Consumer complaint received 2018-03-10
Company: CAVALRY INVESTMENTS, LLC
State: FL
Product: Debt collection
Sub-product: Credit card debt
Issue: Took or threatened to take negative or legal action
Sub-issue: Sued you in a state where you do not live or did not sign for the debt

Complaint:
Partial sample letter sent to first Judge. I'm a 100 % service connected veteran with no assets. They look up my dads info and assume its me. I still Have a court appearance on XX/XX/XXXX. They don't have an original contract that they will let me see. They purchased the debt as a bulk purchase and informed me at mediation that the debt was a continuation of the original contract. That contract would have the terms in it that would allow them to purchase the debt or hire a representative on the original company 's behalf. It would also have my signature on it. They can not produce this document or a full original accounting of the alleged account from conception to current. They even discussed my dads  assets as if they were mine. They have hired a group of attorneys in XXXX that are perusing very hard. This isn't even the state where the Alleged debt was conceived. ( California ) Plus I live in XXXX county and they are suing me in XXXX. When my dad was served I was in XXXX XXXX living. They don't even know who they are suing. They just want money. 

Letter 1 Dear Judge I AM ( My Name ), contacting you about the above mentioned to request that the Motion for Clerks Default filed by Cavalry through XXXX, XXXX, XXXX XXXX XXXX , XXXX, be vacated on my behalf for the following reasons : 1 ) The collection agency never responded to my request for validation, therefore never providing proof that the debt was mine under the FDCPA. I had made many calls and left many messages to XXXX, XXXX, XXXX XXXX XXXX in XX/XX/XXXX before being able to speak with anyone. After being passed from person to person on the phone, no one could provide a copy of the written agreement that created the original requirement to pay the alleged debt, nor could they produce a signature so that I could verify or not whether the alleged debt account was even opened by me or someone else. 
2 ) After considerable research on XXXX, XXXX, XXXX XXXX XXXX and Cavalry, it seems that these companies purchase stale debt and try to collect on that debt often violating the law and in this case, violating many laws, including harassing family members, sending wrongful summons and disrespecting personal privacy even when they can not validate the alleged debt. 
3 ) Several months after the aforementioned phone conversation, on XX/XX/XXXX, ( My Dads Name ), my father, was served summons papers at his home address, DAD 's Address, XXXX   XXXX FL XXXX, concerning the alleged debt that had been discussed with me, thereby, violating my privacy about such matters that can not be verified or validated. My father and mother live alone. ( Dads Name ), my father, called the Sheriffs office after realizing that the summons did not belong to him and he also emailed the Clerk of Court in XXXX to make this statement about the wrongful summons. 
4 ) I AM a 100 % Service Connected XXXX Veteran who lives in a RV with my wife who is also a XXXX veteran. We have been staying in XXXX, XXXX, XXXX and XXXX with family since before the hurricane and mandatory evacuations and were not in the area when the wrongful summons were served. 
5 ) XX/XX/XXXX, ( Dads Name ), my father, again, received a Motion for Clerks Default concerning the exact same wrongful summons that was sent in XX/XX/XXXX even though he had sent a letter confirming that he was not the person the wrongful summons addresses. 
I have returned recently for the winter and my father has made me privy to the wrongful summons and unsubstantiated motion for default that keeps being given to him after my conversation with the firm originally accusing me of the alleged debt and asking me about my fathers assets and properties at the same time and never verifying the alleged debt for me, nor ever serving me personally and yet continuing to harass and wrongfully summons my father and they are continuing to give my alleged information to third parties by doing so. More research online reveals that this firm has many complaints filed against them with the Consumer Financial Protection Bureau and the XXXX  with complaints similar in nature to what me and my family have been experiencing. Given the violation of laws committed by this questionable company, I AM requesting your consideration in vacating the motion to default and having the information removed from all 3 credit bureaus so that neither my father, nor myself are harassed by their unethical practices based on unsubstantiated claims for either of us. 
Attached documents include my fathers response statement to the first wrongful summons, my social security card and birth certificate, as well as my VA information. Please feel free to contact me at your convenience if I can be of further assistance in this matter. 
Thank you for your time and consideration. 

Sincerely, ( My Name ) Letter 2 Dear Judge In response to your Order at the Case Hearing on XX/XX/XXXX, I have attached an answer to the Complaint, including all defenses, Motion to Dismiss and Request For Judicial Notice with Standard on Motion to Dismiss, Argument In Support of Dismissing Amended Complaint, Covering All Four Corners of the Complaint, Requesting that this claim be Dismissed With Prejudice. 
Furthermore, the Plaintiffs Exhibits are insufficient and incomplete and do not establish a contractual relationship since the material terms are missing. A fair reading of the Complaint shows that a purely contractual dispute has arisen between Plaintiff and Defendant and that the assertion of new claim for unjust enrichment, money lent and open account have nothing to do legally or factually with original claims. 
I have requested to see a copy of the Verifiable, Validated Proof-an original Consumer Contract with a wet-ink Signature on it as is my Right according to the Fair Credit Reporting Act, Section 609. Under FCRA, Unverified, Invalid accounts must be removed and the law is very clear as to the Civil Liability and the remedy available to me for the negligent noncompliance ( Section 617 ) if companies, like the Plaintiff, Cavalry SPV I LLC fail to comply with Federal Law. As, per our previous correspondence, this company has violated Civil Liberties stated under the FCRA and FDCPA by ignoring my request for proper validation of the original contract and approval letter of the alleged debt with a wet-ink signature for material terms that would be the only basis for cause of action and pursuing court action without material evidence, harassing my father and family with unlawful summons sent to the wrong address and third party sharing of someones information and not really knowing who they are filing suit against, as we witnessed in the XX/XX/XXXX Hearing in your Chamber. 
In addition, more harassing correspondence was sent to my Father after the Hearing on XX/XX/XXXX. On XX/XX/XXXX, XX/XX/XXXX and XX/XX/XXXX, 3  separate packages, all 3 containing the exact documents, were sent to my Fathers house, again, and were all addressed to HIM! 
Given the absence of validated original contract and signature which shows that Cavalry has no cause to action, and the fact that Cavalry continued to violate Civil Rights of both myself and my Father after they discovered that my Father has assets and that I do not, by harassing my Father, sending wrongful summons, continuing to send multiple packages of the same information in stacks of paper that overwhelmed my Father and third party sharing of alleged debt collection information, I am respectfully requesting that the court dismiss this case and have the negative unverifiable information removed from all three credit bureaus.

Letter 3 Dear Judge ( Different Judge ) I AM objecting to the Plaintiffs motion for telephonic appearance at Mediation based on the matter of principle, as the Plaintiffs reasons for requesting a telephonic appearance due to a burdensome and financial hardship because of their location is false since the Plaintiff does have local counsel as the Court witnessed by the Physical Presence of the Plaintiffs local representative who made a personal appearance on XX/XX/XXXX at the Case Management Conference concerning this matter and furthermore, the Plaintiff has never provided me, nor their representative at the Case Management Conference on XX/XX/XXXX, a Verifiable, Validated Proof of an Original Consumer Contract with a wet -ink Signature, as is my Right according to the Fair Credit Reporting Act, Section 609. In addition, I have been sued for a frivolous, Non-Verifiable, Non-Validated matter and false allegations have been made about my character ( or my Fathers, as the Plaintiff has never made it clear as to whom they are intending to file suit for this alleged debt and even the Counsel hired to represent the Plaintiff on XX/XX/XXXX was not sure, either ). Therefore, I deserve the right to confront my accusers, or at least their council in person in Mediation. As you are well aware, there is an industry of law firms that have made it their business model to sue the more underprivileged and often elderly members of society ( I AM a XXXX XXXX   XXXX Veteran ) and they thrive because they know and Federal government research shows that 97 % of the defendants will not even respond to the summons, ( especially if they do not receive it because it was sent to the wrong address or a family members home, as in my case ). These Companies and some Law Firms completely live off the inaction of the unaware, defenseless consumer. This industry has made a mockery of the Courts by overwhelming their resources with thousands of extra suits, blatantly false affidavits and purported evidence and the knowledge that they will be given the benefit of the doubt because they have passed the bar and are " lawyers ''. I have the right to confront my accuser in person or at the very least their counsel in person and do object to their appearance by telephone. 
Judge ( Name ) had requested that I write a response to the Complaint, which is attached for your immediate perusal, written on XX/XX/XXXX : In response to your Order at the Case Hearing on XX/XX/XXXX, I have attached an answer to the Complaint, including all defenses, Motion to Dismiss and Request For Judicial Notice with Standard on Motion to Dismiss, Argument In Support of Dismissing Amended Complaint, Covering All Four Corners of the Complaint, Requesting that this claim be Dismissed With Prejudice. 
Furthermore, the Plaintiffs Exhibits are insufficient and incomplete and do not establish a contractual relationship since the material terms are missing. A fair reading of the Complaint shows that a purely contractual dispute has arisen between Plaintiff and Defendant and that the assertion of new claim for unjust enrichment, money lent and open account have nothing to do legally or factually with original claims. 
I have requested to see a copy of the Verifiable, Validated Proof of an original Consumer Contract with a wet-ink Signature on it as is my Right according to the Fair Credit Reporting Act, Section 609, since my first communication with Cavalry. Under FCRA, Unverified, Invalid accounts must be removed and the law is very clear as to the Civil Liability and the remedy available to me for the negligent noncompliance ( Section 617 ) if companies, like the Plaintiff, Cavalry SPV I LLC, fail to comply with Federal Law. As, per our previous correspondence, this company has violated Civil Liberties stated under the FCRA and FDCPA by ignoring my request for proper validation of the original contract and approval letter of the alleged debt with a wet-ink signature for material terms that would be the only basis for cause of action and pursuing court action without material evidence, harassing my father and family with unlawful summons sent to the wrong address and third party sharing of someones information and not really knowing who they are filing suit against, as we witnessed in the XX/XX/XXXX Hearing in your Chamber. 
In addition, more harassing correspondence was sent to my Father after the Hearing on XX/XX/XXXX. On XX/XX/XXXX, XX/XX/XXXX and XX/XX/XXXX, 3 separate packages, all 3 containing the exact documents, were sent to my Fathers house, again and again, and were all addressed to HIM!

Given the absence of a Validated Original Contract and Signature which shows that Cavalry has no cause to action, and the fact that Cavalry continued to violate Civil Rights of both myself and my Father after they discovered that my Father has assets and that I do not, by harassing my Father, sending wrongful summons, continuing to send multiple packages of the same information in stacks of paper that overwhelmed my XXXX year old sick Father and third party sharing of alleged debt collection information, as well as falsely creating a cause to action without material conditions, I AM Respectfully Requesting that the Court Dismiss this Case and have the negative Unverifiable information Removed from all three credit bureaus on my Credit Report. If the Judge sees fit to add any relief on my behalf deemed just, such as the application of negligent noncompliance and more, please feel free to do so. Thank You. 
Respectfully, MY Name

Company response to consumer: Closed with explanation