Consumer complaint received 2016-03-30
Company: CAVALRY INVESTMENTS, LLC
State: DC
Product: Debt collection
Sub-product: Credit card
Issue: Taking/threatening an illegal action
Sub-issue: Threatened to sue on too old debt

Complaint:
I am a resident of the XXXX and I wish to file a complaint for abuse of process and violation of the FCRA against XXXX XXXX and Cavalry LLC ( debt collectors ) who have filed suit against me in a mandatory mediation state knowing that the debt was non-collectable as the statute of limitations has been exceeded. 
I believe that Calavry and XXXX purchased a non-collectable debt because their algorhythms showed I have several " paid current '' on my credit report, including my mortgage and my car. I believe that to data mine and file court summons for debt outside the statute and then use the mandatory mediation nature fo XXXX small claims court to compell a summons is an abuse of process and I wish to file a claim against them or have one filed in my behalf and those like me. Thhis concerns a XXXX credit card I closed myself 7 years ago XX/XX/XXXX when, at the peak of the financial crisis, XXXX sent me a letter stating that, eventhough I had not missed a payment they were demanding a full payoff of my {$5800.00} balance in 30 days or that I would agree to a new interest rate of 29 %. As I could not afford eitehr of those terms, I closed the card XX/XX/XXXX. I paid on the closed car faithfullly for three years until they raised my rate again despite no fault of my own and I was unabel to pay the new rate/ minimum payment. 

On the date of my summons, the plaintiff, Cavalry LLC did not appear and I challenged this before the presiding Judge ( XXXX ). Judge XXXX said that XXXX could represent Cavalry against me as their Atty was present and was acknowledged as an officer of the court. The XXXX Atty assigned the case who met with me in mediation was XXXX XXXX, who seemed to be representing XXXX and Cavalry LLC on every case before the court that day. 
In mediation I challenged the debt on grounds of absolute defense due to statute of limitations being expired ( no payment of cc closed XX/XX/XXXX since XX/XX/XXXX, court filing date by Cavalry was XXXX XXXX XXXX. 
The Atty for XXXX could not produce proof of payment on the debt within the statute of limitations. I requested a continuance of one week as XXXX XXXX ( one week later was my vacation and I could come to court and request dismissal on that date for their failure to produce proof of collectability ). The Atty for XXXX stated, " one week is not enough time to get the proof " and protested my asking for it on " too short a notice ''. 
Therefore, a continuance was granted until XXXX XXXX, which therefore requires me to give up some of my planned XXXX vacation to return to court or face a court issued judgement against me. It is my view that, given that Statute of limitations is expired and, alos given that Calvary filed suit against me and summoned me to court on XXXX XXXX, XXXX, they should have brought the proof of collectability with them on that court date ( they had 2 1/2 months to get it ). The case should be dismissed, but I also wish to pursue XXXX as it is my understanding that a court judgement in XXXX has been rendered against them for the same violation : bringing suit outside the statute of limitations and summoning people before the Court without standing to do so ( no proof of collectabilty ). 
XXXX has confirmed that they are obligated to tell me under the FCRA that the debt had been written off in XXXX XXXX with last payment more than 120 days prior ( XXXX XXXX ), the case was filed XXXX XXXX ( outside the 3 year statute in XXXX. Further XXXX told me that XXXX and Calvary have placed the collection report on my credit report despite lack of standing ( attempt to re-age the debt ) I wish to file suit against them for damages related to their abuse of process and I want them to lose their right to act as a debt collector in the XXXX.

Company response to consumer: Closed with explanation