Cavalry Portfolio - Gerri CSR A Woman - Thomas Law Offices - Ann Thomas -David Margolin Ripoff Hawthorne New York

Michael,

Once again, your information is flawed.

Did you ever hear of the Homestead Act?

Well, here in FL, as in many other states I have lived, and owned property, a homeowner who is "homesteaded" is protected against the loss of property and evn against a foriegn lien from being filed against it. The only lien that can be filed against a homesteded property here in FL is for something to do with the house/property itself.

My Mom's property was exempt from all creditors judgements due to her being homesteaded. They sued, won, and got judgements against her and then we laughed at them. Those judgements were not worth the paper they were written on.

And, actually in Texas property is EASY to take and/or lien. It is wage garnishment that is illegal.

The Law Office of Anne Thomas is a seperate law office, they just happen to be one of the MANY attorney's that work for Cavalry Portfolio Services.

As far as the details, I cannot go into, but you must realize that in almost all 50 states you are able to have suit filed against you. If you have property there is really only one good state to live in. That's Texas, but even in Texas you can have problems if your property is worth enough. There are just more loopholes to jump through for the lawyers.

A judgement is something that is filed on your Credit Bureau. A lien is something that is filed on a title deed to something. Such as your house.

Shile the Credit Bureau calls is a Judgement, it is, and while the county clerk calls it a lien, it is.

I don't know if a Collection Agency can or cannot file a judgement, but I do know that Cavalry Portfolio Services is not an agency, but rather a Debt Collection Company. Actually they have many collection agencies that work for them, but that is neither here nor there.

The Credit Bureau does not report the lawyer in most cases because if so it would mean that you actually owed the lawyer money, not the company. The lawyer is simply working for the company, that is why it shows that the Company has the judgement, because they really do.

I hope this helps.

The Law Office of Anne Thomas is a seperate law office, they just happen to be one of the MANY attorney's that work for Cavalry Portfolio Services.

As far as the details, I cannot go into, but you must realize that in almost all 50 states you are able to have suit filed against you. If you have property there is really only one good state to live in. That's Texas, but even in Texas you can have problems if your property is worth enough. There are just more loopholes to jump through for the lawyers.

A judgement is something that is filed on your Credit Bureau. A lien is something that is filed on a title deed to something. Such as your house.

Shile the Credit Bureau calls is a Judgement, it is, and while the county clerk calls it a lien, it is.

I don't know if a Collection Agency can or cannot file a judgement, but I do know that Cavalry Portfolio Services is not an agency, but rather a Debt Collection Company. Actually they have many collection agencies that work for them, but that is neither here nor there.

The Credit Bureau does not report the lawyer in most cases because if so it would mean that you actually owed the lawyer money, not the company. The lawyer is simply working for the company, that is why it shows that the Company has the judgement, because they really do.

I hope this helps.

The Law Office of Anne Thomas is a seperate law office, they just happen to be one of the MANY attorney's that work for Cavalry Portfolio Services.

As far as the details, I cannot go into, but you must realize that in almost all 50 states you are able to have suit filed against you. If you have property there is really only one good state to live in. That's Texas, but even in Texas you can have problems if your property is worth enough. There are just more loopholes to jump through for the lawyers.

A judgement is something that is filed on your Credit Bureau. A lien is something that is filed on a title deed to something. Such as your house.

Shile the Credit Bureau calls is a Judgement, it is, and while the county clerk calls it a lien, it is.

I don't know if a Collection Agency can or cannot file a judgement, but I do know that Cavalry Portfolio Services is not an agency, but rather a Debt Collection Company. Actually they have many collection agencies that work for them, but that is neither here nor there.

The Credit Bureau does not report the lawyer in most cases because if so it would mean that you actually owed the lawyer money, not the company. The lawyer is simply working for the company, that is why it shows that the Company has the judgement, because they really do.

I hope this helps.

The Law Office of Anne Thomas is a seperate law office, they just happen to be one of the MANY attorney's that work for Cavalry Portfolio Services.

As far as the details, I cannot go into, but you must realize that in almost all 50 states you are able to have suit filed against you. If you have property there is really only one good state to live in. That's Texas, but even in Texas you can have problems if your property is worth enough. There are just more loopholes to jump through for the lawyers.

A judgement is something that is filed on your Credit Bureau. A lien is something that is filed on a title deed to something. Such as your house.

Shile the Credit Bureau calls is a Judgement, it is, and while the county clerk calls it a lien, it is.

I don't know if a Collection Agency can or cannot file a judgement, but I do know that Cavalry Portfolio Services is not an agency, but rather a Debt Collection Company. Actually they have many collection agencies that work for them, but that is neither here nor there.

The Credit Bureau does not report the lawyer in most cases because if so it would mean that you actually owed the lawyer money, not the company. The lawyer is simply working for the company, that is why it shows that the Company has the judgement, because they really do.

I hope this helps.

I'm an attorney in California and I've dealt wiht Cavalry Portfolio Services before. They sued a client of mine for a debt that was time barred here in California. I filed a Motion for Judgment on the Pleadings that was granted and the case was dismissed.

You need to hire an attorney and get the default judgment set aside. Right now, it doesn't matter that you weren't served because they were able to convince the court that you WERE properly served. That couldn't have gotten the default judgment without showing the court proof of service.

It is up to you to convince the judge that you were not properly served. Until then, they are free to enforce the judgment.

I am a law student who just learned of this company today (Jan. 5, 2007) because attorney Anne Thomas with Thomas Law Offices, PLLC froze my parent's bank account on behalf of Calvary Portfolio Services.

I have to wait until Monday to get a copy of the court judgment but I did contact the bank and was successful in having them fax me the information that Anne Thomas sent them to have the account frozen in the first place. I will do a separate report and detail things a bit clearer there, but long story short, Anne Thomas immediately faxed a letter to the legal department of the bank and a copy to me when I told her that she had the wrong person and that I was a law student. Unfortunately, not many of the other consumers have the luxury of looking up the law - so I'm going to give you some information to try and help now or in the future:

THE FAIR DEBT COLLECTION PRACTICES ACT was created by Congress to eliminate abusive debt collection practices by debt collectors. This federal law requires quite a bit, but I'm outlining just a small portion below. You can go to http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm to read it all for yourself. Here's some things:

1. A Collector must notify a consumer in writing, within 5 days after contacting them by phone, of the debt owed and give them 30 days to respond before taking ANY action.

2. Provide to a consumer that requests in writing, within 30 days of being contacted by the collector, the name and contact info of the original creditor. (so you can call and see if the debt is really yours and really unpaid)

3. If the consumer notifies the collector in writing within the 30 days that the debt is disputed, or the consumer requests the name and address of the original creditor, the collector must cease collection of the debt until the collector mails further info on the debt to the consumer.

4. The failure of a consumer to dispute the validity of a debt may not be construed by any court as an admission of liability by the consumer.

5. A debt collector suing a consumer must sue in a judicial district where the land is located (if it's land/house), or in the judicial district in which the consumer signed the contract in question or where the consumer resides at the time the court action is started (for all other property like bank accounts, etc.) This means that if you live in Texas, they can't bring a court action against you in New York unless they are suing you on a contract that was signed BY YOU in New York.

6. A collector can't collect an amount unless the amount is expressly authorized by the contract creating the debt or permitted by law.

7. Collectors can only accepted a 5 or more day postdated check if they provide the consumer with a written notice of their intent intent to deposit the check not more than ten nor less than three business days prior to the deposit. (in other words, they have 7 to 10 days after they give notice to deposit the check).

8. They can't deposit or threaten to deposit a post dated check early.

9. They can't threaten a criminal lawsuit to get a post dated check from a consumer.

10. Collectors that violate these laws are liable to the consumer who's rights are violated in the equal amount of actual damage sustained by the consumer as a result of such violation. (in other words, if your account was frozen and you were charged $300 for bounced checks then they are liable for $300). Plus, a court may award additional damages that cannot exceed $1,000 upon just cause. A consumer can ask but it's at the judges discretion.

This is just a portion, and my interpretation of the law, as well. I'm not an attorney but you can certainly seek an attorney in your state if you feel that your rights have been violated. If you win, your attorney can ask the court to make the collector pay your attorney's fees. But be careful, because if you file a malicious suit against a collector that is not in good faith, you'll be forced to pay the collector's attorney fees.

I am a law student who just learned of this company today (Jan. 5, 2007) because attorney Anne Thomas with Thomas Law Offices, PLLC froze my parent's bank account on behalf of Calvary Portfolio Services.

I have to wait until Monday to get a copy of the court judgment but I did contact the bank and was successful in having them fax me the information that Anne Thomas sent them to have the account frozen in the first place. I will do a separate report and detail things a bit clearer there, but long story short, Anne Thomas immediately faxed a letter to the legal department of the bank and a copy to me when I told her that she had the wrong person and that I was a law student. Unfortunately, not many of the other consumers have the luxury of looking up the law - so I'm going to give you some information to try and help now or in the future:

THE FAIR DEBT COLLECTION PRACTICES ACT was created by Congress to eliminate abusive debt collection practices by debt collectors. This federal law requires quite a bit, but I'm outlining just a small portion below. You can go to http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm to read it all for yourself. Here's some things:

1. A Collector must notify a consumer in writing, within 5 days after contacting them by phone, of the debt owed and give them 30 days to respond before taking ANY action.

2. Provide to a consumer that requests in writing, within 30 days of being contacted by the collector, the name and contact info of the original creditor. (so you can call and see if the debt is really yours and really unpaid)

3. If the consumer notifies the collector in writing within the 30 days that the debt is disputed, or the consumer requests the name and address of the original creditor, the collector must cease collection of the debt until the collector mails further info on the debt to the consumer.

4. The failure of a consumer to dispute the validity of a debt may not be construed by any court as an admission of liability by the consumer.

5. A debt collector suing a consumer must sue in a judicial district where the land is located (if it's land/house), or in the judicial district in which the consumer signed the contract in question or where the consumer resides at the time the court action is started (for all other property like bank accounts, etc.) This means that if you live in Texas, they can't bring a court action against you in New York unless they are suing you on a contract that was signed BY YOU in New York.

6. A collector can't collect an amount unless the amount is expressly authorized by the contract creating the debt or permitted by law.

7. Collectors can only accepted a 5 or more day postdated check if they provide the consumer with a written notice of their intent intent to deposit the check not more than ten nor less than three business days prior to the deposit. (in other words, they have 7 to 10 days after they give notice to deposit the check).

8. They can't deposit or threaten to deposit a post dated check early.

9. They can't threaten a criminal lawsuit to get a post dated check from a consumer.

10. Collectors that violate these laws are liable to the consumer who's rights are violated in the equal amount of actual damage sustained by the consumer as a result of such violation. (in other words, if your account was frozen and you were charged $300 for bounced checks then they are liable for $300). Plus, a court may award additional damages that cannot exceed $1,000 upon just cause. A consumer can ask but it's at the judges discretion.

This is just a portion, and my interpretation of the law, as well. I'm not an attorney but you can certainly seek an attorney in your state if you feel that your rights have been violated. If you win, your attorney can ask the court to make the collector pay your attorney's fees. But be careful, because if you file a malicious suit against a collector that is not in good faith, you'll be forced to pay the collector's attorney fees.

I am a law student who just learned of this company today (Jan. 5, 2007) because attorney Anne Thomas with Thomas Law Offices, PLLC froze my parent's bank account on behalf of Calvary Portfolio Services.

I have to wait until Monday to get a copy of the court judgment but I did contact the bank and was successful in having them fax me the information that Anne Thomas sent them to have the account frozen in the first place. I will do a separate report and detail things a bit clearer there, but long story short, Anne Thomas immediately faxed a letter to the legal department of the bank and a copy to me when I told her that she had the wrong person and that I was a law student. Unfortunately, not many of the other consumers have the luxury of looking up the law - so I'm going to give you some information to try and help now or in the future:

THE FAIR DEBT COLLECTION PRACTICES ACT was created by Congress to eliminate abusive debt collection practices by debt collectors. This federal law requires quite a bit, but I'm outlining just a small portion below. You can go to http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm to read it all for yourself. Here's some things:

1. A Collector must notify a consumer in writing, within 5 days after contacting them by phone, of the debt owed and give them 30 days to respond before taking ANY action.

2. Provide to a consumer that requests in writing, within 30 days of being contacted by the collector, the name and contact info of the original creditor. (so you can call and see if the debt is really yours and really unpaid)

3. If the consumer notifies the collector in writing within the 30 days that the debt is disputed, or the consumer requests the name and address of the original creditor, the collector must cease collection of the debt until the collector mails further info on the debt to the consumer.

4. The failure of a consumer to dispute the validity of a debt may not be construed by any court as an admission of liability by the consumer.

5. A debt collector suing a consumer must sue in a judicial district where the land is located (if it's land/house), or in the judicial district in which the consumer signed the contract in question or where the consumer resides at the time the court action is started (for all other property like bank accounts, etc.) This means that if you live in Texas, they can't bring a court action against you in New York unless they are suing you on a contract that was signed BY YOU in New York.

6. A collector can't collect an amount unless the amount is expressly authorized by the contract creating the debt or permitted by law.

7. Collectors can only accepted a 5 or more day postdated check if they provide the consumer with a written notice of their intent intent to deposit the check not more than ten nor less than three business days prior to the deposit. (in other words, they have 7 to 10 days after they give notice to deposit the check).

8. They can't deposit or threaten to deposit a post dated check early.

9. They can't threaten a criminal lawsuit to get a post dated check from a consumer.

10. Collectors that violate these laws are liable to the consumer who's rights are violated in the equal amount of actual damage sustained by the consumer as a result of such violation. (in other words, if your account was frozen and you were charged $300 for bounced checks then they are liable for $300). Plus, a court may award additional damages that cannot exceed $1,000 upon just cause. A consumer can ask but it's at the judges discretion.

This is just a portion, and my interpretation of the law, as well. I'm not an attorney but you can certainly seek an attorney in your state if you feel that your rights have been violated. If you win, your attorney can ask the court to make the collector pay your attorney's fees. But be careful, because if you file a malicious suit against a collector that is not in good faith, you'll be forced to pay the collector's attorney fees.

I have posted this time and time again in the hopes that people will take action against this company and any other like it. Good Luck!

Cavalry/Calvary Portfolio Services alternate spelling "Cavalry".
with offices in the following states:

http://www.cavalryportfolioservices.com/

Hawthorne, NY
PO Box 1030
Hawthorne, NY 10532
866-434-2996

Phoenix, AZ
PO Box 27288
Tempe, AZ 85282
800-861-4966

Tulsa, OK
PO Box 470937
Tulsa, OK 74147
866-898-4109

St. Paul, MN
PO Box 75428
St. Paul, MN 55175
877-266-8815

Like so many of the reports I have read, I have also fallen victim to Cavalry/Calvary Portfolio Services and AT&T Cingular..

I earn my living in the Finance and Collection Industry so I know how to keep my credit perfect or screw it up. I also know the laws of collection and who to contact when it all goes wrong. However, I choose to pay my bills and my debts to avoid scab companies like Cavalry/Calvary Portfolio. So for those of you who want to defend the collection company, I am not proud to say I have worked with the lowest of you scum. I know how you operate and manipulate and try to intimidate. It won't work here.

For 5 years my credit report was spotless, until January 06 when I pulled a credit report for review purposes (done every 6 months) and there it is a debt is from 1999 for 800.00. Contrary to what the collection companies and there defenders here may say, not everyone owes the debt.

Again, I am well versed in the Collection Laws. I walked every step by the law. I requested proof of the account. I have been a Sprint Customer for 13 years. I never had an At&T or Cingular Account. So where did this come from. I requested validation in writing, certifies mail. Cavalry/Calvary ?s only has response to my request and has been to change the dates of the delinquency to June of 2006. Which happens to be the month they received my 3rd letter requesting validation. They see this as debt acknowledgment and new account activity and feel it is legal to change the dates.

Unfortunately, to fight Cavalry/Calvary and other scab collection companies, you are going to have to put a lot more time and effort. Your credit effects your home utilities, auto insurance rates, chances for buying a home or auto, and of course interest rates for any credit accounts. It is worth the effort. These companies bank on consumers who are unknowledgeable or don't want the hassle of fighting the collection companies.

Here is what I know and will give the information freely.

I contacted the Texas state Attorney Generals office for help. All states have government agencies to help you with this you just have to ask. The Texas AGA pulled Cavalry/Calvary in there complaint data base and stated that there are 32 consumer complaints for the same reason as mine for the month of September 06 alone.

They said that the when enough complaints come in about Cavalry/Calvary and the other scab collection agencies that they will start an investigation and could start legal actions against them. The problem is the consumers (you) are not SPEAKING UP.

So take this a step further. If you have the time to file a report here, then file one with your State Attorney General and the State Attorney General where the companies do business.

Other Agencies and Companies are equipt to help you clear your credit but again you have to make the effort. You have already paid for the services if you pay taxes. Even if the agencies are understaffed or not eager to help, leave a paper trail, file complaints! Make sure you document all contact with scabs in writing. Letters should always be certified mail with a receipt! The bigger and longer the paper trail is against them the easier each of us can prove our genuine innocence.

Here are the companies you should contact to file complaints or get advice and information on how to fight the debts and scab collectors.

In Texas (other states have the same or similar agencies and resources just search it on the internet. You will find it!)

Texas Attorney General - http://www.oag.state.tx.us/
Texas Secretary of State: http://www.sos.state.tx.us/
(Collection companies have to a bond to collect/do business in the state where you reside. Secretary of State can tell you if this has been done)
Public Utility Commission: http://www.puc.state.tx.us/
Texas State Law Library: http://www.sll.state.tx.us/
Texas State Bar: http://www.texasbar.com/
(Will help you contact legal advisors to fight the scab collection companies)

States that Cavalry does there dirty business: (go to the ?Consumer? to file complaints)

State of New York - http://www.oag.state.ny.us/
State of Arizona -. http://www.azag.gov/
State of Oklahoma - http://www.oag.state.ok.us/
State of Minnesota - http://www.ag.state.mn.us/

Additional sites to file a complaint. Keep at it, they will help you eventually or send you to someone who will.

Federal trade Commission - http://www.ftc.gov/
American Collectors Association - http://www.acainternational.org/
Better Business Bureau (National) - http://www.bbb.org/
You should file a complaint with the National BBB, Your Local BBB, and the BBB where the companies is doing business.

National Foundation for Credit Counseling - http://www.nfcc.org/
(Your not admitting to the debt you are looking for advice to fight and clear the debt.)

dispute the collections with all of the credit bureaus in writing certified mail.
Experian - http://www.experian.com/
Equifax - http://www.equifax.com/
Trans Union - http://www.transunion.com/

Don't blow this off! The longer time lapses and the less effort you make, the harder it is to prove it isn't you debt and that you want it to be corrected. Why? Simple, because if it isn't your debt why would you let it ride on your credit and run your chances for or loans and pay higher prices, interest and possibly jobs because of an invalid debt on your credit report.

The only other thing you can do is contact an attorney who specializes in this field or contact the attorney that others have listed on this site. Attorneys can work together from several different states and if enough people come forward with valid complaints it turns into a class action lawsuit. it is worth the phone call at the least.