in November, I received a letter from attorney stating that they represent Cavalry Portfolio Services for monies owed to them. They listed an original creditor and demand amount. I responded immediately and asked for validation: Original credit agreement, proof that Cavalry is the true party of interest, etc. Yesterday - -4 months later - - the attorney sends me 6 credit card statements from the original creditor. Nothing else! Until the first attorney letter, I had never heard of Cavalry. To date. they have NEVER contacted me. I did send them a request for validation of debt but they never responded. I fully expect to get a summons from this law firm. I am in MN so they can serve without filing in court first. SO - - - any suggestions???
Usually if sued by a JDB like Cavalry, you attack the assignment i.e. affidavits and other evidence. In MN, however, assignment is construed very liberally: Then they have to establish whether or not there was a viable legal contract which is also very liberally construed in MN: The judge is going to look at those statements if Calvary uses them as evidence, and find there was a valid contract, I am willing to bet as he not only will look at them but your conduct in using the cc, and in the fact that it's your name and address on the statements. It will also greatly depend on what they allege as the CoA. Can't really give you much in the way of what to do as they haven't sued you yet and different CoA's are defended in different ways. Most JDB's use affidavits of personal knowledge of the account. Those can usually be struck but it won't help you much if Calvary uses the statements as evidence. That said, you should be seeing how to mitigate your damages if they do sue. You need to be reading up on consumer protection law in MN and debt collection laws to see if Calvary has committed any violations of the law which you can use as a counterclaim in any legal action against you to offset whatever, if anything, you might have to pay.
