They figure you will not file an answer, they will then file a motion for entry of default judgment (they don't have to prove anything if you don't file an answer) Please note that IF they filed in small claims court, they would actually have to send someone to the courthouse to represent them. District court default judgments can be obtained WITHOUT the expense of sending a lawyer to court.

so FILE AN ANSWER! I did and they dropped the case because they had no evidence.

Mark
charlotte, North Carolina
U.S.A.

This report was posted on Ripoff Report on 06/05/2007 06:07 PM and is a permanent record located here: http://www.ripoffreport.com/r/Cavalry-Spv/Hawthorn-New-York/Cavalry-Spv-WON-lawsuit-filed-by-these-predators-Hawthorn-Hawthorn-New-York-252531. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year.

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#1 Consumer Comment

Not necessarily

AUTHOR: Cucumberwrap - (U.S.A.)

This is not necessarily true. While you should never ignore a court summons, simply filing an answer does not make the case dissolve. Sometimes the company has very good evidence that you do owe the money. The burden on proof falls on you. It is in your best interest to have paperwork to back up your claim.

And yes, you can have a default judgment signed against without an attorney for the company present at the small claims/city court. It really depends on the judge.

So get ready! If you do owe the debt, resolve it with them immediately. Filing an answer sets you up for a court date, which hires the hearing department at the collection agency. If they have evidence against you and you can't defend your case, then your costs have skyrocketed because you had to get the company's attorneys involved.

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#2 Consumer Comment

Not necessarily

AUTHOR: Cucumberwrap - (U.S.A.)

This is not necessarily true. While you should never ignore a court summons, simply filing an answer does not make the case dissolve. Sometimes the company has very good evidence that you do owe the money. The burden on proof falls on you. It is in your best interest to have paperwork to back up your claim.

And yes, you can have a default judgment signed against without an attorney for the company present at the small claims/city court. It really depends on the judge.

So get ready! If you do owe the debt, resolve it with them immediately. Filing an answer sets you up for a court date, which hires the hearing department at the collection agency. If they have evidence against you and you can't defend your case, then your costs have skyrocketed because you had to get the company's attorneys involved.

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#3 Consumer Comment

Not necessarily

AUTHOR: Cucumberwrap - (U.S.A.)

This is not necessarily true. While you should never ignore a court summons, simply filing an answer does not make the case dissolve. Sometimes the company has very good evidence that you do owe the money. The burden on proof falls on you. It is in your best interest to have paperwork to back up your claim.

And yes, you can have a default judgment signed against without an attorney for the company present at the small claims/city court. It really depends on the judge.

So get ready! If you do owe the debt, resolve it with them immediately. Filing an answer sets you up for a court date, which hires the hearing department at the collection agency. If they have evidence against you and you can't defend your case, then your costs have skyrocketed because you had to get the company's attorneys involved.

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#4 Consumer Comment

Not necessarily

AUTHOR: Cucumberwrap - (U.S.A.)

This is not necessarily true. While you should never ignore a court summons, simply filing an answer does not make the case dissolve. Sometimes the company has very good evidence that you do owe the money. The burden on proof falls on you. It is in your best interest to have paperwork to back up your claim.

And yes, you can have a default judgment signed against without an attorney for the company present at the small claims/city court. It really depends on the judge.

So get ready! If you do owe the debt, resolve it with them immediately. Filing an answer sets you up for a court date, which hires the hearing department at the collection agency. If they have evidence against you and you can't defend your case, then your costs have skyrocketed because you had to get the company's attorneys involved.

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#5 Consumer Comment

Good Advice!

AUTHOR: Robert - (U.S.A.)

Very good advice Mark.

Never, NEVER, NEVER!!! ignore a lawsuit summons! Once they obtain a money judgement they can legally do all sorts of things to collect the cash!
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