Consumer complaint received 2018-11-27
Company: CAVALRY INVESTMENTS, LLC
State: GA
Product: Debt collection
Sub-product: Credit card debt
Issue: Took or threatened to take negative or legal action
Sub-issue: Sued you without properly notifying you of lawsuit

Complaint:
In XX/XX/XXXX, I filed complaints ( XXXX and XXXX ) against the parties described in the narrative below. In XX/XX/XXXX, I received a response from your office providing responses from the parties. Having read the responses provided by the parties, I submitted feedback later in XX/XX/XXXX, believing the feedback would be reviewed by you and additional action taken to address my ongoing concerns. When I failed to hear anything further from you, I followed up with a phone call last week only to be told I had to file a new complaint. Please see the following which chronicles my ongoing dispute with these parties and please assist me in resolving this matter. Thank you. 

XXXX XXXX XXXX ======================================================== XX/XX/XXXX Please treat this as my response to the responses provided to my complaint to you by both Calvary SPV1, LLC and to their Attorney XXXX XXXXXXXX XXXX. 

First, I am further disputing Calvary 's response, particularly the chronology of events and, more adamantly, because I NEVER received any of the communication to which Calvary alludes.

The only communication I received from Calvary in relation to this debt was a letter dated XX/XX/XXXX, which appeared threatening and in violation of the FDCPA notification requirements. As such, I immediately responded to them to dispute the debt and to raise concerns about the content of the communication. Please see attached. 

I heard nothing further from Calvary in response to my dispute. It is only in early XX/XX/XXXX I became aware that a lien was filed against my property as a result of the debt Calvary claims I owe, but still has not been able to conclusively establish.

Further, the sequence of events Calvary describes in their current response defies logic ; for example, Calvary states " On or about XX/XX/XXXX, the law firm filed a lawsuit regarding Mr. XXXX 's account '', then Calvary goes on to claim the lawsuit was served on XX/XX/XXXX and that the court entered judgment " On or about XX/XX/XXXX '' further claiming that " Following the entry of the judgment, on XX/XX/XXXX, a Writ of Fieri Facias '' was issued ... '' Please pay close attention to these dates, which are all over the place and clearly demonstrate the sequence of events could not have occurred as described. 

Again, Calvary made no reference to having sent me this XX/XX/XXXX letter, but alluded to having received communication from me on or about XX/XX/XXXX disputing the debt. Calvary claims that upon receipt of this letter they " ceased collections on the account, initiated a review of the account, verified the information provided to the credit reporting agencies and confirmed the information provided to the credit reporting agencies ' reflects the dispute. '' Calvary also claims that " Pursuant to the requirements set forth in the FCRA, Calvary responded to Mr. XXXX 's dispute in writing. '' Please note Calvary DOES NOT state when exactly they supposedly " responded '' to me and I have no record of having received any response from Calvary in response to the dispute I sent to them in XX/XX/XXXX. 

What is even more confusing is that in the very next paragraph of Calvary 's response, they go on to say that " In response to the validation request, Calvary initiated its validation process. On or about XX/XX/XXXX, XXXX mailed validation of the debt to Mr. XXXX ... '' I received no such information from Calvary and this claimed action also also begs a few questions.

For instance, Calvary states they first initiated " a review of the account ... '' mainly to verify information reported to the " credit reporting agencies '' then Calvary, in the very next paragraph of their response claims to have initiated its " validation process '', but unlike describing the specific actions taken in their " review '' of the account, Calvary provides no information about this " validation process '' except to say that " On or about XX/XX/XXXX, Calvary mailed validation of the debt to Mr . XXXX. '' First, I again dispute having received ANY such communication from Calvary. Second, it seems unrealistic and illogical that Calvary could have obtained from the original Creditor, XXXX, concrete validation of the debt I allegedly owned on the same day ( XX/XX/XXXX ) Calvary received my dispute and that they would have been able to send me that information the very day.

To date, I have NEVER received any actual/concrete proof from either Calvary or their Attorney,, XXXX XXXX XXXX. All I have been able to obtain so far are billing statements in my name claiming I owe a debt but despite disputing the debt more than once I have NEVER received anything, e.g. signature receipts/statements, etc., that I actually incurred the debt. 

Finally, I would like to address Attorney XXXX XXXX XXXX 's response that also contradicts the timeline Calvary outlines in their response. I am disputing his statement that he first sent me a letter on XX/XX/XXXX. I absolutely did not receive such a letter. Had I received it, I would have immediately responded in the same manner that I responded to Calvary 's letter to me of XX/XX/XXXX. Also, I want to adamantly state that I NEVER received notice of a lawsuit, which Attorney XXXX XXXX XXXX states the " XXXX County Sheriff '' served me " notoriously '' " at your home address on XXXX XXXX XXXX on XX/XX/XXXX. 

This notice was allegedly handed to " XXXX XXXX ( Nephew ) ''. While I do have a relative with a similar name, no such person resides at my home address, XXXX XXXX XXXX XXXX and my relative has absolutely no recollection of ever having received a visit from the XXXX County Sheriff, something he states he would surely remember, neither does he recall having received any such legal document on my behalf. He is equally adamant that he would have immediately handed it to me had he received such a serious document. What is more, although the " Sheriff 's Entry of Service '' under the section checked for " Notorious '' service asks for the party served to be " described as follows age, about -- -- ; weight, about -- -- pounds, height, about -- -- feet, and -- -- inches, ... '' none of this information was completed. It therefore seems reasonable to conclude that this document was NEVER served as described. 

In light of all of everything I have detailed above, particularly the sequence of events, I am once again requesting your intervention to remove the lien that has been inappropriately placed on my property. I remain adamant that I NEVER received neither proper validation of the debt nor proper service of suit. Please assist me in doing so. Calvary states that they instructed Attorney XXXX XXXX XXXX to reach a resolution with me and I find this to be a reasonable resolution. Thank you for your further consideration and I look forward to hearing further from you. 

Sincerely, XXXX XXXX XXXX

Company response to consumer: Closed with explanation